failure to state a claim upon which relief may be granted

• 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

• Collins v. Natl. City Bank, (Ohio 2003)

Trial court did not err when it dismissed Plaintiff’s complaint for failure to state a claim upon which relief may be granted. Judgment affirmed.

• Ohio Supreme Court

• U.S. District Court, Md. Case Summaries: May 2, 2010

Civil Procedure Subject matter jurisdiction

BOTTOM LINE: Plaintiff's claims against the United States, based on medical malpra...The Government filed a motion to dismiss, which the district court granted as to all counts. LAW: ... jurisdiction or, in the alternative, for failure to state a claim. There are two ways in which to p... that a complaint "fails to allege facts upon which subject matter jurisdiction can be based." A... for failure to state a claim upon which relief may be granted. Id. Second, a defendant may claim ...

• The Daily Record (Baltimore)
• May 09, 2010

• Toledo Heart Surgeons v. The Toledo Hosp., (Ohio 2002)

An order which grants a motion for summary judgment, or dismissal for failure to state a claim upon which relief may be granted to a party while claims against other parties are still pending, and which does not contain Civ.R. 54(B) language that there is no just reason for delay, is not appealable when the entire action is later dismissed without prejudice pursuant to Civ.R. 41(A). Rather, such order is dissolved and has no res judicata effect.

• Ohio Supreme Court

• Jack Ybarra, Also Known as Isaias M. Ybarra, Individually and as President of the Confederacion de La Raza Unida, Et Al., Plaintiffs-Appellants, v. City of San Jose, a Municipal Corporation, Et Al., Defendants-Appellee.* v. Mccarthy,, 503 F.2d 1041 (9th Cir. 1974)

... to dismiss this action on the ground stated by the district court, namely, that in view of tha... does not constitute an 'insuperable bar to relief,' and therefore does not justify dismissal for faiilure to state a claim upon which relief may be granted. Corsican Product... it was error to dismiss the complaint for failure to state a claim upon which relief can be granted....

• Federal Circuits

• Key v. State, (Ohio 2004)

Trial court did not err in its dismissal of plaintiff's complaint for failure to state a claim upon which relief may be granted, pursuant to Civ.R. 12(B)(6). There is sufficient compliance with the statutory requirement of R.C. 2939.20 when the words "a true bill" are pre-printed on an indictment.

• Ohio Supreme Court

• Caston v. Bailey, (Ohio 2003)

Dismissal is proper pursuant to Civ.R. 12(B)(6) when from the face of the complaint it may be determined that the cause of action is barred by a statute of limitations. Civ.R. 12(B)(6); failure to state a claim upon which relief may be granted; statute of limitations; malpractice; fraud allegation.

• Ohio Supreme Court

• Barry Emmett v. J. Ebner, et al, (5th Cir. 2011)

... IN THE UNITED STATES COURT OF APPEALS. FOR THE FIFT...§ 1983 complaint for failure to state a claim upon which relief may be granted,...

• Federal Circuits

• Brisbane v. Milano, (2nd Cir. 2011)

... UNITED STATES COURT OF APPEALS. ...BLAZI, Waterbury, C.T. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED,...-Appellees' motions to dismiss for failure to state any claim upon which relief may be gra...

• Federal Circuits

• Perry v. Jordan et al.,, (11th Cir. 2011)

... IN THE UNITED STATES COURT OF APPEALS. FOR THE E... complaint for failing to allege a federal claim upon which relief may be granted, 28U.S.C. § 1915... court’s sua sponte dismissal for failure to state a claim under 28U.S.C. § 1915(e)(2)(B)(i...

• Federal Circuits