Topic: of course, where a plaintiff is unable to allege any fact s… · Go Syfert
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Topic #145

7 canonical passages across 6 cases, quoted by 153 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Cortec Industries, Inc. v. Sum Holding L.P..

#Case FlagCanonical passage Citers
1 Cortec Industries, Inc. v. Sum Holding L.P. Anchor
ca2 · 1991
green “of course, where a plaintiff is unable to allege any fact sufficient to support its claim, a complaint should be dismissed with prejudice.” 70
2 Pedro Pino v. Patrick Ryan, Deputy Superintendent of Programs, and David Barrenger, Senior Recreation Supervisor at Washington Correctional Facility
ca2 · 1995
green “he decision that a complaint is based on an indisputably meritless legal theory for purposes of dismissal under section 1915(d), may be based upon a defense that appears on the face of the complaint.” 28
3 Sarah B. Shields, Individually and as Representative of All Others Similarly Situated v. Citytrust Bancorp, Inc., George F. Taylor and Irwin Engelman
ca2 · 1994
green “it is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect.” 18
4 John Andrew Cuoco v. Kenneth Moritsugu
ca2 · 2000
green “the problem with cuoco's causes of action is substantive; better pleading will not cure it. repleading would thus be futile. such a futile request to replead should be denied.” 14
5 John Andrew Cuoco v. Kenneth Moritsugu
ca2 · 2000
green “the problem with causes of action is substantive; better pleading will not cure it. repleading would thus be futile. such a futile request to replead should be denied.” 12
6 Salinger v. Projectavision, Inc.
nysd · 1997
green “three bites at the apple is enough.” 7
7 Salahuddin v. Cuomo
ca2 · 1988
green “dismissal . . . is usually reserved for those cases in which the complaint is so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised.” 4

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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