How do we review a de novo dismissal for failure to state a claim?

MultiRegion, United States of America

The following excerpt is from Rivas v. N.Y. State Lottery, 18-833-cv (2nd Cir. 2018):

We review de novo dismissals for failure to state a claim. Biro v. Cond Nast, 807 F.3d 541, 544 (2d Cir. 2015). In reviewing a dismissal for failure to state a claim, we accept all factual allegations as true and draw all inferences in the plaintiff's favor. Id.

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