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Legal Memorandum: Grounds for Motion to Dismiss

Issue: What are the grounds for a motion to dismiss a complaint for ‘failure to state a claim upon which relief can be granted’?

Area of Law: Litigation & Procedure
Keywords: Motion to dismiss; Failure to state a claim
Jurisdiction: Federal, Virgin Islands
Cited Cases: None
Cited Statutes: Fed. R. Civ. P. 12(b)(6)
Date: 05/01/2007

The law is well settled that when a defendant moves to dismiss a complaint for “failure to state a claim upon which relief can be granted” under Fed. R. Civ. P. 12(b)(6), the court may dismiss only if “it appears beyond doubt that the plaintiff can prove no set of facts in support of her claim which would entitle her to relief.”  Bostic v. AT & T of the V.I., No. CIVA 01-226, CIVA 99-191 (D.V.I. Apr. 16, 2003).  When deciding a motion to dismiss, the question “is not whether the plaintiff will ultimately prevail, but whether the claimant is entitled to offer evidence to support her claims.”  Id.

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