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demurrer
(redirected from Failure to state a claim)

   Also found in: Dictionary/thesaurus, Legal, Encyclopedia, Wikipedia 0.01 sec.
demurrer (dēmur´r),
n an admission of the facts charged by the opponent while maintaining that those facts are legally insufficient to establish liability.


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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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