Also known as:claim for relief · claim(s) for relief · statement of claim
Written by attorneys · grounded in primary & secondary sources — see below
A demand or assertion in a pleading that entitles the pleader to a judgment or other relief from the court. The term identifies each separate basis on which relief is sought, whether labeled as a claim, counterclaim, crossclaim, or third-party claim.
Sources & Authorities
How it applies
Common Examples
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Pre-Answer Motion to Dismiss
Cynthia Cortez filed a complaint against Cardinal Insurance alleging breach of an insurance policy. Cardinal filed a motion under Rule 12(b)(6) before serving an answer. The motion asserted that the complaint failed to state a claim for relief because it lacked factual allegations showing a covered loss.
Removal Timing Calculation
Corinne Cho sued Compass Logistics in state court for unpaid wages. Compass received a file-stamped copy of the complaint by email on June 5 and was formally served on June 25. Compass filed a notice of removal on July 2, relying on the date it first received the pleading that set forth the claim for relief.
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Statutes
Federal Rules
Uniform Acts
Restatements
Casebooks
Study Supplements
Claire Campbell sued Craig Caldwell for sexual assault arising from an incident at a hotel. The plaintiff sought to introduce testimony that Caldwell had committed a similar assault on another employee in a service closet two years earlier. The court considered whether the evidence was admissible in a civil case involving a claim for relief based on alleged sexual assault.
Partial Final Judgment
Camila Cervantes sued Central Dynamics on three separate counts arising from a single contract. The district court granted summary judgment on the first count only. The court entered a final judgment on that count after expressly determining there was no just reason for delay, even though the remaining claims for relief were still pending.
Diversity Jurisdiction Over State Claims
Christian Coleman, a New York resident, sued a Connecticut museum in federal court for the loss of photographic transparencies. He asserted several state-law claims for relief including breach of contract and negligence. The court exercised diversity jurisdiction over those claims.
Gasperini v. Center for Humanities, Inc.518 U.S. 415, 429–431 (1996)
Class Certification Commonality
Female employees of Crown Pharmaceuticals filed a class action alleging a pattern of gender discrimination in pay and promotion decisions. The court examined whether the class members' claims for relief shared a common question that could be resolved in one stroke for the entire class.
Wal-Mart Stores, Inc. v. Dukes564 U.S. 338 (2011)
Common questions
Frequently Asked
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What must a pleading contain to state a claim for relief under the Federal Rules?+
A pleading must contain a short and plain statement of the claim showing that the pleader is entitled to relief. The statement must include enough factual matter to permit a reasonable inference that the defendant is liable.
When does the 30-day removal clock begin to run under 28 U.S.C. § 1446(b)(1)?+
The clock begins when the defendant receives, through service or otherwise, a copy of the initial pleading that sets forth the claim for relief. Receipt of a file-stamped complaint by email can trigger the period even before formal service.
How does Rule 54(b) treat multiple claims for relief in the same action?+
When an action presents more than one claim for relief, the court may direct entry of a final judgment as to one or more but fewer than all claims only if it expressly determines there is no just reason for delay. Any order that adjudicates fewer than all claims does not end the action.
In what type of civil case may evidence of other sexual assaults be admitted under Rule 415?+
Rule 415 permits such evidence in a civil case involving a claim for relief based on a party's alleged sexual assault or child molestation. The evidence may be considered on any matter to which it is relevant under Rules 413 and 414.
564 U.S. 338 (2011)Evidence
…the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members’ claims for relief will produce a common answer to the crucial question why was I disfavored . Pp. 8–12. (b) The plaintiffs’ claims in this case fail to satisfy Rule 23(a)(2)’s commonality requirement. The…