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· 8/1/2002

188 LLC v. Trinity Industries, Incorporated

Citations

  • 300 F.3d 730
  • 2002 U.S. App. LEXIS 15427
  • 2002 WL 1767381

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that the purpose of the “incorporation by reference” doctrine is “to prevent parties from surviving a motion to dismiss by artful pleading or by failing to attach relevant documents”
  • explaining that defendants may attach contracts underlying the claims to a motion to dismiss \to prevent parties from surviving a motion to dismiss by artful pleading or by failing to attach relevant documents\
  • permitting consideration of document that defendant alleged was incorporated in the contested contract, but not attached to the complaint
  • “the purpose of the exception [for documents referred to in the complaint] is to prevent parties from surviving a motion to dismiss by artful pleading or failing to attach relevant documents”

Source: CourtListener parenthetical corpus (CC0).

Judges: Bauer, Posner, Ripple

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.