Friday, April 24, 2009

Eleventh Circuit (Once Again) Finds It Proper to Review Attachments on Motion to Dismiss

In an unpublished opinion released by the Eleventh Circuit today, G&G TIC LLC v. Alabama Controls Inc. (08-15783), the court again holds that (among other things):

1.) The district courts can review attachments to a complaint when ruling on a motion to dismiss; and

2.) The district court need not grant leave to amend if an amendment would be futile.


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