Tuesday, August 15, 2017

Twombly/Iqbal Standards Applied to Dismiss Bad Faith Complaint

In the recent Eastern Federal District Court of Pennsylvania case of Jones v. Allstate, No. 17-00648 (E.D. Pa. June 19, 2017 Pappert, J.), the Court applied the mandates of Twombly/Iqbal in granting the carrier's motion to dismiss the Plaintiff's bad faith claim filed against Allstate in a motor vehicle accident case.  The Plaintiff was granted leave to amend.

Quoting colorful language from the Iqbal case, the court noted that, while a Federal Court Complaint need not provide detailed facts, it must provide "more than an unadorned, the-defendant-unlawfully-harmed-me accusation."

Anyone wishing to review this decision, may click this LINK.

I send thanks to Attorney Kristin H. Jones of the Philadelphia office of Pepper Hamilton, LLP for bringing this decision to my attention.

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