Lee v. City of L.A.
250 F.3d 668 (9th Cir. 2001) Cited 10,578 times 5 Legal AnalysesHolding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"
In re Burlington Coat Factory
114 F.3d 1410 (3d Cir. 1997) Cited 7,650 times 4 Legal AnalysesHolding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss
Pension Benefit Guaranty Corp. v. White Consolidated Industries, Inc.
998 F.2d 1192 (3d Cir. 1993) Cited 6,175 timesHolding that, when reviewing a motion to dismiss, courts consider "allegations contained in the complaint, exhibits attached to the complaint and matters of public record"
DiFolco v. MSNBC Cable L.L.C.
622 F.3d 104 (2d Cir. 2010) Cited 2,379 timesHolding that "[i]n considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b), a district court may consider . . . documents incorporated by reference in the complaint" and any document "where the complaint relies heavily upon its terms and effect, thereby rendering the document integral to the complaint"
Mayer v. Belichick
605 F.3d 223 (3d Cir. 2010) Cited 2,311 times 1 Legal AnalysesHolding we must only consider documents if complainant's claims are based upon these documents
Schmidt v. Skolas
770 F.3d 241 (3d Cir. 2014) Cited 1,207 timesHolding that courts may take judicial notice of SEC filings that are matters of public record
Glob. Network Commc'ns v. City of N.Y
458 F.3d 150 (2d Cir. 2006) Cited 1,295 timesHolding that courts may consider extrinsic documents when deciding a motion to dismiss where “the incorporated material is a contract or other legal document containing obligations upon which the plaintiff's complaint stands or falls, but which for some reason-usually because the document, read in its entirety would undermine the legitimacy of the plaintiff's claim-was not attached to the complaint”
Victaulic v. Tieman
499 F.3d 227 (3d Cir. 2007) Cited 1,049 times 2 Legal AnalysesHolding that "[u]nder Pennsylvania law, mandating compliance with a covenant not to compete is disfavored" unless "the covenant is 'incident to an employment relationship between the parties; the restrictions imposed by the covenant are reasonably necessary for the protection of the employer; and the restrictions imposed are reasonably limited in duration and geographic extent.'"
Fonte v. Bd. of Mgers. of Cont. Towers Condo
848 F.2d 24 (2d Cir. 1988) Cited 378 timesHolding that a district court may convert a FRCP 12(b) motion to one for summary judgment as long as all parties are granted an opportunity to submit supporting material
Zuk v. E. Pa. Psychiatric Inst.
103 F.3d 294 (3d Cir. 1996) Cited 184 timesHolding that § 1927 award is unavailable for failing to adequately investigate the facts and law prior to filing a complaint
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 345,885 times 922 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,736 times 158 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit