Legal Memorandum: Dismissal of a Complaint in NC

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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