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demurrer

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demurrer

In law, a plea in response to an allegation that admits its truth but also asserts that it is not sufficient as a cause of action. In the U.S., demurrers are no longer used in federal procedure (having been replaced by motions to dismiss or motions for more definite statement) but are still used in some states. A general demurrer challenges the sufficiency of the substance of an allegation, whereas a special demurrer challenges the structure or form of an allegation.
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For lack of merit, the demurrer is denied," the court said in a decision read by Captain Edgardo Abad as it rejected an appeal to prevent the 28 from undergoing trial.
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The court concluded that the fraud and conversion claims against the Medical Center survived the defendants' demurrer.
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The defendant filed a demurrer to the complaint on July 5, 2005, alleging that three of the claims were preempted by federal law and that the remaining six employment discrimination claims were substantively defective.
Nurse's pleadings in wrongful termination case deficient by Tammelleo, A. David / Nursing Law's Regan Report
 
 
 
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