How do we review a dismissal for failure to state a claim?
MultiRegion, United States of America
The following excerpt is from Weisshaus v. Port Auth. of N.Y. & N.J., 19-161-cv (2nd Cir. 2020):
We review de novo a district court's dismissal for failure to state a claim. Smith v. Hogan, 794 F.3d 249, 253 (2d Cir. 2015). While we ordinarily "review denial of leave to amend under an abuse of discretion standard, when the denial of leave to amend is based on a legal interpretation, such as a determination that amendment would be futile, a reviewing court conducts a de novo review." Id. (internal quotation marks and alterations omitted) (italics added).
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