Hellickson v. Jenkins’s Empirical Analysis

Citation profile

17 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 17 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he only facts which a court may properly consider on a motion to dismiss for failure to state a claim are those appearing in the complaint, supplemented by such facts as the court may properly judicially notice. Cohen v. United States, 129 F.2d 733 (8th Cir.1942). However, a trial court, in considering a Rule 12(b)(6) motion to dismiss, has no right to hear evidence; and since judicial notice is merely a substitute for the conventional method of taking evidence to establish facts, the court has no right to take judicial notice of anything, with the possible exception of facts of common knowledge which controvert averments of the complaint. See Grand Opera Co. v. Twentieth Century-Fox Film Corp., 235 F.2d 303 (7th Cir.1956); Sears, Roebuck & Co. v. [Metro.] Engravers, Ltd., 245 F.2d 67 (9th Cir.1956); Schwartz v. Commonwealth Land Title [Ins.] Co., 374 F.Supp. 564 (E.D.Pa.1974), supp. op. (E.D.Pa.) 384 F.Supp. 302 .”

   1 later decision quote this exact passage
   e.g. Taylor v. McNichols

2. “[i]f, on a motion asserting [12(b)(6)] to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one of summary judgment and disposed of as provided in Rule 56....”

   1 later decision quote this exact passage
   e.g. Thomson v. City of Lewiston