The following excerpt is from Arditi v. Lighthouse Int'l, 162 Lab.Cas. P 10447, 52 Employee Benefits Cas. 1481, 676 F.3d 294 (2nd Cir. 2012):
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. 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. Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (internal quotation marks and citations omitted).
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