Topic: on a motion to dismiss pursuant to rule 12(b)(6), the court… · Go Syfert
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Topic #7715

5 canonical passages across 4 cases, quoted by 47 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 Calcutti v. SBU, INC..

#Case FlagCanonical passage Citers
1 Calcutti v. SBU, INC. Anchor
nysd · 2003
green “on a motion to dismiss pursuant to rule 12(b)(6), the court limits consideration to: (1) the factual allegations in the complaint, which are accepted as true; (2) documents attached to the complaint as an exhibit or incorporated in it by reference; (3) matters of which judicial …” 11
2 In re Residential Capital, LLC
nysb · 2014
green “unenforceable against the debtor and property of the debtor, under any agreement or applicable law.” 11
3 In re Manhattan Jeep Chrysler Dodge, Inc.
nysb · 2019
green “section 502 of the bankruptcy code provides generally that a proof of claim should be allowed except to the extent it is objectionable on various grounds.” 11
4 Havens v. James
ca2 · 2023
green “not to weigh the evidence that might be presented at a trial but merely to determine whether the complaint itself is legally sufficient.” 8
5 Havens v. James
ca2 · 2023
green “the court's function is 'not to weigh the evidence that might be presented at a trial but merely to determine whether the complaint itself is legally sufficient.” 6

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