· 10/19/2011
Furman v. Delaware Department of Transportation
Citations
- 30 A.3d 771
- 2011 Del. LEXIS 558
- 2011 WL 4963847
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that on a motion to dismiss, the Court may consider documents incorporated by reference that are integral to a plaintiff’s claim
- holding that on a motion to dismiss, the Court may consider documents incorporated by reference that are integral to a plaintiff’s claim
- finding that trial court was required to convert a motion to dismiss into a motion for summary judgment when the Court relied upon materials outside the pleadings
- finding that trial court was required to convert a motion to dismiss into a motion for summary judgment when the Court relied upon materials outside the pleadings
- explaining that absent either of the two exceptions permitting a court to consider extrinsic materials on a motion to dismiss, in order to consider materials outside the pleadings, the Superior Court is required under Rule 12(b
- finding that the court could not consider extrinsic material on a motion to dismiss because the extrinsic evidence was offered for its truth and was not integral to plaintiff’s claim or incorporated into the complaint by reference
Source: CourtListener parenthetical corpus (CC0).
Judges: Steele, Holland, Jacobs
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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