What is the standard for dismissing an action for failure to state a claim?

MultiRegion, United States of America

The following excerpt is from Keniston v. Roberts, 717 F.2d 1295 (9th Cir. 1983):

The controlling standard, first enunciated in Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957), is that an action may be dismissed for failure to state a claim only if "it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief."...

Other Questions


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 will a motion to dismiss a claim for failure to state a cause of action be dismissed? ("New York", 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)
What are the grounds for dismissal of an action for failure to state a claim? (MultiRegion, United States of America)
In what circumstances will the district court dismiss an action for failure to state a claim? (MultiRegion, United States of America)
Does plaintiff have been successful in bringing actions while in prison that have been dismissed as frivolous, malicious or failure to state a claim? (MultiRegion, United States of America)
Is Dismissal appropriate for a motion to dismiss an action where the claim alleges that the claim is invalid? (MultiRegion, United States of America)
What is the test for the purpose of dismissing an action for failure to state a claim upon which relief may be granted? (MultiRegion, United States of America)
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)
What is the test for dismissing a motion to dismiss for failure to state a claim? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.