Whitt v. Philadelphia American Life Insurance

How courts have described this case

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

• stating that “mere conclusory statements” cannot suffice to defeat a motion to dismiss (internal quotation marks omitted)
• applying a New York law analysis to assess whether contractual “equity-linked financing” related to “the performance of an equity security” or whether it “may include ‘debt instruments with detachable warrants’”
• “‘[W]hen the language of a contract is ambiguous, its construction presents a question of fact, which of course precludes summary dismissal’ on a Rule 12(b)(6) motion.” (citation omitted)
• “Where the claim is for breach of contract, as here, the complaint is deemed to incorporate the alleged contract by reference because the alleged contract is integral to the claim.”
• “In a dispute over the meaning of a contract, the threshold question is whether the contract terms are ambiguous, . . . which is a question of law for the Court to decide on a claim-by-claim basis[.]”

Source: CourtListener parenthetical corpus (CC0).