Topic: a court cannot 'create a claim which a plaintiff has not sp… · Go Syfert
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Topic #4470

6 canonical passages across 6 cases, quoted by 74 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 Rose M. Clark v. National Travelers Life Insurance Company.

#Case FlagCanonical passage Citers
1 Rose M. Clark v. National Travelers Life Insurance Company Anchor
ca6 · 1975
green “a court cannot 'create a claim which a plaintiff has not spelled out in his pleading.” 17
2 HDC, LLC v. City of Ann Arbor
ca6 · 2012
green “construes the complaint in a light most favorable to the plaintiff” 17
3 Roy Brown v. Linda Matauszak
ca6 · 2011
green “a court cannot 'create a claim which a plaintiff has not spelled out in his pleading.” 16
4 Fox v. Michigan State Police Department
ca6 · 2006
green “are not exempt from the requirements of the federal rules of civil procedure.” 12
5 Young Bok Song v. Brett Gipson
ca6 · 2011
green “while courts are properly charged with protecting the rights of all who come before it, that responsibility does not encompass advising litigants as to what legal theories they should pursue.” 8
6 Courie v. Alcoa Wheel & Forged Products
ca6 · 2009
green “contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” 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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