Topic: on a motion to dismiss, the complaint is construed in the l… · Go Syfert
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Topic #2193

4 canonical passages across 4 cases, quoted by 133 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 Axa Equitable Life Insurance v. Infinity Financial Group, LLC.

#Case FlagCanonical passage Citers
1 Axa Equitable Life Insurance v. Infinity Financial Group, LLC Anchor
flsd · 2009
green “on a motion to dismiss, the complaint is construed in the light most favorable to the non-moving party, and all facts alleged by the non-moving party are accepted as true.” 72
2 Rita Patricia Keefe v. Bahama Cruise Line, Inc., a Foreign Corporation
ca11 · 1989
green “committed aboard a ship sailing in navigable waters,” 26
3 Salvador Magluta v. F.P. Sam Samples
ca11 · 2004
green “dismissal pursuant to rule 12(b)(6) is not appropriate 'unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” 21
4 Wagner v. First Horizon Pharmaceutical Corporation
ca1 · 2006
green “the substantive count and the factual predicates . . . and courts cannot perform their gatekeeping function with regard to the averments of the plaintiff's claim.” 14

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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