context: A motion for failure to state a claim may be granted if a party fails to plead a claim that is cognizable under state law.
citation_a.signal: see also
citation_a.identifier: 304 F.Supp.2d 1313, 1328, n. 15
citation_a.parenthetical: "The Court finds that the assessment of the merits of Plaintiffs' legal theory in this case can adequately be assessed without factual development, and consequently, dismissal of this action for Plaintiffs' failure to state a claim should not be rejected simply because Plaintiffs' theories are novel"
citation_a.sentence: See Lieberman v. A &W Rests., Inc., 2003 WL 21252008, at *7 (D.Minn. May 28, 2003) (dismissing claim when, to accept it “would be to recognize a new cause of action[.]”); see also Kuhn v. Thompson, 304 F.Supp.2d 1313, 1328, n. 15 (M.D.Ala.2004) (“The Court finds that the assessment of the merits of Plaintiffs’ legal theory in this case can adequately be assessed without factual development, and consequently, dismissal of this action for Plaintiffs’ failure to state a claim should not be rejected simply because Plaintiffs’ theories are novel”).
citation_b.signal: see
citation_b.identifier: 2003 WL 21252008, at *7
citation_b.parenthetical: dismissing claim when, to accept it "would be to recognize a new cause of action[.]"
citation_b.sentence: See Lieberman v. A &W Rests., Inc., 2003 WL 21252008, at *7 (D.Minn. May 28, 2003) (dismissing claim when, to accept it “would be to recognize a new cause of action[.]”); see also Kuhn v. Thompson, 304 F.Supp.2d 1313, 1328, n. 15 (M.D.Ala.2004) (“The Court finds that the assessment of the merits of Plaintiffs’ legal theory in this case can adequately be assessed without factual development, and consequently, dismissal of this action for Plaintiffs’ failure to state a claim should not be rejected simply because Plaintiffs’ theories are novel”).