failure to state a claim for relief

• 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

• 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

• Bates Recycling v. Huber, (Ohio 2011)

Trial court properly dismissed complaint for injunctive relief for failure to state a claim upon which relief could be granted.

• Ohio Supreme Court

• Putting My Money Where Your Mouth Is-an Analysis of a Public Teacher's Right to Object to a Union's Use of His or Her Dues for Political Purposes in an Open Shop State

Esquinance claimed that he faced a choice between joining the union, which required the use of his money for political purposes he detested, such as the promotion of abortion and homosexual rights, or refraining from joining the union and losing the ability to have any input into his working conditions because only union members possess certain rights, such as voting to ratify the collective bargaining agreement between the union and the Polk County School Board.8 The defendants filed a motion to dismiss for failure to state a claim for which relief may be granted, and the trial court granted the motion.9 The Tennessee legislature authorized professional employee organizations to bargain collectively as the representative of professional employees with local boards of education by pas...

• University of Memphis Law Review, The
• Vol. 37 Nbr. 4, July 2007

• Dowdy v. Jones, (Ohio 2011)

complaint against county prosecutor for failure to investigate alleged homicide; Civ.R. 12(B)(1)(6); trial court properly dismissed complaint; failure to state a claim; prosecutorial immunity; no valid claim for relief

• Ohio Supreme Court

• U.S. Bankruptcy Judge Finds Trustee Lacks Standing to Pursue Claims

A chapter 7 bankruptcy trustee filed adversary proceedings against two defendants in Ilardo, as trustee in the bankruptcy of World Parts, LLC v. Al's Diesel and Ilardo, as trustee in the bankruptcy of World Parts, LLC v. Pacific Diesel. Both defendants moved for dismissal based upon lack of jurisdiction. One defendant also asserted failure to state a claim for which relief could be granted.

• Daily Record (Rochester, NY)
• March 10, 2005

• Stephenson v. Ohio State Univ. Veterinary Hosp., (Ohio 2011)

Allegation of false light, invasion of privacy. Failure to state a claim upon which relief can be granted. Judgment for defendant.

• Ohio Supreme Court

• Stephenson v. Ohio State Univ., (Ohio 2011)

Allegation of false light, invasion of privacy. Failure to state claim upon which relief can be granted. Judgment for defendant.

• Ohio Supreme Court

• Arnold v. Ohio Adult Parole Auth., (Ohio 2011)

Trial court did not err in dismissing complaint for failure to state a claim upon which relief could be granted. Appellant failed to establish that the parole board improperly convened a full board hearing. Appellant also failed to establish that the parole board exceeded its authority by permitting testimony from his former wife, his former sister-in-law, and a social worker regarding alleged acts toward appellant's daughter, even though those alleged acts did not form the basis for appellant's conviction.

• Ohio Supreme Court

• Hughley v. Ohio Dept. of Rehab. & Corr., (Ohio 2009)

Dismissal for failure to state a claim for which relief can be granted proper where appellant's claim was seeking review by the Court of Claims of actions taken in his criminal case.

• Ohio Supreme Court