Legal Opinion

Old Republic National Title Insurance v. Welch (In re Oakes)

United States Bankruptcy Court, E.D. North Carolina

Decided July 2, 2013No. CASE NO. 12-05082-8-JRL; ADVERSARY PROCEEDING NO. 12-00253-8-JRLPublishedCited by 3 opinions

1Opinion of the Court

CHAPTER 11

ORDER

J. Rich Leonard, United States Bankruptcy Judge

This matter came before the court on Barrett Oakes Welch’s (“defendant”) motion to dismiss the complaint filed by Old Republic National Title Insurance Company (“plaintiff’) in the above-captioned adversary proceeding on the grounds that it fails to state a claim upon which relief may be granted pursuant to Fed.R.Civ.P. 12(b)(6) and Fed. R. Bankr.P. 7012(b)(6). A hearing was held in Raleigh, North Carolina on May 23, 2013. At the conclusion of the hearing, the court took the matter under advisement.

BACKGROUND1

The defendant, a…

2Cases cited26 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Papasan v. AllainSupreme Court of the United States · 1986
  4. Giarratano v. JohnsonCourt of Appeals for the Fourth Circuit · 2008
  5. United Laboratories, Inc. v. KuykendallSupreme Court of North Carolina · 1988

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3Cited by3 opinions

  1. Allianz Global Risks US Insurance Company v. Travelers Property Casualty Company of AmericaDistrict Court, W.D. North Carolina · 2022
  2. Piedmont Roofing Services, LLC v. Nationwide Mutual Insurance CompanyDistrict Court, W.D. North Carolina · 2023
  3. Piedmont Roofing Services, LLC v. Universal Property & Casualty Insurance CompanyDistrict Court, W.D. North Carolina · 2023

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