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Failure to State a Claim

What is Failure to State a Claim?

Failure to state a claim for which relief can be granted is a defense often raised by the defendant. This defense is typically raised in the defendant’s answer and explains why the plaintiff does not have a proper claim to bring. In other words, the defendant will state how they properly complied with the terms of the agreement or contract and that bringing a lawsuit against the defendant is not justified. The Failure to State a Claim argument shall be discussed and brought forth in a Motion to Dismiss.

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