What is the standard for determining whether a complaint states a plausible claim for relief?
MultiRegion, United States of America
The following excerpt is from Myers v. Casian, Case No.: 14-cv-02255-WQH-JLB (S.D. Cal. 2015):
"Determining whether a complaint states a plausible claim for relief [is] . . . a context-specific task that requires the reviewing court to draw on its judicial experience and common sense." Id. at 679. The "mere possibility of misconduct" falls short of meeting this plausibility standard. Id.; see also Moss v. U.S. Secret Service, 572 F.3d 962, 971 (9th Cir. 2009). The court does not look at whether the plaintiff will "ultimately
Page 6
"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
What is the test for determining whether a complaint states a plausible claim for relief? (MultiRegion, United States of America)
What is the test for determining whether a complaint states a claim on which relief may be granted? (MultiRegion, United States of America)
What is the test for determining whether a claim of misconduct is a plausible claim for relief? (MultiRegion, United States of America)
What is the test to determine whether a complaint states a claim on which relief may be granted? (MultiRegion, United States of America)
What is the test for determining whether a complaint will survive a motion to dismiss for failure to state a claim? (MultiRegion, United States of America)
What is the test for whether a complaint states a claim on which relief may be granted? (MultiRegion, United States of America)
What is the test for determining whether a state or federal court is bound by law to uphold a claim that the facts of the claim were wrong? (MultiRegion, United States of America)
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)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
What is the test for determining whether a party’s intention is a determining factor in determining whether there is a contract for services? (Canada (Federal), Canada)
