Topic: dismissal under rule 12(b)(6) is proper only when it is bey… · Go Syfert
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Topic #8280

5 canonical passages across 5 cases, quoted by 44 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 Bock v. Gold.

#Case FlagCanonical passage Citers
1 Bock v. Gold Anchor
vt · 2008
green “dismissal under rule 12(b)(6) is proper only when it is beyond doubt that there exist no facts or circumstances consistent with the complaint that would entitle plaintiff to relief.” 16
2 Mahoney v. Tara, LLC
vt · 2011
green “assumes that all factual allegations pleaded in the complaint are true, accepts as true all reasonable inferences that may be derived from plaintiff's pleadings, and assumes that all contravening assertions in defendant's pleadings are false.” 13
3 Bressler v. Keller
vt · 1981
green “for the purposes of the motion all well pleaded factual allegations in the nonmovant's pleadings and all reasonable inferences that can be drawn therefrom are assumed to be true and all contravening assertions in the movant's pleadings are taken to be false.” 6
4 Roger Rodrigue & Tealla Rodrigue v. Vincent Illuzzi
vt · 2022
green “conclusory allegations or legal conclusions masquerading as factual conclusions.” 6
5 Thayer v. Herdt
vt · 1990
green “a plaintiff's pleadings contain allegations that, if proved, would permit recovery, a defendant may not secure a judgment on the pleadings.” 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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