Legal Opinion
Giampietro v. Viator, Inc.
District Court, E.D. Pennsylvania
Decided September 30, 2015No. CIVIL ACTION NO. 15-3920PublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM
DALZELL, District Judge
I. Introduction
We consider here defendants’ motion to dismiss plaintiffs Megan and Samuel Giampietro’s complaint. The Giampietros are suing defendants Viator, Inc. and TripAdvisor LLC in connection with a scooter accident that happened while they were on vacation in Italy. The Giampietros oppose defendants’ motion. We have jurisdiction pursuant to 28 U.S.C. § 1332.
II. Standard of Review
A defendant moving to dismiss under Fed. R. Civ. P. 12(b)(6) bears the burden of proving that the plaintiff has failed to state a claim for relief. See Fed. R. Civ. P. 12(b)(6);…
2Cases cited17 opinions
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- Dean Hedges v. United States of America Environmental Moorings InternationalCourt of Appeals for the Third Circuit · 2005
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