The following excerpt is from Doe v. Merck & Co., 19-1052 (2nd Cir. 2020):
2. Although the district court relied on different grounds in dismissing Count One, we are free to affirm on any ground that has support in the record. See Wright v. Giuliani, 230 F.3d 543, 547 (2d Cir. 2000).
3. Although Plaintiffs allege some facts in their briefing on appeal, Plaintiffs failed to allege any of these facts in their complaint despite having filed three different complaints in this action. Plaintiffs "should not be able effectively to amend a complaint through any document short of an amended pleading." Grayson v. Mayview State Hosp., 293 F.3d 103, 109 n.9 (3d Cir. 2002).
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