Inside The 2nd Circ. Approach To Anderson News

Law360, New York (June 19, 2012, 3:31 PM EDT) -- Admonishing that motions to dismiss for failure to state a claim must be decided based on whether a plaintiff's complaint is plausible rather than how plausible it is, which was the district's view in granting a dismissal motion, the Second Circuit, in Anderson News LLC v. American Media Inc.,[1] declared improper the district court's denial of leave to file a proposed amended complaint and vacated the dismissal.

Prior to its bankruptcy, Anderson News was the second largest wholesaler of magazines to newsstands and bookstores in the...
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