· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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