A complaint cannot consist of conclusory allegations devoid of factual support.

The plaintiffs sought to have the Insurance Fraud Prevention Act (IFPA) repealed and declared unconstitutional. The plaintiffs argued that the defendant insurance company bribed state legislators to pass the IFPA, which was utilized to harass physicians. The defendants filed a motion to dismiss. The court agreed that the plaintiffs’ claims were outlandish, conclusory and provided implausible theories. Therefore, the court found that the plaintiffs failed to state a claim, and the second amended complaint was dismissed in its entirety.

^{Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2021 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.}