· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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