· 8/23/1999
Gerry M. Griggs v. State Farm Lloyds Lark P. Blum
Citations
- 181 F.3d 694
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that a plaintiffs DTPA and Article 21.21 misrepresentation claims failed because plaintiff did not identify any particular misrepresentations made by the defendant
- holding that mere conclusory allegations are insufficient to support causes of action for violations of the DTPA, breach of contract, or breach of fiduciary duty
- finding an agent’s statements that she would handle claims \professionally” and that she would \monitor the progress of Griggs’ claim” were non-actionable
- affirming district court’s finding that plaintiff fraudulently joined defendant because pleadings and affidavit failed to establish implied or express contract
- undifferentiated liability averments against diverse and non-diverse defendants together do not satisfy the requirement to state specific actionable conduct against the non-diverse defendant
- “While the burden of demonstrating fraudulent joinder is a heavy one, we have never held that a particular plaintiff might possibly establish liability by the mere hypothetical possibility that such an action could exist”.
Source: CourtListener parenthetical corpus (CC0).
Judges: Garwood, Davis, Demoss
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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