Epstein Secrets

, 127 S.Ct. at 1965). As jurisdiction is based on diversity, it is well settled that this Court is to apply Florida substantive law in this action. Erie R.Co. v. Tompkins 58 S.Ct. 817 (1938). On its face, Count I completely fails to allege either the necessary elements of any cause of action or the neces

as a factual allegation"). Factual allegations must be enough to raise a right to relief above the speculative level, see 5 C. Wright & A. Miller, Federal Practice and Procedure § 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) ("[T]he pleading must contain something more ... than ... a statement

s failed to state a claim upon which relief can be granted. It is well settled that this Court is to apply Florida substantive law in this action. Erie R.Co. I. Tompkins, 58 S.Ct. 817 (1938). Pursuant to Florida law, although the term "assault and battery" is most commonly referred to as if it were a leg

s a factual allegation"). Factual allegations st be enough to raise a right to relief If above the speculative level, see 5 . Wright & A. Miller, Federal Practice and Procedure § 1216, pp. 235-236 d ed.2004) (hereinafter Wright & Miller) ("[T]he pleading must contain something more ... than ... a statement o

, 127 S.Ct. at 1965). As jurisdiction is based on diversity, it is well settled that this Court is to apply Florida substantive law in this action. Erie R.Co. v. Tompkins, 58 S.Ct. 817 (1938). On its face, Count I completely fails to allege either the necessary elements of any cause of action or the nece

s a factual allegation"). Factual allegations 11211st be enough to raise a right to relief above the speculative level, see 51. Wright & A. Miller, Federal Practice and Procedure 4 1216, pp. 235-236 (3d ed.2004) (hereinafter Wright & Miller) ("[T]he pleading must contain something more ... than ... a statement

s failed to state a claim upon which relief can be granted. It is well settled that this Court is to apply Florida substantive law in this action. Erie R.Co. I. Tompkins, 58 S.Ct. 817 (1938). Pursuant to Florida law, although the term "assault and battery" is most commonly referred to as if it were a leg

d as a factual allegation"). Factual allegations naist be enough to raise a right to relief above the speculative level, see 5 Wright & A. Miller, Federal Practice and EFTA00175635 Case 9:08-cv-i„ .19-KAM Docuri, 146 Enterer, ...i FLSD Docket 10i„,2008 Page 4 of 10 Case No. CV-80119-Marra-Johnson Page No