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· 4/4/2013

West Run Student Housing Associates, LLC v. Huntington National Bank

Citations

  • 712 F.3d 165
  • 85 Fed. R. Serv. 3d 502
  • 2013 WL 1338986
  • 2013 U.S. App. LEXIS 6804

How courts have described this case

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

  • holding that district courts may not look outside the four corners of the amended complaint when resolving Rule 12(b)(6) motions
  • holding that district courts may not look outside the four corners of the amended complaint when resolving Rule 12(b)(6) motions
  • holding that facts in a complaint can be withdrawn by an amended complaint and cannot be used against plaintiff on a motion to dismiss unless repeated or incorporated in the new pleading
  • holding the legal effect of an amended pleading is that it supersedes and nullifies the allegations made in the original pleading
  • explaining that the District Court cannot look outside the four corners of the operative complaint at the motion to dismiss stage
  • stating that “judicial admissions” alleged in prior complaint were no longer before court, because amended complaint, which became operative complaint, withdrew such admissions “by amendment”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hardiman, Aldisert, Stark

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.