Skip to main content
· 8/7/2001

Help at Home, Incorporated v. Medical Capital, L.L.C., D/B/A Medcap

Citations

  • 260 F.3d 748
  • 45 U.C.C. Rep. Serv. 2d (West) 642
  • 2001 U.S. App. LEXIS 17443
  • 2001 WL 902462

How courts have described this case

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

  • explaining that a plaintiff may add facts “by affidavit or brief” in response to motion to dismiss if they are “consistent with the allegations of the complaint.”
  • noting that a plaintiff may add essential facts “by affidavit or brief in order to defeat a motion to dismiss if the facts are consistent with the allegations of the complaint”
  • “A plaintiff . . . may add [additional facts] by affidavit or brief in order to defeat a motion to dismiss if the facts are consistent with the allegations of the complaint.” (quotation marks omitted)
  • “‘A plaintiff need not put all of the essential facts in the complaint;’ he may add them by affidavit or brief in order to defeat a motion to dismiss if the facts are consistent with the allegations of the complaint.” (citation omitted)
  • “A plaintiff need not put all of the essential facts in the complaint; he may add them by . . . brief in order to defeat a motion to dismiss if the facts are consistent with the allegations of the complaint.” (quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Ripple, Rovner, Evans

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.