Failure to State a Claim
Learn about a defense that the defendant may raise when the plaintiff has failed to state a claim upon which relief can be granted, including when and how the defense may be raised.
Now, let’s talk about the defense of failure to state a claim upon which relief can be granted.
First, we’ll explain how the defense operates, which will require a brief history lesson. Second, we’ll discuss the procedural mechanisms by which this defense can be raised.
I. How the defense operates
The heart of the defense of “failure to state a claim” is that the plaintiff will not be entitled to prevail, even if every factual allegation in the complaint is true. For this reason, Prof. Laurel...