Can a federal court dismiss a motion for failure to state a claim de novo?
MultiRegion, United States of America
The following excerpt is from Javed v. Medgar Evers Coll. of the City Univ. of N.Y., 17-3461-cv (2nd Cir. 2018):
We review a district court's dismissal for failure to state a claim de novo. See Littlejohn v. City of New York, 795 F.3d 297, 306 (2d Cir. 2015). "On a motion to dismiss, all factual allegations in the complaint are accepted as true and all inferences are drawn in the plaintiff's favor." Id.
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