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Sixth Circuit· 9/1/2016

David Gavitt v. Bruce Born

Citations

  • 835 F.3d 623
  • 2016 FED App. 0216P
  • 2016 U.S. App. LEXIS 16181

How courts have described this case

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

  • holding that an appellate court cannot “reweigh the equities or reassess the facts” when reviewing for an abuse of discretion
  • explaining that courts may consider documents attached to a complaint when determining whether a plaintiff states a plausible claim for relief
  • stating that the facial sufficiency of the complaint must generally be made “without resort to matters outside the pleadings”
  • noting that a court may consider a complaint’s attachments on a motion to dismiss
  • explaining that we ordinarily assess the factual sufficiency of a complaint without looking outside the pleadings, but if we do look outside them, we treat a motion to dismiss as one for summary judgment
  • explaining that a court “may consider exhibits attached to the complaint”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clay, Rogers, McKeague

Read full opinion on CourtListener

Cited by

32 cases in this archive cite this case; the 20 most cited are listed.

Cites

39 cases in this archive are cited by this case; the 20 most cited are listed.

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.