The following excerpt is from Trautenberg v. Paul, Weiss, Rifkind, Wharton & Garrison L.L.P., No. 08-2010-cv (2nd Cir. 10/13/2009), No. 08-2010-cv. (2nd Cir. 2009):
"To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to `state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, ___ U.S. ___, 129 S.Ct. 1937, 1950 (2009)(internal citation omitted). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. The plausibility standard is not akin to a `probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully." Id. (internal citation omitted).
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