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9 Sep 2009, 5:00 am
Finally, this opinion demonstrates the tremendous, and seemingly inconsistent, discretion courts wield in deciding 12(b)(6) motions, especially when considered in conjunction with recent Ninth Circuit decisions in Moss (granting dismissal under Iqbal) and Padilla v. [read post]
19 Apr 2013, 5:00 am by Bexis
Oct. 30, 2009) (applying Iqbal“naked assertions devoid of further factual enhancement” standard in context of fraudulent joinder and denying remand); First Baptist Church v. [read post]
25 Aug 2006, 10:02 pm
I hope that takes us out of Kleindienst v. [read post]
5 Mar 2018, 11:57 pm by Lawrence B. Ebert
The Seventh Circuit reviews a district court’sdismissal for failure to state a claim under Rule 12(b)(6)de novo, and the district court’s decision to dismiss withprejudice under Rule 12(b)(6) for abuse of discretion.Manistee Apartments, LLC v. [read post]