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· 11/24/2010

Nugent v. Unum Life Insurance Co. of America

Citations

  • 752 F. Supp. 2d 46
  • 77 Fed. R. Serv. 3d 1390
  • 2010 U.S. Dist. LEXIS 124601
  • 2010 WL 4780847

How courts have described this case

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

  • noting that striking parts of pleading under Rule 12(f) is a “drastic” and “disfavored” remedy
  • dismissing the plaintiff’s intentional infliction of emotion distress claim because the injuries underpinning that claim stem from an alleged breach of contract
  • dismissing the plaintiff’s intentional infliction of emotion distress claim because the injuries underpinning that claim stem from an alleged breach of contract
  • dismissing tort claim where “[t]he common denominator of the allegations” underlying plaintiffs claim was “that they stem from the manner in which [defendant] processed her insurance claim.”
  • “Dr. Nugent fails to plead sufficient facts that might constitute an independent tort, apart from the alleged injuries that are inextricably linked with Unum’s duty to perform its obligations under the contract.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rosemary M. Collyer

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.