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· 10/17/2012

Mike Gines v. D.R. Horton, Incorporated

Citations

  • 699 F.3d 812
  • 2012 WL 4902809
  • 2012 U.S. App. LEXIS 21650

How courts have described this case

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

  • construing 12(b)(6) motions, court accepts “all well-pleaded facts as true, viewing them in the light most favorable to the plaintiff”
  • construing 12(b)(6) motions, court accepts “all well-pleaded facts as true, viewing them in the light most favorable to the plaintiff”
  • noting an exception for certain documents attached to a motion to dismiss
  • a “district court may consider documents attached to the motion to dismiss if they are referred to in the plaintiff's complaint and are central to the plaintiff's claim.”
  • the court may not consider a document that is part of the record but not referenced in the plaintiff’s complaint and not attached to the Rule 12(b)(6) motion in its determination

Source: CourtListener parenthetical corpus (CC0).

Judges: King, Smith, Barksdale

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.