Great American Insurance Company v. Victor Chen

Summary

The United States District Court for the Southern District of Texas adopts the magistrate judge’s Memorandum and Recommendation and overrules Defendant Victor Chen’s objections. The court denies Chen’s motion to dismiss claims brought by Great American Insurance Company for conversion, liability under the Texas Theft Liability Act, unjust enrichment, money had and received, fraud, and breach of fiduciary duty.

Holdings

1. The district court adopted the memorandum and recommendation after de novo review and overruled the defendant's objections.
2. The court rejected the defendant's objection asserting that the fraud claim failed to satisfy Rule 9(b) and denied the motion to dismiss.
3. The defendant's motion to dismiss was denied.

Questions Presented

1. Whether the defendant's objections to the magistrate judge's memorandum and recommendation should be sustained.
2. Whether the complaint failed to satisfy Federal Rule of Civil Procedure 9(b)'s heightened pleading standard for fraud.
3. Whether the defendant's motion to dismiss should be denied.

Disposition

denied