Incorporating Docs By Reference: New 9th Circ. Law Is Flawed

By Brian Sutherland and James Martin (August 24, 2018, 1:29 PM EDT) -- A plaintiff files a complaint in federal court that cites or refers to documents — newspaper articles, blog posts, U.S. Securities and Exchange Commission filings, agency reports, press releases, and more — but does not attach any of these documents as exhibits to the filed complaint. If the defendant submits copies of the referenced documents with its motion to dismiss under Rule 12(b)(6), may the district court rely on those documents as a basis for dismissal without converting the motion to a motion for summary judgment?...

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