Topic: the issue on a motion to dismiss is not whether the plainti… · Go Syfert
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Topic #4855

3 canonical passages across 3 cases, quoted by 69 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 United States v. Yale New Haven Hospital.

#Case FlagCanonical passage Citers
1 United States v. Yale New Haven Hospital Anchor
ctd · 1990
green “the issue on a motion to dismiss is not whether the plaintiff will prevail, but whether the plaintiff is entitled to offer evidence to support his or her claims.” 44
2 Brian Sheppard v. Leon Beerman, as an Individual and in His Official Capacity as Justice of the Supreme Court of the State of New York
ca2 · 1994
green “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.” 14
3 Mohammed Abdul Malik v. Doris Meissner, Commissioner, Immigration and Naturalization Service and Immigration and Naturalization Service
ca2 · 1996
green “the burden of proving jurisdiction is on the party asserting it.” 11

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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