Amy Harrison v. Kevin Lilly, et al.

It is well settled law that a motion to dismiss under FRCP 12(b)(6) is appropriate only if the plaintiff has not provided fair notice of its claim and factual allegations that–when accepted as true–are plausible and rise above mere speculation. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-56 (2007). See generally 5B Wright & Miller, Federal Practice & Procedure 3d §§1356-1357 (2004 & Supp.2015) (discussing purpose of and practice under FRCP 12(b)(6)). Generally, motions to dismiss for failure to state a claim are viewed with disfavor. Therefore the question presented is whether the District Court and the Court of Appeals failed to follow this well settled standard and dismissed this case in the pleadings stage when it should have been allowed to proceed.