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· 6/27/2011

SHS Investment v. Nationwide Mutual Insurance

Citations

  • 798 F. Supp. 2d 811
  • 2011 U.S. Dist. LEXIS 68478

How courts have described this case

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

  • concluding that Rule 9(b) applies “to all averments of fraud, whether they are part of a claim of fraud or ... statutory claims based on allegations of fraud” and collecting cases
  • stating that standard for claims under either subsection is the same as standard for common law claim for breach of insurer’s duty of good faith and fair dealing
  • dismissing claims that were “largely composed of legal conclusions couched as factual allegations, formulaic recitations of the elements of a cause of action, generic paraphrases of statutory language, and conclusory statements without supporting facts”
  • “causes of action arising under DTPA . . . or common law fraud must satisfy Rule 9(b)”

Source: CourtListener parenthetical corpus (CC0).

Judges: Harmon, Melinda

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.