Topic: not bound to accept legal conclusions couched in fact. · Go Syfert
← All topics

Topic #26140

3 canonical passages across 3 cases, quoted by 15 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 DiVittorio v. HSBC Bank, USA, N.A. Ex Rel. Ace Securities Corp. Home Equity Loan Trust (In Re DiVittorio).

#Case FlagCanonical passage Citers
1 DiVittorio v. HSBC Bank, USA, N.A. Ex Rel. Ace Securities Corp. Home Equity Loan Trust (In Re DiVittorio) Anchor
mab · 2010
green “not bound to accept legal conclusions couched in fact.” 7
2 James Chongris and George Chongris v. Board of Appeals of the Town of Andover
ca1 · 1987
green “conclusively contradicted by plaintiffs' concessions or otherwise.” 4
3 Bailey v. Wells Fargo Bank, NA (In Re Bailey)
mab · 2010
green “a court may also consider a limited universe of materials not included in or attached to the complaint, such as documents incorporated by reference in the complaint, matters of public record, and other matters susceptible to judicial notice.” 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.

← Caselaw search · Hot / Trending / Newly red · Brief Check