RAM International, Inc. v. ADT Security Services, Inc.

To uphold the dismissal of this negligence claim, we must conclude that construing the complaint in the light most favorable to Ram and accepting all of Ram’s allegations as true, ADT is not even plausibly liable for the misconduct alleged. See Keys v. Humana, Inc., 684 F.3d 605, 608 (6th Cir.2012). The majority finds this standard satisfied by holding that, as a matter of Michigan law, a party to a contract can never be negligent when performing its contractual obligations because no legal duty guides or confines the contracting party’s actions. The operative determination of the majority is…