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· 6/12/2003

Podiatrist Ass'n, Inc. v. La Cruz Azul De Puerto Rico, Inc.

Citations

  • 332 F.3d 6
  • 2003 U.S. App. LEXIS 11637
  • 2003 WL 21355869

How courts have described this case

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

  • requiring court to “indulg[e] all reasonable inferences” in the non-moving party’s favor (citation omitted)
  • \It is elementary that a plaintiff cannot constructively amend his complaint with an allegation made for the first time in an appellate brief.\
  • first citing Royal Bus. Grp., Inc. v. Realist, Inc., 933 F.2d 1056, 1066 (1st Cir. 1991); and then citing Dartmouth Rev. v. Dartmouth Coll., 889 F.2d 13, 22 (1st Cir. 1989
  • “The ALJ always has a special duty to fully 17 and fairly develop the record” to make a fair determination as to 18 disability, even where, as here, “the claimant is represented by 19 counsel.” (cleaned up)
  • providing a four-part test for commercial advertising or promotion

Source: CourtListener parenthetical corpus (CC0).

Judges: Selya, Coffin, Lipez

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.