Epstein Secrets

0232-Marra-Johnson Page No. 9 FLSD Docket 10/C )8 Page 9 of 10 Conclusion As discussed above herein, under the pleading standard established in Twombly, supra, and law concerning the elements of Count I and III, Plaintiff has failed to state claims upon which relief can be granted. Rule 12(b)(6). Pl

favorable to the plaintiff. DeKalb Count Sch. Dist. 446 F.3d 1153, 1156 (11th Cir.2006). Significantly, the Supreme Court in Bell Atlantic Corp.,. Twombly abrogated the often cited observation that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that th

ginning of an act which, if consummated, constitutes battery." 3A Fla.Jur.2d Assault §1. An assault and battery are intentional acts. See generally, Spivey. Battaglia 258 So.2d 815 (Fla. 1972); and Travelers Indem. Co... PCR, Inc., 889 So.2d 779 (Fla. 2004). An "assault" is an intentional, unlawful of

liction of a harmful or offensive contact upon the person of another''). See 3A Fla.Jur.2d Assault §1. With the standard of pleading established in Twombly, supra, in the context of the elements for assault and battery, Plaintiff has failed to state a claim upon which relief can be granted. Rule 12(b)(

ginning of an act which, if consummated, constitutes battery." 3A Fla.Jur.2d Assault §1. An assault and battery are intentional acts. See generally, Spivey v. Battaglia, 258 So.2d 815 (Fla. 1972}; and Travelers lndem. Co. v. PCR. Inc., 889 So.2d 779 (Fla. 2004). An "assault" is an intentional, unlawfu

§1. With the standard of pleading established in Twombly, supra, in the context of the elements for assau

and battery are intentional acts. See generally, Spivey v. Battaglia, 258 So.2d 815 (Fla. 1972); and Tra