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All main topics / Law / Civil Law / Civil Procedure 1L
Mitchell v. A&K
Shot in the face, not on D's property but D knew of the danger.  Attny should have pleaded a new reading of the invitee protection rule saying this was the D's premises b/c D used it, but did not.  Should have amended complaint, but instead chose to appeal.  Used a legal conclusion in the complaint.

H - 12(b)(6) dismissal was proper
Tags: Pleading
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Flashcard info:
Author: stgillian
Main topic: Law
Topic: Civil Law
School / Univ.: Tulane
City: New Orleans, LA
Published: 02.03.2010




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