Whiting v. AARP & Unitedhealthcare Insurance

How courts have described this case

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

• holding that materials supporting the facts asserted in the complaint were “irrelevant to disposition of the motion to dismiss, which turns on the adequacy of the well-pleaded factual allegations in the complaint, which are assumed to be true”
• finding the district court properly dismissed the plaintiffs unjust enrichment claim because “the survival of this claim depends on the validity of her breach of contract or statutory claim”
• finding that “matters to be noticed must be relevant”
• affirming rejection of breach-of-contract claim and subsequent dismissal of CPPA claim because “no reasonable person” could be misled or deceived by statements in an insurance certificate and promotional materials
• finding dismissal with prejudice “appropriate” where the plaintiff “did not identify any new claims or allegations that would cure the defects ... in opposing the motion to dismiss or by filing a motion to amend her complaint pursuant to Federal Rule of Civil Procedure 15”
• in case resulting from denial of insurance coverage, claim based on plaintiff’s status as third-party beneficiary of agreement between insurer and marketer redundant of breach-of-contract claim

Source: CourtListener parenthetical corpus (CC0).