How does a motion to dismiss for failure to state a claim survive?
MultiRegion, United States of America
The following excerpt is from A.A. v. Raymond, No. 2:13-cv-01167-KJM-EFB (E.D. Cal. 2013):
survive a motion to dismiss for failure to state a claim is a "context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Id. at 679. Ultimately, the inquiry focuses on the interplay between the factual allegations of the complaint and the dispositive issues of law in the action. See Hishon v. King & Spalding, 467 U.S. 69, 73 (1984).
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