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· 10/22/2010

Speaker v. U.S. Department of Health & Human Services Centers for Disease Control & Prevention

Citations

  • 623 F.3d 1371
  • 77 Fed. R. Serv. 3d 1059
  • 2010 U.S. App. LEXIS 22422
  • 2010 WL 4136634

How courts have described this case

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

  • holding that the costs of having to defend false allegations is pertinent to the third element
  • explaining that determining the legal sufficiency of the complaint requires presuming the factual allegations made in the complaint to be true
  • explaining that the Court must accept all factual allegations in the complaint as true and construe them in the light most favorable to the plaintiff
  • noting that “[i]n ruling on a 12(b)(6) motion, the Court accepts the factual allegations in the complaint as true and construes them in the light most favorable to the plaintiff’
  • explaining that a plaintiff need not prove her case on the pleadings and that the pertinent question is whether the complaint provides enough factual matter to raise a reasonable inference, and thus a plausible claim, for relief
  • stating that with regard to Rule 12(b)(6), “it is generally true that the ‘scope of the review must be limited to the four corners of the complaint,’” (quoting St. George v. Pinellas Cnty., 285 F.3d 1334, 1337 (11th Cir. 2002))

Source: CourtListener parenthetical corpus (CC0).

Judges: Hull, Martin, Fay

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.