Foman v. Davis
371 U.S. 178 (1962) Cited 28,567 times 4 Legal AnalysesHolding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Alvin v. Suzuki
227 F.3d 107 (3d Cir. 2000) Cited 1,379 timesHolding "amendment is futile if the amended complaint would not survive a motion to dismiss for failure to state a claim upon which relief could be granted"
Centifanti v. Nix
865 F.2d 1422 (3d Cir. 1989) Cited 237 timesHolding that a plaintiff's suit in federal court, which sought an injunction against future denials of petitions for readmission to the Pennsylvania bar without certain procedural safeguards, was not barred by Rooker-Feldman because it sought only prospective relief and thus would not prevent the enforcement of the Pennsylvania Supreme Court's order denying the plaintiff's petition for readmission
Davis v. Holder
994 F. Supp. 2d 719 (W.D. Pa. 2014) Cited 23 timesDismissing with prejudice where "Davis has not filed a proposed amendment with the Court nor has he explained how he would amend Count Three of the complaint to allege state action."
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 344,948 times 920 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss