failure to state a claim motion

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motion to dismiss for failure to state a claim

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More than 10.000 documents for failure to state a claim motion

- 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
- 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
- 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

- The Use of Dispositive Motions in Arbitration
This article addresses the role of dispositive motions have in arbitration. For purposes of this article, dispositive motions are motions that would be considered dispositive by a court, such as a motion for summary judgment, a motion to dismiss for failure to state a claim, a motion for judgment on the pleadings, and a motion to strike particular claims or defenses. In arbitration, these motions are considered under the general rubric of "summary dispositions" or "partial summary dispositions." The 10th Circuit has said that a fundamentally fair arbitration hearing requires only notice, opportunity to be heard and to present relevant and material evidence and argument before the decision makers. Dispositive motions have the potential to play an important role in resolving disputes in a...
- Dispute Resolution Journal
- Vol. 62 Nbr. 3, August 2007
- Viking & Worthington Steel Ents., L.L.C. v. James, (Ohio 2011)
CIVIL- motion to dismiss for failure to state a claim; Civ.R. 12(B)(6); fraud; fraudulent inducement; invited error; plain error; parol evidence; extrinsic evidence; standing; corporate standing; separate and distinct injury
- Ohio Supreme Court
- Baltimore County's Lawsuit Against Priceline, Others Withstands Challenge
Baltimore County's lawsuit against several online hotel booking companies for allegedly unpaid hotel-room occupancy taxes has survived a motion to dismiss in U.S. District Court in Baltimore. Judge Marvin J. Garbis granted in part and denied in part the defendants' motion to dismiss for failure to state a claim. The judge dismissed the unjust enrichment claim because the plaintiff failed to plead that it conferred a benefit on the defendant, as required under Maryland law.
- The Daily Record (Baltimore)
- March 08, 2011
- Pesci v. Ganshiemer, (Ohio 2012)
EXTRAORDINARY WRITS - writ of habeas corpus; motion to dismiss; failure to state a claim upon which relief can be granted; post-release control; void; appeal.
- Ohio Supreme Court
- Niepsuj v. Niepsuj, (Ohio 2004)
Negligent misrepresentation – pecuniary loss – failure to state a claim – motion to dismiss.
- Ohio Supreme Court
- Ward v. Graue, (Ohio 2012)
Civ.R. 12(B)(6); motion to dismiss; failure to state a claim upon which relief can be granted; de novo review; presume all factual allegations of the complaint are true; limited to facts alleged in complaint; savings statute; R.C. 2305.15; interstate commerce; commerce clause.
- Ohio Supreme Court
- State ex rel. Betts v. Gansheimer, (Ohio 2011)
ORIGINAL ACTION - writ of habeas corpus; motion to dismiss; failure to state a claim; Civ.R. 12(B)(6); revocation of parole; due process; right to conditional release; discretion of the Adult Parole Authority
- Ohio Supreme Court