· 3/25/2008
Manzarek v. St. Paul Fire & Marine Insurance
Citations
- 519 F.3d 1025
- 86 U.S.P.Q. 2d (BNA) 1632
- 2008 U.S. App. LEXIS 6145
- 2008 WL 763385
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a court granting a motion to dismiss should permit leave to amend unless it would be clearly futile
- holding that on a motion to dismiss courts must take the “factual allegations in the complaint as true and construe the pleadings in the light most favorable to the nonmoving party.”
- ruling court must “accept factual allegations 4 Plaintiffs’ allegations repeatedly refers to secret video recordings. (Dkt. 2 at ¶¶ 22, 28, 31, 41, 45
- noting that courts are not required to accept as true conclusory allegations contradicted by the relevant documents referenced in the complaint
- noting that on a motion to dismiss, the district court may “generally consider only allegations contained in the pleadings, exhibits attached to the complaint, and matters properly subject to judicial notice”
- noting that granting dismissal without leave to amend is improper “unless it is clear, upon de novo review, that the complaint could not be saved by any amendment”
Source: CourtListener parenthetical corpus (CC0).
Judges: Goodwin, Fletcher, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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