Epstein Secrets

] to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do, see Papasan v. Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986) (on a motion to dismiss, courts "are not bound to accept as true a legal conclusion couch

of 50 Case 9:08-cv-80811-KAM Document 47 Entered on FLSD Dock'e(03/12/2009 Page 4 of 21 C.M.A. v. Epstein, et al. Page 4 factual allegations"); Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a well-pleaded complaint may proceed even if it appears "that a recovery is very

] to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do, see Papasan v. Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986} (on a motion to dismiss, courts "are not bound to accept as true a legal conclusion couch

104 L.Ed.2d 338 (1989} (" Rule 12(b}(6} does not countenance . . . dismissals based on a judge's disbelief of a complaint's factual allegations"}; Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974} (a well-pleaded complaint may proceed even if it appears "that a recovery is very

of a cause of action will not do, see Papasan v. Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 2

isbelief of a complaint's factual allegations"); Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40

nt] to relief" requires more than labels and conclusions, and a formuiic recitation of the elements of a cause of action will not do, see Papasan . Allain, 478 U.S. 265, 286, 106 S.Ct. 2932, 92 L.Ed.2d 209 (1986) (on a motion to dismiss, courts "are not bound to accept as true a legal conclusion couch

104 L.Ed.2d 338 (1989) (" Rule 12(b)(6) does not I countenance ... dismissals b sed on a judge's disbelief of a complaint's factual allegations"). Scheuer . Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974) (a we -pleaded complaint may proceed even if it appears "that a recovery is very r