Formulaic recitation of claims is insufficient to defeat dismissal motion under 12(b) (6).
LG Electronics U.S.A., Inc., et al., v. Whirlpool Corporation, C.A. No. 08-234-GMS, November 9, 2009.
Sleet, C. J. Court grants motion to dismiss certain counts alleged in Second Amended Complaint for failure to state a claim pursuant to 12(b)(6).
Plaintiff filed Second Amended Complaint to allege claims under the Lanham Act and Delaware’s Deceptive Trade Practices Act. Defendant moves to dismiss those claims under 12(b)(6). Citing Bell Atl. Corp. v. Twombly, the Court finds the allegations supporting the claims to be formulaic and deficient in detail. The claims are, therefore, dismissed.
