Professional Documents
Culture Documents
Before
Thompson, Selya and Kayatta,
Circuit Judges.
August 3, 2016
Massachusetts
See Erie R.R.
Plaintiff-appellant Cook
with
advantageous
business
relations,
civil
action arise out of the activities of Gowrie, Barden & Brett, Inc.
(Gowrie), a competitor of Cook but not a party to this suit.
According to Cook's complaint, Gowrie's activities included hiring
away certain at-will Cook employees to staff a competing operation,
timing these hirings to optimize its gains and thus to inflict
maximum financial harm on Cook's business, and poaching Cook's
customers.
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Id.
time and again, that there are cases in which we ought not to write
at length, for doing so would achieve no other purpose than to
hear our own words resonate.
Zell (In re Brady-Zell), 756 F.3d 69, 71 (1st Cir. 2014); VargasRuiz v. Golden Arch Dev., Inc., 368 F.3d 1, 2 (1st Cir. 2004);
Lawton v. State Mut. Life Assur. Co. of Am., 101 F.3d 218, 220
(1st Cir. 1996); Holders Capital Corp. v. Cal. Union Ins. Co. (In
re San Juan Dupont Plaza Hotel Fire Litig.), 989 F.2d 36, 38 (1st
Cir. 1993).
Here,
the
district
court
has
accurately
taken
the
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Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 570 (2007)).
A.G.
legal
allegations
(which
need
not
be
credited)."
Morales-Cruz v. Univ. of P.R., 676 F.3d 220, 224 (1st Cir. 2012).
Second, we decide if the factual allegations are sufficient to
state a plausible claim against the defendant on some cognizable
theory.
2011).
In this instance, Cook's complaint is long on conclusory
legal allegations, but it is conspicuously short of the type of
factual allegations that are needed to state a plausible claim.
From
factual
standpoint,
it
paints
picture
of
Gowrie
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But competitive
Yet
engaged
in
any
tortious
or
otherwise
wrongful
acts
in
court below are unable to say that Cook has satisfied the
plausibility standard.
(1st Cir. 2010) (en banc) (explaining that "[i]f the factual
allegations in the complaint are too meager, vague, or conclusory
to
remove
the
possibility
of
relief
from
the
realm
of
mere
Affirmed.
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