What is the legal test for dismissal of a complaint for failure to state a claim?
MultiRegion, United States of America
The following excerpt is from Al-Qadaffi v. Servs. for the Underserved, 15-815 (2nd Cir. 2016):
We review de novo a district court's dismissal of a complaint for failure to state a claim, accepting all factual allegations as true and drawing all reasonable inferences in favor of the plaintiff. Ahlers v. Rabinowitz, 684 F.3d 53, 60 (2d Cir. 2012). A complaint filed pro se is liberally construed and held to a less stringent pleading standard than one filed by counsel. Id.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
How does a motion to dismiss for failure to state a claim test the legal sufficiency of the complaint? (MultiRegion, United States of America)
Does a motion to dismiss for failure to state a claim challenge the legal sufficiency of the complaint? (MultiRegion, United States of America)
When a court dismisses a complaint on the grounds that it fails to state a claim, and then grants leave to amend the complaint, does this constitute a strike? (MultiRegion, United States of America)
What is the legal basis for dismissal for failure to state a claim? (MultiRegion, United States of America)
What is the test for a motion to dismiss a complaint for failure to state a claim pursuant to FRCP 12(b)(6)? (MultiRegion, United States of America)
What is the test for a de novo review to a dismissal of a complaint for failure to state a claim? (MultiRegion, United States of America)
What is the test for dismissing a complaint for failure to state a claim de novo? (MultiRegion, United States of America)
What is the test for dismissing a complaint for failure to state a claim de novo? (MultiRegion, United States of America)
What is the test for dismissing a complaint for failure to state a claim? (MultiRegion, United States of America)
