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Tag Archives: Failure To State Claim

Civil Practice: Failure to State Claim-Default Judgment-Products Liability

Where a plaintiff, who brought claims against the maker and seller of a neck brace alleging it caused or failed to protect him from serious injury, challenged the grant of the defendant’s motion to dismiss for failure to state a ...

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Civil Practice: ERISA -Failure to State Claim-Emergency Air Transport

Where an emergency air-transport company brought claims against an insurer for allegedly inadequate reimbursements for air-ambulance services provided to the insurer’s plan members, the plaintiff did not have the right to seek equitable relief under ERISA, and the judgment is ...

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ERISA: Breach Of Fiduciary Duty-Failure To State Claim

Where a former employee claimed that the investment committee of the employer’s retirement savings plan breached their fiduciary duties under the Employee Retirement Income Security Act of 1974, the employee’s allegations were insufficient to plausibly allege that ERISA fiduciaries breached ...

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Administrative: Water Service Payments-Monetary Damages-Failure To State Claim

Where customers of a water corporation sought reimbursements of alleged overpayments, the amended class-action petition failed to state a claim upon which relief could be granted because the trial court lacked authority to determine the water corporation’s rates under any ...

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