Evercrete Corp. v. H-Cap Ltd.

How courts have described this case

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

• noting all potential factual disputes must be resolved in plaintiffs favor on motion to dismiss
• collecting cases for proposition that garden-variety trademark infringement is not a RICO predicate
• declining to resolve a factual dispute on a motion to dismiss
• “A party may raise a defense of res judicata, collateral estoppel, or judicial estoppel on a motion to dismiss pursuant to Rule 12(b)(6) where the basis for that defense is set forth on the face of the complaint or established by public record.”
• “A party may raise a defense of res judicata, collateral estoppel, or judicial estoppel on a motion to dismiss pursuant to Rule 12(b)(6) where the basis for that defense is set forth on the face of the complaint or established by public record.”

Source: CourtListener parenthetical corpus (CC0).