Also known as: failure to state a claim · fails to state a claim · failing to state a claim · 12(b)(6) · failure to state a claim upon which relief can be granted
Written by attorneys · grounded in primary & secondary sources — see below
A ground for dismissal when a complaint does not allege facts that, if true, would entitle the plaintiff to relief under applicable law.
Forrest Falconer filed a federal complaint against Fulton Shipping alleging misclassification as an independent contractor. The complaint stated only that he worked full time under company control on exclusive routes. Fulton Shipping moved to dismiss before answering. The court granted the motion because the bare assertion supplied no facts about schedules, supervision, or equipment that could support an inference of employee status.
Felicia Fuentes sued six federal narcotics agents in district court alleging an unreasonable search that violated the Fourth Amendment. The complaint sought damages but contained no facts showing congressional authorization for a damages action against individual officers. The agents moved to dismiss. The court granted the motion because the pleading failed to state a claim for which relief could be granted.
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Faith Fitzgerald sued a former classmate in federal court under the Violence Against Women Act civil remedy provision after an alleged gender-motivated assault on a college campus. The complaint alleged only local conduct with no interstate commerce nexus. The defendant moved to dismiss. The court granted the motion because the statute supplied no cause of action on these facts.
Fernando Farrell sued Hartford Fire Insurance Co. in federal court alleging a conspiracy among foreign insurers that affected only overseas markets. The complaint contained no facts showing a direct, substantial, and reasonably foreseeable effect on United States commerce. Hartford moved to dismiss. The court granted the motion because the pleading failed to state a claim under the statute.
Fatima Flores sued National Australian Bank in federal court under section 10(b) for alleged misstatements made entirely in Australia that affected only Australian investors. The complaint alleged no domestic purchase or sale of securities. The bank moved to dismiss. The court granted the motion because the statute did not reach the foreign conduct pleaded.
Fabian Flynn sued Blue Chip Stamps alleging he was deterred from buying shares by a misleading prospectus. The complaint contained no allegation that Flynn had actually purchased or sold any securities. Blue Chip moved to dismiss. The court granted the motion because the pleading failed to state a claim under the statute.
A party may raise failure to state a claim in a pleading, by motion under Rule 12(c), or at trial. The defense is not waived by omission from an earlier motion.
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No. When federal law does not attach consequences to the defendant's conduct the plaintiff has simply failed to state a claim rather than depriving the court of jurisdiction.
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The court accepts all well-pleaded facts as true and determines whether the complaint contains sufficient factual matter to state a plausible claim for relief.
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No. A magistrate judge may not hear and determine a motion to dismiss for failure to state a claim upon which relief can be granted. That matter must be decided by a district judge.
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…to defend § 13981's constitutionality. The District Court dismissed Brzonkala's Title IX claims against Virginia Tech for failure to state a claim upon which relief can be granted. See Brzonkala v. Virginia Polytechnic and State Univ. , 935 F. Supp. 772 (WD Va. 1996). It then held that Brzonkala's complaint stated a claim against Morrison and Crawford under § 13981,…