Legal Opinion

Alamo Group, LLC v. A & G Realty Partners, LLC

United States Bankruptcy Court, D. Delaware

Decided May 12, 2015No. Case No. 13-11565 (CSS) (Jointly Administered); Adv. Case No. 14-50103 (CSS)PublishedCited by 1 opinion

1Opinion of the Court

OPINION 1

Sontehi, J.

INTRODUCTION

Before the Court is Defendants’ 12(b)(6) Motion to Dismiss for failure to state a claim for fraudulent misrepresentation. Because Plaintiffs fail to allege materiality, a necessary element of a Delaware common law fraud claim, the Court will grant Defendants’ Motion.

JURISDICTION

This Court has jurisdiction over this matter under 28 U.S.C. §§ 157 and 1384. This is a core proceeding under 28 U.S.C. § 157(b)(2) and the Court has the judicial power to enter a final order. Moreover, the Court retained jurisdiction over this matter in Aticle X (“Retention of…

2Cases cited24 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Fowler v. UPMC SHADYSIDECourt of Appeals for the Third Circuit · 2009
  4. Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982
  5. Pension Benefit Guaranty Corporation v. White Consolidated Industries, Inc., C/o Ct Corporation Systems Registered AgentCourt of Appeals for the Third Circuit · 1993

19 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Welded Construction, L.P. v. The Williams Companies, Inc.United States Bankruptcy Court, D. Delaware · 2019

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API