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demurrer
(redirected from Failure to state a claim)

   Also found in: Dictionary/thesaurus, Medical, Legal, Wikipedia 0.03 sec.

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 In the U.S., demurrers are no longer used in federal procedure (having been replaced by motions to dismiss or motions for more definite statement) but are still used in some states.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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A trial judge dismissed the case for failure to state a claim, but the Ninth Circuit reversed in a 2-1 opinion, finding that "Lawrence requires something more than traditional rational basis review.
Editor's Note: In the District Court the defendants'motion was treated as a motion to dismiss for failure to state a claim on which relief could be granted.
The court held that in determining, as a matter of law, whether the complaint alleged claims based on ordinary negligence, professional negligence, or both, the court had to construe the complaint under the test applied to motions to dismiss for failure to state a claim.
 
 
 
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