· 7/21/1989
Weaver ex rel. Weaver v. New York City Employees' Retirement System
Citations
- 717 F. Supp. 1039
- 1989 U.S. Dist. LEXIS 8372
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding allegation that defendant's \principal place of business [is] in 12 California\ insufficient to plausibly allege advertising at issue originated from California
- noting that, in the absence of any allegations that “the tortious conduct occurred at least in 26 part in California,” the fact that a company’s principal place of business was in the state made the 27 1 allegations merely possible, not plausible
- dismissing statutory tort claim and breach of fiduciary duty claim against Fannie Mae and observing that “the Merrill doctrine has been applied to both contract and tort-based claims”
- “if insurance were available from a number of carriers at different rates — all subject to filed-rates — the filed-rate doctrine would not protect a loan servicer who chooses a carrier and a policy with a rate higher than others simply to receive a kickback not available from other carriers”
- both kickback and backdating claims not preempted
- dismissing claims against Fannie Mae
Source: CourtListener parenthetical corpus (CC0).
Judges: Mukasey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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