How is a dismissal for failure to state a claim reviewed de novo?
MultiRegion, United States of America
The following excerpt is from Howard v. America Online, 208 F.3d 741 (9th Cir. 2000):
"A dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6) is reviewed de novo . Review is limited to the contents of the complaint. All allegations of material fact are taken as true and construed in the light most favorable to the nonmoving party." Chang v. Chen, 80 F.3d 1293, 1296 (9th Cir. 1996) (internal citations omitted).
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