Topic: do not countenance dismissal of a complaint for imperfect s… · Go Syfert
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Topic #51

10 canonical passages across 7 cases, quoted by 3,149 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 Johnson v. City of Shelby.

#Case FlagCanonical passage Citers
1 Johnson v. City of Shelby Anchor
scotus · 2014
green “do not countenance dismissal of a complaint for imperfect statement of the legal theory supporting the claim asserted.” 800
2 A Society Without a Name v. Commonwealth of Virginia
ca4 · 2011
green “a court decides whether the pleading standard is met by separating the legal conclusions from the factual allegations, assuming the truth of only the factual allegations, and then determining whether those allegations allow the court to reasonably infer” 505
3 Goodman v. Praxair, Inc.
ca4 · 2007
green “this principle only applies . . . if all facts necessary to the affirmative defense 'clearly appear on the face of the complaint.” 368
4 Goodman v. Praxair, Inc.
ca4 · 2007
green “in the relatively rare circumstances where facts sufficient to rule on an affirmative defense are alleged in the complaint, the defense may be reached by a motion to dismiss filed under rule 12(b)(6).” 354
5 Roman Zak v. Chelsea Therapeutics International
ca4 · 2015
green “generally, when a defendant moves to dismiss a complaint under rule 12(b)(6), courts are limited to considering the sufficiency of allegations set forth in the complaint and the 'documents attached or incorporated into the complaint.” 254
6 Francis v. Giacomelli
ca4 · 2009
green “naked assertions' of wrongdoing” 216
7 Paul Retfalvi v. United States
ca4 · 2019
green “a court is not required to accept legal conclusions drawn from the facts.” 197
8 Gordon Goines v. Valley Community Services Board
ca4 · 2016
green “when the plaintiff attaches or incorporates a document upon which his claim is based, or when the complaint otherwise shows that the plaintiff has adopted the contents of the document, crediting the document over conflicting allegations in the complaint is proper.” 159
9 Gordon Goines v. Valley Community Services Board
ca4 · 2016
green “before treating the contents of an attached or incorporated document as true, the district court should consider the nature of the document and why the plaintiff attached it.” 154
10 Paul Retfalvi v. United States
ca4 · 2019
green “a court 'must accept as true all of the factual allegations contained in the complaint,' and must 'draw all reasonable inferences from those facts in favor of the plaintiff.” 142

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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