Unformatted text preview: granted,” assuming all elements are met. Rational: The Circuit court states that the trial court used the wrong test for motion to dismiss. The real test is if the claim was stated well enough that a relief can be granted. But the trial court used “to state facts sufficient to constitute a cause of action” raising the bar higher then it’s suppose to. Holding: The trial was reversed and remanded, so the man can go through the trial process. Synthesis: Dissent/Concurrences:...
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- Fall '11
- Pleading, Federal Rules of Civil Procedure, Cause of action, $110