· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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