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· 2/9/2010

DeLuca v. AccessIT Group, Inc.

Citations

  • 695 F. Supp. 2d 54
  • 2010 U.S. Dist. LEXIS 11084
  • 2010 WL 447114

How courts have described this case

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

  • holding that a company that was in the business of hardware and software sales and technical support was not a “principal” under § 191
  • concluding that documents in plaintiff’s possession were not integral to the Complaint because the plaintiff did not “rel[y] on the documents in framing his complaint”
  • holding that extrinsic documents may only be considered on a motion to dismiss if they “are (1) attached to the complaint; (2) incorporated into the complaint by reference; or (3) integral to the complaint”
  • stating that “[t]o be incorporated by reference, the complaint must make a clear, definite and substantial reference to the documents”
  • holding for a document to be incorporated by reference, “the complaint must make ‘a clear, definite and substantial reference to the documents’”
  • holding for a document to be incorporated by reference, “the complaint must make ‘a clear, definite and substantial reference to the documents’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Leisure

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.