Tuttle v. Lorillard Tobacco Co.

How courts have described this case

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

• stating that heightened pleading requirements under Rule 9(b) apply when the gravamen of the complaint is fraud
• applying Rule 9(b) to claims relating to consumer protection statute and claims of consumer fraud even though Minnesota’s consumer fraud statutes were more broadly construed than common law fraud
• notwithstanding the relative breadth of the consumer protection statutes, applying Rule 9(b) to a complaint containing claims of fraud and violation of unlawful and deceptive trade practices states because the gravamen of the complaint was fraud
• “When considering a motion to dismiss, the Court looks only to the factual allegations in the complaint. Any allegations made in subsequent legal memoranda cannot correct inadequacies within a complaint.”
• describing the heightened pleading requirements of Rule 9(b)
• unjust enrichment under Minnesota law

Source: CourtListener parenthetical corpus (CC0).