What is the test for a motion to dismiss a claim for wrongful death?
MultiRegion, United States of America
The following excerpt is from Carson v. Bank of Am., N.A., No. 2:12-cv-01487-MCE-CMK (E.D. Cal. 2012):
If the "plaintiffs . . . have not nudged their claims across the line from conceivable to plausible, their complaint must be dismissed." Id. However, "a well-pleaded complaint may proceed even if it strikes a savvy judge that actual proof of those facts is improbable, and 'that a recovery is very remote and unlikely.'" Id. at 556 (quoting Scheuer v. Rhodes, 416 U.S. 232, 236 (1974)).
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