Topic: succinctly stated, whether a tort claim can coexist with a … · Go Syfert
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Topic #5878

6 canonical passages across 4 cases, quoted by 85 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Gaddy Engineering Co. v. Bowles Rice McDavid Graff & Love, LLP.

#Case FlagCanonical passage Citers
1 Gaddy Engineering Co. v. Bowles Rice McDavid Graff & Love, LLP Anchor
wva · 2013
green “succinctly stated, whether a tort claim can coexist with a contract claim is determined by examining whether the parties' obligations are defined by the terms of the contract.” 25
2 Migdal v. Rowe Price-Fleming International, Inc.
ca4 · 2001
green “the presence of a few conclusory legal terms does not insulate a complaint from dismissal under rule 12(b)(6) when the facts alleged in the complaint cannot support the legal conclusion.” 23
3 Painter's Mill Grille, LLC v. Howard Brown
ca4 · 2013
green “to withstand a motion to dismiss, a complaint must allege 'enough facts to state a claim to relief that is plausible on its face.” 11
4 Gaddy Engineering Co. v. Bowles Rice McDavid Graff & Love, LLP
wva · 2013
green “to prevent the recasting of a contract claim as a tort claim.” 10
5 Dan Ryan Builders, Inc. v. Crystal Ridge Development, Inc.
ca4 · 2015
green “the 'gist of the action' doctrine requires plaintiffs seeking relief in tort to identify a non-contractual duty breached by the alleged tortfeasor.” 9
6 Gaddy Engineering Co. v. Bowles Rice McDavid Graff & Love, LLP
wva · 2013
green “recovery in tort will be barred” 7

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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