In what circumstances will the court vacate in part the dismissal with prejudice for failure to state a cause of action under federal law or the NYSHRL?

MultiRegion, United States of America

The following excerpt is from Yu v. City of N.Y., 18-3838 (2nd Cir. 2020):

We also vacate in part the district court's dismissal with prejudice for failure to state a cause of action under federal law or the NYSHRL. Typically, a pro se plaintiff must be "grant[ed] leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated." Cuoco v. Moritsugu, 222 F.3d 99, 112 (2d Cir. 2000) (internal quotation marks and citation omitted). However, leave to amend need not be granted where amendment would be futile because the problems with the complaint's claims are substantive and not the result of inartful pleading. Id. The district court based its dismissal with prejudice on futility grounds.

Other Questions


When a federal court dismisses an action with prejudice, does the dismissal of the action by the federal district court result in a separate contract dispute arising from the settlement agreement? (MultiRegion, United States of America)
What is the effect of a federal action for non-federal action in which a plaintiff is seeking to force a federal judge to dismiss the federal action? (MultiRegion, United States of America)
In what circumstances will a federal district court order dismissing a complaint and action with prejudice be appealed before a federal appeals court? (MultiRegion, United States of America)
Does a federal district court have retained jurisdiction for a state cause of action for wrongful death when the federal cause was dismissed? (MultiRegion, United States of America)
Does a state court have the authority to interpret the findings of a federal court when determining whether a federal judge has found that a state judge has jurisdiction to interpret a federal finding? (MultiRegion, United States of America)
In what circumstances will a federal court dismiss an action for failure to state a claim? (MultiRegion, United States of America)
What is the test for a federal district court to determine whether a state court or federal court has jurisdiction to rule on a federal Railroad Commission case? (MultiRegion, United States of America)
In what circumstances will a federal court dismiss an action for failure to state a claim pursuant to Rule 12(b)(6)? (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)
Does a federal habeas court have to defer to a state court's construction of state law rather than federal law? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.