In response to plaintiffs' allegations, Pfizer filed a motion to dismiss, pursuant to "Rule 12(b)(6) of the Federal Rules of Civil Procedure", alleging that the Plaintiffs' fail to plead a violation of the law of nations, because their actions did not fit the narrow exceptions when a private party will be held liable for the "law of nations". However, the court denied the motion to dismiss on the grounds, because the complaint sufficiently alleged that Pfizer had worked in concert with the Nigeria government, thereby Pfizer acted as a "de facto state actor".