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Case Study: Ashcroft V. 556 US

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Allen’s complaint was probably sufficiently pled to survive a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, which dismisses complaints that fail to state a claim upon which relief can be granted. To decide this, the court will probably look at whether the nonconclusory allegations contain facts that if true, would plausible entitle Allen to relief under strict liability rather than negligence because Minkah’s explosives suggest an abnormally dangerous activity. To be sufficiently pled for strict liability, the nonconclusory facts in the complaint must not only allege damages but must plausibly show Minkah’s activity was abnormally dangerous by satisfying six elements: great risk of harm, risk of great harm, unpreventable risk, uncommon activity, inappropriate location and community value disproportionate to the risks. Ashcroft v. Iqbal, 556 U.S. 662 (2009). Indiana Harbor Belt R. Co. v. American Cyanamid Co., 916 F.2d 1174 (1990). …show more content…

These are like the conclusory statements in Ashcroft because there, the claimant accused Ashcroft and Mueller of designing a discriminatory policy but lacked relevant facts while here, Allen provides only “threadbare recitals of the elements of a cause of action.” Without supporting facts, the court will likely conclude these statements are not entitled to the assumption of

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