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Motion to dismiss for failure to state a claim

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Definition Edit

When deciding a motion to dismiss for failure to state a claim, a court must accept as true all well-pleaded facts and draw all permissible inferences in the plaintiff's favor. There is a strong presumption against dismissal for failure to state a claim under Rule 12(b)(6).[1]

Overview Edit

While a complaint "does not need detailed factual allegations, a plaintiff's obligation to provide the 'grounds' of his 'entitlement to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do."[2] "Factual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact)."[3]

A claim must be dismissed if the complaint does not contain enough facts to make the claim “plausible on its face.” [4] A claim is plausible on its face if the complaint contains sufficient facts for a court to draw an inference that the defendant is liable for the alleged misconduct.[5]

References Edit

  1. See Cottrell, Ltd. v. Biotrol Int'l, Inc., 191 F.3d 1248, 1251 (10th Cir. 1999) (full-text).
  2. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (full-text).
  3. Id.
  4. Id. at 570.
  5. See Ashcroft v. Iqbal, 556 U.S. 662 (2009) (full-text).

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