Commercial Litigation and Arbitration

Contents of Website Incorporated by Reference in Complaint May Be Considered on Motion to Dismiss — Case Law Split

Mophie, Inc. v. Shah, 2014 U.S. Dist. LEXIS 185203 (C.D. Cal. July 24, 2014):

2   The Court considers this evidence of the Living Social policy on its website because the TAC relies on LivingSocial's website (TAC ¶ 38, Exh. 21; ¶ 41, Exh. 23 (LivingSocial's terms and conditions from its website) and the authenticity of its contents is not disputed. See United States v. Ritchie, 342 F.3d 903, 908 (9th Cir. 2003) (court may consider documents incorporated by reference to the complaint); Atl. Recording Corp. v. Project Playlist, Inc., 603 F. Supp. 2d 690, 694 (S.D.N.Y. 2009) ("Because the Website is incorporated by reference into the Complaint, the Court may consider it on a motion to dismiss.").

[Note:  Compare the case excerpted in our post of January 15, 2016 (Because a Website Is a Dynamic Collection of Changing Data, Reference to It in Complaint Does Not Incorporate Any Specific Page as of Any Specific Date)]


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