Kincaid v. SouthTrust Bank

How courts have described this case

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

• holding that “[a]lthough we are required to construe the factual allegations in 10 Plaintiff[’s] favor, and therefore accept the allegations of fact as true, we are not required to give the same deference to conclusory allegations.”
• declaring that a complaint that fails to state an intentional misrepresentation of a material fact with particularity is insufficient to state a claim of fraud
• finding that “[c]onspiracy claims must be pled with some degree of specificity,” and “[c]onclusory allegations . . . unsupported by material facts will not be sufficient to state such a claim”
• holding constructive frauds concern “a breach of a legal or equitable duty, with or without fraudulent intent, and entail as an attribute of fraud, conduct which reasonably can be expected to influence the conduct of others.”
• “Having failed to establish an essential element of a claim for conspiracy, Count I cannot survive a motion to dismiss for failure to state a claim under Tenn. R. Civ. P. 12.02(6).”
• “There is nothing unlawful about a secured creditor releasing guarantees on an indebtedness in exchange for a deed in lieu of foreclosure to recover the secured property[.]”

Source: CourtListener parenthetical corpus (CC0).