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ABIRA MEDICAL LABORATORIES, LLC v. YORK INSURANCE SERVICES GROUP...

Docket 3:23-cv-03525, New Jersey District Court (June 29, 2023)
Judge Georgette Castner, presiding, Magistrate Judge Tonianne J. Bongiovanni
Contract - Other
DivisionTrenton
Cause28:1441 Notice of Removal- Breach of Contract
Case Type190 Contract - Other
Tags190 Contract, Contract, Civil, Other, 190 Contract, Contract, Civil, Other
Plaintiff Abira Medical Laboratories, LLC D/B/A Genesis Diagnostics
Defendant York Insurance Services Group
Plaintiff Abira Medical Laboratories, LLC
...
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No. 27 OPINION filed

Document ABIRA MEDICAL LABORATORIES, LLC v. YORK INSURANCE SERVICES GROUP et al, 3:23-cv-03525, No. 27 (D.N.J. May. 29, 2024)
“A claim is facially plausible ‘when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendantis liable for the misconduct alleged.’” Clark v. Coupe, 55 F.4th 167, 178 (3d Cir. 2022) (quoting Mammana v. Fed. Bureau of Prisons, 934 F.3d 368, 372 (3d Cir. 2019)).
When assessing the factual allegations in a complaint, courts “disregard legal conclusions andrecitals of the elements of a causeof action that are supported only by mere conclusory statements.” Wilson, 57 F.4th at 140 (citing Oakwood Lab’ys LLC v. Thanoo, 999 F.3d 892, 903 (3d Cir. 2021)).
Rather, the [Amended Complaint] speaks in generalities .... [S]imply supposing the existence of a ‘benefits clause’ that requires automatic and uncritical paymentof claimsis insufficient to sustain a breach of contract claim.” (ECF No. 20-1 at 16-17.7) In opposition, Plaintiff makes two arguments.
No. 21-10172, 2024 WL 1016200,at *4 (D.N.J. Mar. 8, 2024) (“[A] complaint’s reference to an agreement andallegation of its breach is insufficient to survive dismissal because those claims are ‘legal conclusion|s]’ properly disregarded on a Rule 12(b)(6) motion.” (citation omitted)); Riachi v. Prometheus Grp., Civ.
3d 487, 494 (D.N.J. 2023) (“The Complaint lacks factual allegations showing the parties made an agreement containing ‘certain terms,’ and so, Premier has failed to state a breach of contract claim.” (citation omitted)).
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