What is the test for dismissal for failure to state a claim?
MultiRegion, United States of America
The following excerpt is from Butitta v. Carbajal, 116 F.3d 1485 (9th Cir. 1997):
We review de novo the district court's dismissal for failure to state a claim. See Buckey v. County of Los Angeles, 968 F.2d 791, 793-94 (9th Cir.1992). Review is limited to the contents of the complaint, and all allegations of material fact are taken as true and construed in the light most favorable to the non-moving party. See id. at 794.
"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)
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)
