The following excerpt is from Gelboim v. Bank of Am. Corp., 823 F.3d 759 (2nd Cir. 2016):
11 See Knevelbaard Dairies v. Kraft Foods, Inc., 232 F.3d 979, 989 (9th Cir.2000) ([T]hat argument merely denies that the plaintiffs were damaged in fact. It does not speak to the complaint, which alleges that the plaintiffs were damaged when the defendants fixed milk prices at artificially low levels and thereby caused plaintiffs to receive[ ] less for milk than they otherwise would have received in the absence of the defendants' unlawful conduct. These disputed claims of causation and injury cannot be decided on a Rule 12(b)(6) motion. (alteration in original) (internal quotation marks omitted)).
11 See Knevelbaard Dairies v. Kraft Foods, Inc., 232 F.3d 979, 989 (9th Cir.2000) ([T]hat argument merely denies that the plaintiffs were damaged in fact. It does not speak to the complaint, which alleges that the plaintiffs were damaged when the defendants fixed milk prices at artificially low levels and thereby caused plaintiffs to receive[ ] less for milk than they otherwise would have received in the absence of the defendants' unlawful conduct. These disputed claims of causation and injury cannot be decided on a Rule 12(b)(6) motion. (alteration in original) (internal quotation marks omitted)).
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