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· 11/7/2011

National Union Fire Insurance v. Simpson Manufacturing Co.

Citations

  • 829 F. Supp. 2d 914
  • 2011 U.S. Dist. LEXIS 128481
  • 2011 WL 5374355

How courts have described this case

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

  • distinguishing cases involving “contradictory – not omitted – pleadings” in which the original complaint controlled, from other cases in which courts declined to consider the original complaint
  • finding a three-second drum sequence not quantitatively significant to a six- 8 minute song
  • “Since Auscape, a growing majority of the courts in the Southern District of New York to address this question have followed Judge Kaplan’s lead and applied the injury rule to infringement claims.” (collecting cases)
  • “[T]he facts alleged in a complaint or the documents attached thereto can be self-defeating.”
  • “If a document relied on in the complaint contradicts allegations in the complaint, the document, not the allegations, control, and the court need not accept the allegations in the complaint as true.”
  • “If a document relied on in the complaint contradicts allegations in the complaint, the document, not the allegations, control, and the court need not accept the allegations in the complaint as true.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kay

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.