What is the test for dismissing a case under Rule 12(b)(6) for failure to state a claim?

MultiRegion, United States of America

The following excerpt is from Situated v. Humana Inc., 620 F.3d 1134 (9th Cir. 2010):

We review de novo the district court's dismissal of a case under Rule 12(b)(6) for failure to state a claim, Marder v. Lopez, 450 F.3d 445, 448 (9th Cir.2006), as well as the district court's determination that a federal statute preempts state

[620 F.3d 1140]

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