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To survive a motion to dismiss, a complaint must plead enough facts to state a claim to relief that is plausible on its face. A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged. When determining whether a complaint states a claim, a court accepts as true all allegations in the complaint and draws all reasonable inferences in favor of the non-moving party. In addition to the complaint and any exhibits, the Court may also consider documents that are integral to the complaint, including contracts that form the basis for a plaintiff's claim.
Plaintiff and its American affiliate sold three machines to the defendant. The sale was under a contract that conditioned payment on plaintiff’s maintenance of two machines it sold under an earlier contract. Plaintiff alleged that defendant deliberately frustrated its efforts to maintain the old machines to avoid having to pay for the new ones. It alleged that in furtherance of that effort defendant hired an employee from plaintiff's supplier and stole its trade secrets. Defendant moved to dismiss.
Did plaintiff plausibly allege its breach of contract claim against the defendant?
The court denied defendant’s motion to dismiss for breach of contract claims. Plaintiff's breach of contract claim alleged defendant had not paid for its machines under a manufacture agreement. Plaintiff plausibly alleged defendant frustrated its performance under contract.