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Issue: When should a federal district court in North Carolina dismiss a complaint for failure to state a claim?
| Area of Law: | Litigation & Procedure |
| Keywords: | Dismissal of a complaint; Failure to state a claim |
| Jurisdiction: | Federal, North Carolina |
| Cited Cases: | 882 F.2d 870; 671 F. Supp. 415 |
| Cited Statutes: | None |
| Date: | 04/01/2001 |
The law governing dismissal is well settled that the trial court should not dismiss a complaint for failure to state a claim unless it is beyond doubt that the plaintiff will be able to prove no set of facts in support of the claim that will entitle the plaintiff to relief. Beckham v. Grand Affair of N.C., Inc., 671 F. Supp. 415, 420 (W.D.N.C. 1987). Even conclusory allegations supported by pleaded facts are sufficient to support a motion to dismiss. Revene v. Charles County Comm’rs, 882 F.2d 870, 873 (4th Cir. 1989).
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