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RECITING STATUTORY ELEMENTS NOT ENOUGH: Repeat Litigator Woodard’s TCPA Case Dismissed for Lack of Factual Allegations
Wednesday, March 6, 2024

Pretty straightforward rules apply to pleadings in federal court. While the standard for pleadings is fairly limited the Plaintiff is still required to allege facts that support claims and not merely the elements of the statute that was allegedly violated.

For instance in Woodard v. Health Insurance Alliance, 2024 WL 942629 (N.D. Ill. March 5, 2024) the court dismissed a plaintiff’s TCPA suit where there were no factual allegations tying the alleged claims to the Defendant’s conduct.

The Court also noted the inconsistency between Plaintiff claiming Defendant made the calls, on the one hand, and also alleging another party made the calls on the other hand. Pretty tough to justify.

In the end there wasn’t a whole lot to this order but nice to see a judge throwing out a case that is just boned with no meat.

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