· 7/24/2014
Christopher Gorog v. Best Buy Co., Inc.
Citations
- 760 F.3d 787
- 38 I.E.R. Cas. (BNA) 1301
- 2014 WL 3638899
- 2014 U.S. App. LEXIS 14063
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that contract documents attached to defendant’s motion to dismiss were necessarily embraced by the pleadings and appropriately considered
- stating that documents necessarily embraced by the complaint are not matters outside the pleadings
- finding the district court properly relied upon contracts attached to the defendant’s motion to dismiss because the plaintiffs claim rested upon these contracts
- noting that “matters outside the pleadings” include “any written or oral evidence in support of or in opposition to the pleading that provides some substantiation for and does not merely reiterate what is said in the pleadings”
- requiring the Court to draw all reasonable inferences in favor of the Plaintiffs
- “Though matters outside the pleading may not be considered in deciding a Rule 12 motion to dismiss, documents necessarily embraced by the complaint are not matters outside the pleading.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Melloy, Benton
Read full opinion on CourtListenerSourced 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.