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· 1/17/2013

John Faulkner v. Adt Security Services, Inc.

Citations

  • 706 F.3d 1017
  • 2013 WL 174368
  • 2013 U.S. App. LEXIS 1108

How courts have described this case

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

  • reminding that on a motion to dismiss, the facts are construed 7 in the light most favorable to plaintiff—the non-moving party, and where exhibits assert facts that 8 are in dispute, the court construes them in favor of the non-moving party
  • remanding to 3 17 the district court to consider whether dismissal should have been without prejudice
  • remanding to the district court to consider whether dismissal 10 || should have been without prejudice
  • remanding to the district court to consider whether 18 dismissal should have been without prejudice
  • remanding to the district court in order to consider a 16 || whether dismissal should have been without prejudice
  • requiring “allegations of material fact” to support 26 claims on a motion to dismiss

Source: CourtListener parenthetical corpus (CC0).

Judges: Sack, Gould, Smith

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.