failure-to-state-claim
12 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-6463 | Noel Vincent Thomas v. Alabama Law Enforcement Agency, et al. | Florida | 2025-02-04 | Dismissed | Response WaivedIFP | burden-of-proof failure-to-state-claim pleading-standards res-judicata statute-of-limitations trial-court-discretion | 1) WHETHER THE TRIAL COURT ERRED AS A MATTER OF LAW BY DISMISSING PETITIONER'S CASE FOR FAILURE TO STATE A CLAIM OR INSUFFICIENT PLEADING, EXPIRATION … |
| 24-5749 | Noel Vincent Thomas v. North Carolina Mutual Life Insurance Company, et al. | Fourth Circuit | 2024-10-11 | Dismissed | Response WaivedIFP | appellate-review failure-to-state-claim federal-rules res-judicata sovereign-immunity trial-court | 1) WHETHER THE TRIAL COURT ERRED AS A MATTER OF LAW BY AFFIRMING THE LOWER COURT DECISION BASED ON THE ASSERTIONS OF FAILURE TO STATE A CLAIM, FAILURE… |
| 24-269 | Lydia Olson, et al. v. California, et al. | Ninth Circuit | 2024-09-10 | Denied | Amici (2)Response Waived | constitutional-challenge failure-to-state-claim hypothetical-facts judicial-review pleading-standard rational-basis-review | Whether a court may dismiss for failure to state a claim a constitutional challenge to a law subject to rational-basis review based on hypothetical fa… |
| 23-7353 | Noel Vincent Thomas v. North Carolina Mutual Life Insurance Company, et al. | Eleventh Circuit | 2024-05-02 | Denied | Response WaivedIFP | abuse-of-discretion civil-procedure failure-to-state-a-claim failure-to-state-claim federal-rules in-forma-pauperis motion-to-dismiss res-judicata sovereign-immunity | 1) WHETHER THE TRIAL COURT ERRED AS A MATTER OF LAW BY DISMISSING THE COMPLAINT BASED UPON THE CLAIMS THAT THE PETITIONER FAILED TO STATE A CLAIM, FA… |
| 23-5771 | Cornel Jackie Drummer v. Ken Maynard, III, et al. | Fifth Circuit | 2023-10-12 | Denied | IFP | civil-procedure civil-rights district-court due-process failure-to-state-claim frivolous-claims judicial-procedure medical-error medical-malpractice procedural-due-process standing | Did the United States District Court for the Southern District of Texas err when it dismissed Plaintiff'S Civil Rights violation complaint for failure… |
| 23-5317 | Aaron J. Bressi v. Jeffery Brennen, et al. | Third Circuit | 2023-08-09 | Dismissed | Response WaivedIFP | abuse-of-discretion case-dismissal civil-procedure court-procedure due-process failure-to-state-a-claim failure-to-state-claim judicial-discretion legal-review procedural-dismissal public-interest standing | 1. How does this Complaint get dismissed by Both the Honorable District Court and the Honorable Appeals Court, for failure to State a Claim? 2. How i… |
| 23-5318 | Aaron J. Bressi v. John Gembic, et al. | Third Circuit | 2023-08-09 | Dismissed | Response WaivedIFP | abuse-of-discretion case-dismissal civil-procedure complaint-dismissal court-procedure due-process failure-to-state-claim judicial-discretion jurisdiction legal-review public-interest standing | ). How does this Complaint Get dismissed by Both the Honorable District Court, and the Honorable Appeals Court for failure to State a Claim* 2. How i… |
| 20-972 | Ikemefula Charles Ibeabuchi v. Eggleston, Director of Operation, et al. | Ninth Circuit | 2021-01-15 | Denied | Relisted (2) | civil-procedure civil-rights due-process failure-to-state-claim federal-jurisdiction jurisdiction legal-mail ninth-circuit panel-rehearing standing | 1. Whether or not, the Ninth Circuit Court of Appeals committed a Reversible Error, by concluding that, "the Petitioner fails to address how the Distr… |
| 19-8526 | Quintez Talley v. Timothy Mazzocca, et al. | Third Circuit | 2020-05-22 | Denied | IFP | civil-procedure civil-rights failure-to-state-claim judicial-discretion leave-to-amend mail-fraud pro-se-plaintiff racketeer-influenced-and-corrupt-organizations-act screening-phase standing supplemental-jurisdiction wire-fraud | 1. Does the Disability to Shoulder Concrete Financial Loss Demonstrate a Lack of Standing When Bringing 2 Racketeer Influenced and Corrupt Organizatio… |
| 19-799 | Streambend Properties II, LLC, et al. v. Ivy Tower Minneapolis, LLC, et al. | Minnesota | 2019-12-23 | Denied | Response Waived | civil-procedure constitutional-rights dismissal-with-prejudice due-process equal-protection failure-to-state-claim jury-trial jury-trial-rights pleadings standing | The first question presented is whether the lower court erred in dismissing with prejudice Petitioners' claims for failing to state a claim for which … |
| 19-5674 | Ed Teague, II v. Regent Financial Group, Inc., et al. | Eighth Circuit | 2019-08-22 | Denied | Response WaivedIFP | appellate-review civil-procedure failure-to-state-a-claim failure-to-state-claim judicial-interpretation legal-principles motion-to-dismiss pleading-requirements standard-of-review | Whether the court of appeal's decision below contradicts existing legal principles when evaluating a motion to dismiss for failure to state a claim up… |
| 19-82 | Paul V. Cannon v. Bank of America, National Association, et al. | First Circuit | 2019-07-16 | Denied | borrower-rights breach-of-contract civil-rights contractual-obligations due-process failure-to-state-claim loan-disclosure mortgage-securitization securitization standing unjust-enrichment | 1. Taking the allegations in Mr. Cannon's Complaint as true, did the District Court properly dismiss the Complaint for failure to state a claim upon w… |