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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Patricia Kratz v. Boudreau & Associates, et al., 2017 DNH 153 (2017)

Citation
Patricia Kratz v. Boudreau & Associates, et al., 2017 DNH 153 (2017)
Parent Document
Patricia Kratz v. Boudreau & Associates, et al., 2017 DNH 153 (2017)
Jurisdiction
New Hampshire (state)
Effective Date
2017-08-22

Other Sections in This Document (345)

Full Text

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At the Fed. R. Civ. P. 12(b)(6) phase, courts are
       forgiving of claimants who struggle to demonstrate
       notice before engaging in discovery. [Thompson v.]
       Real Estate Mortg. Network, 748 F.3d [142,] 152-54
       [(3d Cir. 2014)] (notice is not a matter as to which
       claimant should be expected to come forward with
       detailed proof at [Fed. R. Civ. P. 12(b)(6)] stage”).
       Rather, the inquiry focuses on whether the buyer of
       the business knew or should have known of the pending
       litigation. [Thompson v.] Bruister & Assocs., [Inc.,
       No. 3:07-00412,] 2013 WL 1099796, at *7 [(M.D. Tenn.
       Mar. 15, 2013)]. A pleading establishing that the