· 6/17/2022
Toshiba Glob. Com. Sols., Inc. v. Smart & Final Stores LLC
Syllabus
Personal jurisdiction whether a nonresident defendant's contract has a substantial connection with North Carolina.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that Rule 9(b) applied to the plaintiff’s claim because the claim was “based on allegations that [the plaintiff] relied on [the defendant’s] intentional misrepresentations to his own detriment”
- finding that Rule 9(b) applied to the plaintiff’s Arizona Consumer Fraud Act claim because the claim was “based on allegations that [the plaintiff] relied on [the defendant’s] intentional misrepresentations to his own detriment” (emphasis added)
- applying Rule 9(b) to a claim asserted under the Arizona Consumer Fraud Act
- “a plaintiff needs to plead the who, what, when, where, and how regarding a claim only when Rule 9(b)’s heightened pleading standard applies”
- “A party who fails to squarely raise a claim in its brief … abandons that claim.”
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
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