How is a motion to dismiss considered in the context of sexual assault cases?
MultiRegion, United States of America
The following excerpt is from Travelers Cas. And Sur. Co. Of Am. v. Dunmore, NO. CIV. S-07-2493 LKK/DAD (E.D. Cal. 2010):
Twombly therefore prescribe a two step process for evaluation of motions to dismiss. The court first identifies the non-conclusory factual allegations, and the court then determines whether these allegations, taken as true and construed in the light most favorable to the plaintiff, "plausibly give rise to an entitlement to relief." Id.; Erickson v. Pardus, 551 U.S. 89 (2007).
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