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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).
In 1938, the Federal Rules of Civil Procedure were adopted. One goal of these rules was to relax the strict rules of code pleading. [2] The focus of the cause of action was shifted to discovery (another goal of the FRCP). [2] Under the Federal Rules, a plaintiff's complaint merely needs to contain a short and plain statement of their cause of ...
8. The Illinois Association of Firearms Retailers (“ILAFR”) is a non-profit entity organized under the law of Illinois and Section 501(c)(6) of the Internal Revenue Code to promote the interests of the firearms retail industry and the protection of Second Amendment Case 1:10-cv-04184 Document 1 Filed 07/06/10 Page 2 of 20
federal question jurisdiction, the "well-pleaded complaint rule" North American Cold Storage Co. v. City of Chicago: 211 U.S. 306 (1908) Moyer v. Peabody: 212 U.S. 78 (1909) citizens' rights during insurrection Welch v. Swasey: 214 U.S. 91 (1909) Massachusetts' statute restricting building heights is constitutional Maryland v. West Virginia ...
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.
Civil cases appealed from the Illinois Appellate Court are heard by the Supreme Court of Illinois upon the grant of a Petition for Leave to Appeal under Illinois Supreme Court Rule 315, [5] a Certificate of Importance under Illinois Supreme Court Rule 316, [6] or a Petition for Appeal as a Matter of Right under Illinois Supreme Court Rule 317. [7]
The Illinois Supreme Court has upheld the state's ban on the sale or possession of the type of semiautomatic weapons used in hundreds of mass killings nationally. In a 4-3 decision Friday, the ...