Failure to State a Claim

• 43 CFR 4.1169 - Failure to state a claim.

• Code of Federal Regulations - Title 43: Public Lands: Interior

• 28 CFR 68.10 - Motion to dismiss for failure to state a claim upon which relief can be granted.

• Code of Federal Regulations - Title 28: Judicial Administration

• Court Upholds Counterclaim Against The U.S. On Political Question Grounds — Only To Dismiss It For Failure To Exhaust Administrative Procedures And For Failure To State A Claim

U.S. v. Kellogg Brown & Root Services, Inc., 10-cv-530 (RCL) (D.D.C. 2012), presents the interesting case whether a defendant in an international liti...

• Mondaq Business Briefing
• United States Law Articles in English

• Bd. of Twp. Trustees Sharon Twp. v. Zehringer, (Ohio 2011)

Failure to State A Claim; Dec Action Challenging Sufficiency of Regulations

• Ohio Supreme Court

• Failure to State a Claim

Within a judicial forum, the failure to present sufficient facts which, if taken as true, would indicate that any violation of la...

• West's Encyclopedia of American Law
• Dou–Fre

• Failure to State Claim Deprives Court of Jurisdiction

The dismissal of a child support ruling by the Missouri Court of Appeals, Western District, has one attorney scratching his head. Rarely does the Western District give more than a cursory discussion of cases it dismisses, but it went through a thorough description when it ruled the trial court lacked the authority to award Denise Joan Derks $763.20 in monthly child support payments.

• St. Charles County Business Record
• June 29, 2006

• Florkey v. Malott, (Ohio 2011)

CIVIL LAW: jurisdiction, real party in interest, standing, failure to state a claim, guardian, sua sponte, motion to dismiss, transfer, probate court, Civ.R. 73(B)

• Ohio Supreme Court

• Vt Supreme Court Rules Federal Law Doesn't Preempt State Law Failure- to-Warn in Drug Label Claim

Federal law doesn't preempt a state law failure-to-warn claim brought by a plaintiff whose arm was amputated as a result of being injected with a drug, the Vermont Supreme Court has ruled. A patient was injected with Phenergen, a drug manufactured by Wyeth, to combat her nausea from a migraine headache. She received two injections: the first via intramuscular injection and the second by a direct intravenous injection into her arm, via an IV. The second injection was accidentally injected into her artery, which was severely damaged, causing gangrene. The patient's hand and forearm were amputated as a result.

• Lawyers USA
• December 04, 2006

• Vocaire v. Stafford & Stafford Co. L.P.A., (Ohio 2011)

Legal malpractice; statute of limitations; Civ.R. 12(B)(6) motion to dismiss for failure to state a claim upon which relief may be granted; test for identifying a cognizable event.

• Ohio Supreme Court

• Failure to State Claim Deprives Court of Jurisdiction, Rules Mo Court of Appeals, W. District

The dismissal of a child support ruling by the Missouri Court of Appeals, Western District, has one attorney scratching his head. Rarely does the Western District give more than a cursory discussion of cases it dismisses, but it went through a thorough description when it ruled the trial court lacked the authority to award Denise Joan Derks $763.20 in monthly child support payments.

• Daily Record and the Kansas City Daily News-Press
• June 29, 2006