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Under the Federal Rules of Civil Procedure a complaint is the first pleading in American law filed by a plaintiff which initiates a lawsuit. [1] A complaint sets forth the relevant allegations of fact that give rise to one or more legal causes of action along with a prayer for relief and sometimes a statement of damages claimed (an ad quod damnum clause).
Louisville & Nashville Railroad Company v. Mottley, 211 U.S. 149 (1908), was a United States Supreme Court decision that held that under the existing statutory scheme, federal question jurisdiction could not be predicated on a plaintiff's anticipation that the defendant would raise a federal statute as a defense.
While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations. When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief. Our decision in Twombly illustrates the two-pronged approach.
in the Northern District of Illinois, Eastern Division, a substantial part of the events or omissions giving rise to the claim occurred in the Northern District of Illinois, Eastern Division, and the property which is the subject of this lawsuit is located in the Northern District of Illinois, Eastern Division. DEFENDANT 4.
Ashcroft v. Iqbal, 556 U.S. 662 (2009), was a United States Supreme Court case which held that plaintiffs must present a "plausible" cause of action. Alongside Bell Atlantic Corp. v. Twombly (and together known as Twiqbal), Iqbal raised the threshold which plaintiffs needed to meet.
Impleader in the Federal Courts derives from Rule 14 ("Third Party Practice") of the Federal Rules of Civil Procedure: [2] Rule 14(a)(1): The nonparty must be served with the third party complaint as well as a summons. If the original defendant intends to do this more than 14 days after serving its original answer, it must first, by motion ...
The complaint from the National Labor Relations Board (NLRB) claims that Amazon is a so-called "joint employer" of drivers employed by the contractor, Battle Tested Strategies (BTS), and used a ...
The United States Federal Rule of Civil Procedure 8(d)(2) states that "[a] party may set out 2 or more statements of a claim or defense alternatively or hypothetically, either in a single count or defense or in separate ones. If a party makes alternative statements, the pleading is sufficient if any one of them is sufficient."