Thursday, April 04, 2013

Third Circuit -- West Run Student Housing v. Huntington National Bank

Conclusory allegations that contractor disclosed information to a competitor insufficient to state a claim.  Corroboration required.

No breach of the implied warranty of good faith and fair dealing in providing financing to a competitor.

At the motion to dismiss stage, the court cannot look beyond the four corners of the pleading -- statements in original pleading later superseded by amended pleading are therefore not binding judicial admissions.

West Run Student Housing v. Huntington National Bank
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.