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· 9/28/2011

Schilke v. Wachovia Mortgage, FSB

Citations

  • 820 F. Supp. 2d 825
  • 2011 U.S. Dist. LEXIS 110274
  • 2011 WL 4501381

How courts have described this case

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

  • holding that allegations that defendant “acted willfully and recklessly and/or negligently” are conclusory and the court “need not accept [them] as true for purposes of ruling on a motion to dismiss” (internal quotation marks omitted)
  • dismissing negligence claim on grounds that beneficiary was not owed duty of care by defendant by virtue of status as decedent’s heir
  • dismissing breach of fiduciary claim brought by beneficiary of a will where beneficiary alleged only that defendant, through power of attorney, may have owed fiduciary duty to decedent

Source: CourtListener parenthetical corpus (CC0).

Judges: Dow

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.