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June 28, 2010

Pennsylvania Federal Court Holds Exhibits Establish "Facial Plausibility" of Claims.

   In L.R. Costanzo Co. v. Ohio Casualty Insurance Co., Download FREE ACCESS DOWNLOAD L.R. Costanzo Co. v. Ohio Casualty Insurance Co. (M.D. Pa. Case No. 3.10cv774, Opinion Filed June 11, 2010) also published as 2010 WL 2408640 (M.D. Pa. Opinion Filed June 11, 2010)(Westlaw subscription required to access Westlaw), a Federal Court applying Pennsylvania substantive law and Federal procedural law held that Exhibits to the Complaint in that case helped establish "facial plausibility" of both breach of contract and First-Party Bad Faith Claims to survive a motion to dismiss.  L.R. Costanzo Company, 2010 WL 2408640 at *1-*3.

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Posted by on June 28, 2010 at 06:05 AM in First Party Bad Faith |

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