Motion to Dismiss Standard of Review Massachusetts
In reviewing a motion to dismiss under Mass. R. Civ. P. 12 (b) (6), this court must accept as true the allegations of the complaint and all reasonable inferences which may be drawn from it. See C.M. v. P.R., 420 Mass. 220, 221, 649 N.E.2d 154 (1995).
for the reasons set out below, this court holds Plaintiffs' derivative suit against the Trustees must be dismissed, but their claim against the Bards survives at this very preliminary stage.
Although several affidavits were submitted in connection with Plaintiffs' motion for injunctive relief which put in issue many of the material facts alleged by Plaintiffs, this court is bound by the standard of review applicable to motions to dismiss under Mass. R. Civ. P. 12 (b) (6), and must take as true the allegations in the Complaint.
Taking these allegations as true does not disrupt this court's analysis of Defendants' motion to dismiss under Mass. R. Civ. P. 12 (b) (1), which does not require the same deference to Plaintiffs' Complaint.