Case Law Alerts
Detailed pleadings of the fraud required to survive a motion to dismiss for lack of sufficient particularly.
The plaintiffs filed suit against the defendants seeking reimbursement of paid bills allegedly submitted through fraudulent no-fault insurance charges. The defendant sought to dismiss the complaint, asserting that it failed to “state with particularity the circumstances constituting fraud or mistake.” The court found that the complaint was detailed, with extensive examples of misconduct regarding individual patients. Accordingly, surviving a motion to dismiss for lack of sufficient particularly consists of detailed pleadings concerning the fraud committed.
Case Law Alerts, 3rd Quarter, July 2020 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 © 2020 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.