Topic: the purpose of a motion to dismiss under rule 12(b)(6) is t… · Go Syfert
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Topic #8084

6 canonical passages across 5 cases, quoted by 45 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 NORTH STAR INTERNATIONAL, a Nevada Corporation, Plaintiff-Appellant, v. the ARIZONA CORPORATION COMMISSION, Et Al., Defendants-Appellees.

#Case FlagCanonical passage Citers
1 NORTH STAR INTERNATIONAL, a Nevada Corporation, Plaintiff-Appellant, v. the ARIZONA CORPORATION COMMISSION, Et Al., Defendants-Appellees Anchor
ca9 · 1983
green “the purpose of a motion to dismiss under rule 12(b)(6) is to test the legal sufficiency of the complaint.” 17
2 Parks School of Business, Inc., Dba Parks College, a New Mexico Corporation v. Fife Symington Roy A. Nicholson Sally Hein
ca9 · 1995
green “a pleading which sets forth a claim for relief ... shall contain ... a short and plain statement of the claim showing that the pleader is entitled to relief.” 7
3 Drum v. San Fernando Valley Bar Assn.
calctapp · 2010
green “(1) the consumer injury must be substantial; (2) the injury must not be outweighed by any countervailing benefits to consumers or competition; and (3) it must be an injury that consumers themselves could not reasonably have avoided.” 7
4 Harm v. Frasher
calctapp · 1960
green “there is implied in every contract a covenant by each party not to do anything which will deprive the other parties thereto of the benefits of the contract.” 6
5 Drum v. San Fernando Valley Bar Assn.
calctapp · 2010
green “is immoral, unethical, oppressive, unscrupulous or substantially injurious to consumers and requires the court to weigh the utility of the defendant's conduct against the gravity of the harm to the alleged victim.” 5
6 McClain v. Octagon Plaza, LLC
calctapp · 2008
green “the implied covenant operates to protect the express covenants or promises of a contract ... it cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of the parties' agreement.” 3

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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