Written by attorneys · grounded in primary & secondary sources — see below
A statement in a pleading that sets forth facts entitling the pleader to a judicial remedy. The statement must contain sufficient factual matter to support a plausible inference of liability when accepted as true.
Sources & Authorities
How it applies
Common Examples
6
Motion to Dismiss Filed
Cameron Cruz sues Continental Bank in federal court alleging improper account fees. The bank files a motion under Rule 12(b) asserting lack of personal jurisdiction instead of answering. The court denies the motion and the bank must serve its responsive pleading within fourteen days.
Removal Notice Deadline
Cassandra Cooper files a state-court complaint against Coastal Shipping alleging breach of a shipping contract. Coastal Shipping receives the complaint on March 1 and files a notice of removal in federal court on March 25. The removal is timely because it occurred within thirty days of receipt of the initial pleading.
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Statutes
Federal Rules
Uniform Acts
Restatements
Study Supplements
Dictionaries
Claire Campbell sues her former supervisor at Cedar Creek Farms alleging sexual assault during a business trip. She offers testimony from two other employees describing similar assaults by the same supervisor. The court admits the testimony because the civil claim rests on alleged sexual assault.
Partial Final Judgment Entered
Clifford Cox sues Copperfield Mining on two separate contract claims. The district court grants summary judgment on the first claim and expressly finds no just reason for delay. The court directs entry of final judgment on that claim alone under Rule 54(b).
Plausibility Standard Applied
Corinne Cho sues a federal official alleging constitutional violations arising from detention. Her complaint contains only labels and conclusions without factual content supporting an inference of unlawful conduct. The court dismisses the action because the pleading fails to state a plausible claim for relief.
Ashcroft v. Iqbal556 U.S. 662 (2009)
Parallel Conduct Insufficient
Cade Carpenter sues two competitors alleging an antitrust conspiracy based solely on identical pricing announcements. The complaint contains no facts suggesting an actual agreement. The court dismisses the action because the allegations are consistent with lawful independent conduct.
Bell Atlantic Corp. v. Twombly550 U.S. 544, 556, 127 S.Ct. 1955, 167 L. Ed. 2d 929 (2007)
Common questions
Frequently Asked
4
What must a pleading contain to state a claim for relief under federal standards?+
A pleading must include enough factual matter accepted as true to permit a reasonable inference that the defendant is liable. Threadbare recitals of elements and conclusory statements are insufficient.
When may a court enter final judgment on fewer than all claims for relief?+
A court may direct entry of final judgment on one or more but fewer than all claims only when it expressly determines there is no just reason for delay. Any other order adjudicating fewer than all claims remains interlocutory.
How does the presence of a claim for relief affect removal timing?+
A defendant must file a notice of removal within thirty days after receiving the initial pleading that sets forth the claim for relief. The thirty-day period begins upon service or receipt of the pleading, whichever occurs first.
When is evidence of other sexual assaults admissible in a civil case?+
In a civil case involving a claim for relief based on alleged sexual assault or child molestation, the court may admit evidence that the party committed any other sexual assault or child molestation.
564 U.S. 338 (2011)Evidence
…the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members’ claims for relief will produce a common answer to the crucial question why was I disfavored . Pp. 8–12. (b) The plaintiffs’ claims in this case fail to satisfy Rule 23(a)(2)’s commonality requirement. The…