What is the test for a dismissal for failure to state a claim?

MultiRegion, United States of America

The following excerpt is from Allen-Bell v. Topolinski, 122 F.3d 1069 (9th Cir. 1997):

We have jurisdiction under 28 U.S.C. 1291, and we review de novo a dismissal for failure to state a claim, see Sosa v. Hiraoka, 920 F.2d 1451, 1455 (9th Cir.1990). We reverse and remand.

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)
Is a federal claim enforceable if the trial court dismissed the motion for failure to state 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)
When will a motion to dismiss a claim for failure to state a cause of action be dismissed? ("New York", United States of America)
When a federal claim for battery against Watson has been dismissed, can the remaining state law claims be dismissed without prejudice? (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)
Is a dismissal for failure to state a claim reviewed de novo? (MultiRegion, United States of America)
What are some cases that have been dismissed for failure to state a claim? (MultiRegion, United States of America)
What is the test for dismissing a complaint 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.