What is the test for having a cause of action for failure to state a claim?
MultiRegion, United States of America
The following excerpt is from National Sur. Corp. v. Stargem Holland, B.V., 945 F.2d 409 (9th Cir. 1991):
1 Because the district court dismissed appellants' causes of action for failure to state a claim, the following facts are accepted as true. Love v. United States, 871 F.2d 1488, 1491 (9th Cir.1989).
"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
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 a federal habeas review of the claim? (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)
Can a defendant in a civil action be denied in forma pauperis status if he has previously had at least six prior actions dismissed as frivolous, malicious, or for failure to state a 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)
When will a motion to dismiss a claim for failure to state a cause of action be dismissed? ("New York", United States of America)
Can a state court deny jurisdiction in an action at law where the complaint is insufficient to state a cause of action? (MultiRegion, United States of America)
What is the test for dismissing a cause of action for failure to state a claim? (MultiRegion, United States of America)
Is a claim that the state court misapplied state law cognizable in a federal habeas action? (MultiRegion, United States of America)
Can a claim be struck against Her Majesty The Queen on the grounds that, as now pleaded, it discloses no cause of action and may prejudice or delay the fair trial of the action? (Canada (Federal), Canada)
Does plaintiff have been successful in bringing actions while in prison that were dismissed as frivolous, malicious or failure to state a claim? (MultiRegion, United States of America)
