LAW 607 Lecture Notes - Lecture 33: Zurich Insurance Group, United States District Court For The Southern District Of New York, Tarrant County, Texas
1 Jun 2020
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This elevated standard applies not only to claims, but to any allegation of fraud, including those in the answer: general allegation insufficient: therefore, a general allegation that defendant fraudulently caused plaintiff to sign the contract is not sufficient. Plaintiff needs to describe in detail the representations made by defendant, when they were made, and how they were incorrect: example: stradford v. zurich insurance co. , 2002 wl 31027517 (s. d. n. y. 2002), demonstrates how the higher standard of fed. P. 8(a): special damages: a party who claims any items of special damage must state those items specifically. The concept of special damages applies to two situations. Page 1 of 3: the first where claimant has an injury that would not be reasonably expected. In this latter situation, special damages can be thought of as actual damages: other issues: although courts sometimes apply heightened pleading standards for other issues, the supreme court in leatherman v. tarrant county narcotics.
