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As issues like health care, climate change and immigration have become more urgent, Americans seem less willing to dismiss failures of government and political polarization as business as usual.
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If you can dismiss failure and be in control of success like that, it's a lovely trait to have".
When we dismiss the failures of market capitalism as accidental mishaps, we end up in a naive "progress-ism" that sees the solution as a more "authentic" and pure application of a notion, and thus tries to put out the fire by pouring oil on it.
It seems we will never learn that there is no such thing as the "right" amount or type of sex, that we will never manage to dismiss our failures to achieve the beauty standards of the day, or to avoid misbegotten marriages or to crack the problem of miscommunication between the sexes.
A man is apt to dismiss his failures as bad luck and credit his successes to his talent.
The five named defendants joined in a motion to dismiss for failure to state a claim.
In considering a motion to dismiss for failure to state a claim for which relief can be granted, the allegations in the complaint are to be liberally construed.
Plaintiff recipients in both cases alleged a cause of action under § 1983, and in each case the District Court refused the state officials' motion to dismiss for failure to state a claim upon which relief could be granted.
Even where a shareholder plaintiff has survived a motion to dismiss for failure to make pre-suit demand by showing reasonable doubt concerning the disinterest or independence of a majority of board members, that board can properly delegate its authority concerning litigation decisions on behalf of the corporation to an SLC consisting of disinterested and independent directors.
When considering a motion to dismiss for failure to state a claim under Rule 12(b)(6), the Court is required to accept as true all well-pleaded factual allegations in the complaint and make all reasonable inferences that logically flow from the face of the complaint in the plaintiff's favor.
If the independence of these two directors had been challenged on a motion to dismiss for failure to make pre-suit demand, where they would be presumed independent and plaintiffs would have the burden of alleging particularized facts raising reasonable doubt concerning their independence, under Beam v. Stewart and similar cases, the plaintiffs would likely be out of court.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com