· 4/30/2008
Trans-Spec Truck Service, Inc. v. Caterpillar Inc.
Citations
- 524 F.3d 315
- 70 Fed. R. Serv. 3d 568
- 65 U.C.C. Rep. Serv. 2d (West) 633
- 2008 U.S. App. LEXIS 9313
- 2008 WL 1886625
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that court may ignore supplemental materials submitted in connection with motion to dismiss and elect not to convert motion to one for summary judgment
- concluding the district court was “well within” its discretion in declining to consider a document not before the magistrate judge
- affirming that good cause was lacking where material facts were known to plaintiff when previous complaint was filed
- affirming that good cause was lacking where material facts were known to plaintiff when previous complaint was filed
- explaining that, in reviewing a dismissal under Rule 12(b)(6), this court \review[s] only those documents actually considered by the district court . . . unless we are persuaded that [the district court] erred in declining to consider the proffered documents\
- noting that if court chooses “to ignore supplementary materials submitted with the motion papers and determine the motion under the Rule 12(b)(6) standard, no conversion occurs and the supplementary materials do not become part of the record for purposes of the Rule 12(b)(6
Source: CourtListener parenthetical corpus (CC0).
Judges: Torruella, Lipez, Howard
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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