Daniel Avila v. CitiMortgage, Incorporated

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that federal notice pleading standards, not the “clear and convincing” pleading requirement that Illinois applies to fiduciary relationships, govern in diversity actions
• holding under Illinois law, an escrow agent owes a fiduciary duty to both the person making the deposition with the escrowee and to the person for whom the deposit is made
• noting that “plaintiffs are not required to plead specific legal theories”
• affirming dismissal where plaintiff “ha[d] not plausibly alleged that [defendant] assumed any additional, extra-contractual duties of a fiduciary nature”
• “If under the mortgage agreement CitiMortgage was an escrow agent, then Avila has adequately alleged the existence of a fiduciary duty.”
• contract law imposes an implied duty of good faith on parties empowered by the contract, but that does not create a fiduciary relationship

Source: CourtListener parenthetical corpus (CC0).