Tag Archives: Fed. R. Civ. P 12(b)(6)

Attachment or Reference to an Exhibit in a Complaint Does Not Automatically Mean That a District Court May Consider It on a Rule 12(b)(6) Motion, Holds Second Circuit

In Pearson v. Gesner, No. 22-1227 (2d Cir. Jan. 13, 2025), the Second Circuit vacates and remands case where the district court erroneously considered materials outside the complaint. Even where a document is relied upon or cited in a complaint, the panel holds, it may not be appropriate in context to consider its contents. PlaintiffContinue reading “Attachment or Reference to an Exhibit in a Complaint Does Not Automatically Mean That a District Court May Consider It on a Rule 12(b)(6) Motion, Holds Second Circuit”

Sixth Circuit Holds That “Legitimate Questions” About Content of Legal Instruments Attached to Defendant’s Motion Precludes Dismissal Under Fed. R. Civ. P. 12(b)(6)

In Moyer v. GEICO, No. 23-4015 (6th Cir. Aug. 26, 2024), the Sixth Circuit reverses dismissal of an ERISA case when the plaintiff raised “legitimate questions” about the completeness of the plan documents attached to defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss. “Cases often depend on the contents of legal instruments, such asContinue reading “Sixth Circuit Holds That “Legitimate Questions” About Content of Legal Instruments Attached to Defendant’s Motion Precludes Dismissal Under Fed. R. Civ. P. 12(b)(6)”

District Court Erred by Deciding Motion to Dismiss on Letter Submissions Without Warning to Parties, Second Circuit Holds

In Int’l Code Council v. UpCodes, No. 21-826 (2d Cir. July 29, 2022), a Second Circuit panel criticizes the practice of a district court judge who rules on dispositive motions based on cross-letter submissions by the parties. “International Code Council, Inc. (‘ICC’), a nonprofit organization that develops model building codes and standards, sued a for-profitContinue reading “District Court Erred by Deciding Motion to Dismiss on Letter Submissions Without Warning to Parties, Second Circuit Holds”