What is the test for dismissing a complaint for failure to state a claim de novo?
MultiRegion, United States of America
The following excerpt is from Emerick v. United Technologies Corp., 104 F.3d 353 (2nd Cir. 1996):
We review a district court's dismissal of a complaint for failure to state a claim de novo and will affirm only "if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief." Citibank v. K-H Corp., 968 F.2d 1489, 1494 (2d Cir.1992).
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