ServiceMaster Co., LP v. Martin

How courts have described this case

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

• ineffective performance under a written contract, without more, does not give rise to a tort claim
• trial court erred by failing to grant a motion to dismiss a claim for punitive damages when the only cause of action was for breach of contract
• “We [must] look . . . to those facts which are deemed admitted in order to determine what cause or causes of action those facts are legally sufficient to support.”
• fraud claim properly dismissed because the alleged fraudulent statements did not induce plaintiff to provide any services and therefore could not “convert a claim in contract into a discrete claim in tort”
• “We . . . [must] look . . . to those facts which are deemed admitted in order to determine what cause or causes of action those facts are legally sufficient to support.”
• while a default may operate as an admission by the defendant of the well-pled factual allegations in the plaintiff’s complaint, it does not admit allegations not well pled, forced inferences, or conclusions of law

Source: CourtListener parenthetical corpus (CC0).