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 Paterno v. City of N.Y., No. 18-2572-cv (2nd Cir. 2019):

We review de novo a district court's grant of a motion to dismiss for failure to state a claim. Vangorden v. Second Round, Ltd. P'ship, 897 F.3d 433, 437 (2d Cir. 2018). To survive a motion to dismiss, a complaint must allege facts sufficient "to

Page 3

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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.