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Failure to State a Claim

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.

Transcript

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...

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