· 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 CourtListenerSourced 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.