Coakley & Williams, Inc. v. Shatterproof Glass Corp.

MURNAGHAN, Circuit Judge:

The strategy of experienced trial lawyers is to avoid, in all but the clearest case, a defense on the basis of a Federal Rules of Civil Procedure 12(b)(6) motion contending that there has been a “failure to state a claim upon which relief can be granted.” At so early a stage, all factual inferences must be made in favor of the plaintiff;1 the facts must be viewed as the plaintiff most strongly can plead them.2

Hence, the issues presented to the district court, the foundation underlying much of the law which may govern at subsequent stages of the case, will be addressed…