DRAFT FOR ATTORNEY REVIEW — NOT FINAL

§ 290

Citation
§ 290
Parent Document
Francis v. Kings Park Manor, Inc., 992 F.3d 67 (2021)
Effective Date
2021-03-25
Original Source
https://www.courtlistener.com/opinion/4867798/francis-v-kings-park-manor-inc/ ↗

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634 chars 
23  Judge Lohier takes issue with our acknowledgement that Francis’s
Complaint alleged some information, but not enough to transform his claim from
conceivable to plausible. Lohier Dissent at 17-18. But this is exactly what Twombly
and its progeny require us to do. See Vega v. Hempstead Union Free Sch. Dist., 801
F.3d 72, 87 (2d Cir. 2015) (“On a motion to dismiss, the question is . . . whether
plaintiffs allege enough to ‘nudge[] their claims across the line from conceivable to
plausible.’” (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007))).
       24   Francis I, 944 F.3d at 384 (Livingston, J., dissenting).