Law360, New York (June 19, 2012, 3:31 PM ET) -- 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...
Inside The 2nd Circ. Approach To Anderson News
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