failure to state a claim upon
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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.
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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.
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Trial court properly dismissed complaint for injunctive relief for failure to state a claim upon which relief could be granted.
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Allegation of false light, invasion of privacy. Failure to state a claim upon which relief can be granted. Judgment for defendant.
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Allegation of false light, invasion of privacy. Failure to state claim upon which relief can be granted. Judgment for defendant.
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Trial court properly dismissed plaintiffs complaint under Civ.R. 12(B)(1) and (5) for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted; plaintiffs claims that gas company acted unreasonably in terminating his service were service-related claims within the exclusive jurisdiction of the Public Utilities Commission and plaintiffs attempt to characterize claims as torts did not change jurisdictional outcome; further, complaint failed to adequately plead claims.
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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.
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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.
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Defective indictment cannot be addressed through a writ of prohibition, denial of right to speedy trial cannot be addressed through a writ of mandamus, failure to state a claim upon which relief can be granted; declaration as a vexatious litigator per Loc.App.R. 23.