When will a plaintiff have to present his claims to the courts in a context in which they would be considered on the merits of the claim?

MultiRegion, United States of America

The following excerpt is from Throop v. Diaz, CASE NO. 12cv1870-LAB (NLS) (S.D. Cal. 2015):

Throop was also required to present his claims to the state courts in a context in which the claims would be considered on the merits. Castille v. Peoples, 489 U.S. 346, 351-52 (1989). Presenting them in some other context does not exhaust them.

Other Questions


When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (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 court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
Before the court examines the merits of First Amendment claim, will the court consider whether this claim is ripe? (MultiRegion, United States of America)
If plaintiff files an amended complaint in this court despite the court's indication that it would likely be subject to dismissal, can the court refer to a prior pleading? (MultiRegion, United States of America)
If Plaintiff fails to replead any of her claims, if the Plaintiff does not replead all of her actions, will the Plaintiff's claims be waived? (MultiRegion, United States of America)
If a plaintiff loses a claim against the municipality on the merits of their constitutional claim, can the municipality still be liable? (MultiRegion, United States of America)
When a litigant claims that a lower court has taken action beyond its jurisdiction, does the court have power to require the lower court to set matters right? (MultiRegion, United States of America)
In what circumstances will the Court consider the merits of a hostile work environment claim? (MultiRegion, United States of America)
In what circumstances will the US Supreme Court consider whether the Chief Justice of the United States Supreme Court has any authority or authority to issue an opinion in the context of judicial review? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.