1. Federal Rule 9(g) requires the pleading of special damages with particularity, but does not define special...

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1. Federal Rule 9(g) requires the pleading of special damages with particularity, but does not define special damages. A typical definition looks to whether the damages would be

“unusual” for the claim asserted. Under that standard, would the complaint be required to allege the following items of damages with particularity?

(a) Medical bills resulting incurred as a result of personal injuries in a car crash.

(b) Unpaid health insurance benefits for multiple services rendered.

(c) Aggravation of a pre-existing medical condition.

(d) Losses that flow from contractual breach other than the value of the promised performance.

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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