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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.