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Legal Memorandum: Motion for Judgment on the Pleadings in VI

Issue: Under the laws of the Virgin Islands, what is the standard governing a motion for judgment on the pleadings under Rule 12(c)?

Area of Law: Litigation & Procedure
Keywords: Motion for judgment on the pleadings; Motions to dismiss; Notice pleading
Jurisdiction: Virgin Islands
Cited Cases: 370 F.2d 795; 620 F.2d 29
Cited Statutes: Fed. R. Civ. P. 12(b)(6), Rule 12(c)
Date: 11/01/2008

In considering a motion for judgment on the pleadings, the court is to apply the same standard applicable under Rule 12(b)(6) for determining motions to dismiss for failure to state a claim.   Turbe v. Gov’t. of V.I., 938 F.2d 427, 428 (3d Cir. 1991).  On a Fed. R. Civ. P. 12(b)(6) motion to dismiss for failure to state a claim the burden is on the defendant, the moving party, to show it is entitled to dismissal. Johnsrud v. Carter, 620 F.2d 29, 32-33 (3d Cir. 1980).  Whether or not the plaintiff is likely to prevail in the end is not the issue; rather, once a claim has been stated adequately, it may be supported by showing any set of facts consistent with the allegations.  Bell Atl. Corp. v. Twombly 127 S. Ct. 1955, 1969 (2007).  Indeed, at the pleading stage, there is no requirement that the alleged facts even be probable; instead, “a well-pleaded complaint may proceed even if it strikes a savvy judge that actual proof of those facts is improbable, and that a recovery is very remote and unlikely.”  Id. at 1965.

Notice pleading is all that is required under Rule 8(a) to withstand a motion to dismiss under Rule 12(b)(6).  Weston v. Pa., 251 F.3d 420, 429 (3d Cir. 2001).  Thus, a plaintiff “need not plead law or match facts to every element of a legal theory.”  Id. at 429.  Indeed, a plaintiff “need not allege all the facts necessary to […]

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