Use of Rule 12(b)(6) in Two Federal District Courts

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Federal Judicial Center, 1989 - 19 strani
 

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Priljubljeni odlomki

Stran 17 - In appraising the sufficiency of a complaint we follow, of course, the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
Stran 15 - In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.
Stran 6 - Recommended Procedures for Handling Prisoner Civil Rights Cases in the Federal Courts (Federal Judicial Center, 1980).
Stran 4 - A. Miller, The August 1983 Amendments to the Federal Rules of Civil Procedure: Promoting Effective Case Management and Lawyer Responsibility, 7-9 (Federal Judicial Center, 1984).
Stran 17 - The rules of pleading require that the circumstances constituting fraud or mistake shall be stated with particularity. Bradley v. Chiron Corp., 136 F.3d 1370, 45 USPQ2d 1819 (Fed. Cir. 1998). This case contains a nice discussion of the elements required, under California law, for rescission of a settlement agreement on grounds of mistake or fraud, and also how those elements must be pleaded in a federal complaint.

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