America West Bank Members, L.c., Appellant v. State of Utah and Its Agents; Utah Department of Financial…

Summary

The court affirmed dismissal of all of America West Bank Members’ claims, holding that the complaint failed to plead the essential facts supporting its contract, good-faith, and takings theories. The court also affirmed dismissal of the due-process claims but held that dismissal should have been without prejudice because the pleading defects did not establish that amendment would necessarily be futile. The court rejected the argument that the district court applied a heightened pleading standard.