Blue v. Bhiro

Summary

The court held that the trial court did not convert defendants' Rule 12(b)(6) motion into a Rule 56 motion because it considered only the complaint, pleadings, legal memoranda, and counsel's arguments, none of which constituted evidentiary material outside the pleading. The court therefore reversed the Court of Appeals and remanded for consideration of plaintiff's unresolved arguments concerning dismissal and leave to amend. The court did not decide whether the claims were barred by the statute of limitations or repose.