What is the test for a motion to dismiss a complaint for failure to state a claim pursuant to FRCP 12(b)(6)?

MultiRegion, United States of America

The following excerpt is from Vedder Software Grp. Ltd. v. Ins. Servs. Office, Inc., 13-1267 (2nd Cir. 2013):

"We review de novo a district court's decision to dismiss a complaint for failure to state a claim pursuant to FRCP 12(b)(6). We must accept all well-pleaded facts as true and consider those facts in the light most favorable to the plaintiff." Patane v. Clark, 508 F.3d 106, 111 (2d Cir. 2007) (internal citations omitted). To survive a motion to dismiss, "a complaint must contain sufficient factual

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matter, accepted as true, to state a claim to relief that is plausible on its face." Absolute Activist Value Master Fund Ltd. v. Ficeto, 677 F.3d 60, 65 (2d Cir. 2012) (quoting Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)).

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