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Fourth District: Incorporation By Reference

By Matt Conigliaro, Esq.

Does referencing a document in a complaint allow a trial court to consider that document for purposes of a motion to dismiss if the document is not actually attached to the complaint as an exhibit? In federal court, the answer is usually yes. In this decision from the Fourth District, the answer was no. The case involved a false light claim and, by certified question, is now a tag-along to the

Full post as published by Abstract Appeal on August 11, 2008 (boomark / email).