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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.
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).
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."
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.
CHICAGO (WTVO) — A federal appeals court in Chicago ruled that the Illinois assault weapon ban can remain in effect while the law is debated. This decision came on Thursday as lawyers ...
Months earlier, in a case cited in this decision, In re Anglin, 122 Ill.2d 531, 525 N.E.2d 550 (May 18, 1988), the Illinois Supreme Court refused to reinstate the law license of an attorney convicted of (among other felonies) possessing stolen securities, and who wished to be reinstated while continuing to withhold the name of the person or ...
(The Center Square) – Whether Illinois should be enjoined from enforcing the state’s gun and magazine ban starting Monday is now up to a federal appeals court. Illinois enacted the Protect ...
On Nov. 25, 2020, the day before Thanksgiving, responders rushed to a house fire in Mt. Morris, Illinois. They discovered 27-year-old Melissa Lamesch inside, dead on the floor by the oven in the ...