What is the test for a motion to dismiss for failure to state a claim?
MultiRegion, United States of America
The following excerpt is from Oorah, Inc. v. Kane Kessler, P.C., 18-2803-cv (2nd Cir. 2019):
"We review de novo the grant of a Rule 12(b)(6) motion to dismiss for failure to state a claim, accepting all factual allegations as true and drawing all reasonable inferences in favor of the plaintiff." Dettelis v. Sharbaugh, 919 F.3d 161, 163 (2d Cir. 2019) (internal quotation marks omitted).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will a motion to dismiss be dismissed because the motion fails to state a claim? (MultiRegion, United States of America)
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (MultiRegion, United States of America)
What is the test for a motion to intervene in a motion of dismissal for failure to state a claim de novo? (MultiRegion, United States of America)
What are the legal requirements for a pro se pleading in a motion to dismiss a motion for failure to state a claim? (MultiRegion, United States of America)
When will a motion to dismiss a claim for failure to state a cause of action be dismissed? ("New York", United States of America)
Is a federal claim enforceable if the trial court dismissed the motion for failure to state the claim? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss for failure to state a claim? (MultiRegion, United States of America)
Is Dismissal appropriate for a motion to dismiss an action where the claim alleges that the claim is invalid? (MultiRegion, United States of America)
Can a federal court dismiss a motion for failure to state a claim de novo? (MultiRegion, United States of America)
What is the test for a motion to dismiss for failure to state a claim? (MultiRegion, United States of America)
