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Price's Collision Center, LLC v. Progressive Hawaii Insurance Corporation

MEMORANDUM signed

21 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,127 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Arista Records v. Doe 3

    604 F.3d 110 (2d Cir. 2010)   Cited 3,122 times   2 Legal Analyses
    Holding that "[t]he Twombly plausibility standard . . . does not prevent a plaintiff from pleading facts alleged upon information and belief where the facts are peculiarly within the possession and control of the defendant, or where the belief is based on factual information that makes the inference of culpability plausible"

  3. Rondigo, L.L.C. v. Township of Richmond

    641 F.3d 673 (6th Cir. 2011)   Cited 715 times
    Holding that the state officials' motion to dismiss should have been granted on the basis of qualified immunity where the plaintiffs alleged that the officials violated their right to equal protection by treating female farm owners differently than similarly situated male farm owners

  4. Myint v. Allstate Ins. Co.

    970 S.W.2d 920 (Tenn. 1998)   Cited 779 times
    Holding that insurer did not violate TCPA simply by denying claim for fire damage on suspicion of circumstances suggesting arson

  5. Trau-Med v. Allstate Ins. Co.

    71 S.W.3d 691 (Tenn. 2002)   Cited 593 times
    Holding that an insurer can be liable "for the acts or omissions of an attorney hired to represent an insured when those acts or omissions were, at least in part, directed, commanded, or knowingly authorized by the insurer"

  6. ARC LifeMed, Inc. v. AMC-Tennessee, Inc.

    183 S.W.3d 1 (Tenn. Ct. App. 2005)   Cited 274 times   1 Legal Analyses
    Explaining the under Tennessee law, the elements for a breach of contract claim are: the existence of an enforceable contract; nonperformance amounting to breach of the contract; and damages caused by the breach of contract

  7. Freeman Management v. Shurgard Storage Centers

    461 F. Supp. 2d 629 (M.D. Tenn. 2006)   Cited 47 times
    Holding that civil conspiracy is a means to establish vicarious liability in tort for a breach of contract

  8. Vandenheede v. Vecchio

    541 F. App'x 577 (6th Cir. 2013)   Cited 35 times
    Affirming dismissal for failure to plead fraud with particularity

  9. Montesi v. Nationwide Mut. Ins. Co.

    970 F. Supp. 2d 784 (W.D. Tenn. 2013)   Cited 31 times
    Finding that § 5–8113 “effectively eliminates the TCPA as a viable cause of action for disputes arising from the insurer-insured relationship”

  10. NSA DBA Benefit Plan, Inc. v. Connecticut General Life Insurance Co.

    968 S.W.2d 791 (Tenn. Ct. App. 1998)   Cited 47 times

    July 23, 1997. Application for Permission to Appeal Denied by Supreme Court March 23, 1998. Appeal from the Chancery Court, Shelby County, D.J. Alissandratos, Chancellor. Charles C. Harrell, Bradley E. Trammell, Baker, Donelson, Bearman Caldwell, Memphis, for Plaintiff-Appellant. Harry P. Cohen, Admitted pro hac vice, Rosenman Colin LLP, New York, Edward M. Kaplan, Armstrong Allen Prewitt, Memphis, for Appellee, Connecticut General Life Insurance Company. James H. Drescher, Stockes Bartholomew, Nashville

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,069 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,154 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 56-8-113 - Remedies and sanctions for breach of, or for alleged unfair or deceptive acts or practices in connection with, a contract of insurance

    Tenn. Code § 56-8-113   Cited 28 times   1 Legal Analyses
    Providing that Titles 50 and 56 "shall provide the sole and exclusive statutory remedies and sanctions applicable to an insurer, person, or entity licensed, permitted, or authorized to do business under this title for alleged breach of, or for alleged unfair or deceptive acts or practices in connection with, a contract of insurance"