Also known as: failure to state a claim · failure to state a claim upon which relief can be granted · 12(b)(6) · Rule 12(b)(6) · 12b6
Written by attorneys · grounded in primary & secondary sources — see below
A ground for dismissal when the factual allegations in a complaint, accepted as true, do not permit a reasonable inference that the defendant is liable for the relief requested.
Metro Lender filed a judicial foreclosure action against Carla after she missed a balloon payment. The mortgage required Metro to send a payoff statement and final demand letter before any foreclosure. Carla moved to dismiss. The court granted the motion because the complaint alleged no facts showing that Metro had satisfied those contractual conditions.
Buckhannon Board and Care Home sued state officials seeking changes to licensing rules. After the state revised its policies, the home sought attorney fees under the catalyst theory. The court denied fees because the suit had never produced a judicially sanctioned change in the parties' legal relationship.
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RiverLine Freight sued two trucking firms for price fixing. Its complaint alleged only that the firms adopted identical fuel surcharges at the same time. The defendants moved to dismiss. The court granted the motion because the parallel conduct was equally consistent with lawful independent action.
Union members sued their employer for breach of a collective bargaining agreement. The complaint stated only that the employer had violated the contract without identifying any specific provision or conduct. The employer moved to dismiss. The court denied the motion because the allegations gave fair notice of the claim.
A citizen sued a city under section 1983 after police officers entered his home without a warrant. The complaint alleged only that the officers acted under color of state law. The city moved to dismiss. The court granted the motion because the pleading contained no facts showing an official policy or custom.
Investors sued an Australian bank in federal court alleging fraud in the purchase of shares on the Australian exchange. The complaint alleged no domestic transactions. The bank moved to dismiss. The court granted the motion because the facts did not show that the conduct occurred in the United States.
The defense may be raised in a pre-answer motion, in the answer itself, by motion for judgment on the pleadings, or at trial.
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The court accepts all well-pleaded factual allegations as true and draws reasonable inferences in the plaintiff's favor. Bare legal conclusions receive no weight.
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No. Allegations that are merely consistent with liability do not cross the plausibility threshold required to state a claim.
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No. Such motions are among the pretrial matters a district judge must decide personally rather than refer to a magistrate judge.
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…of any rights assured by the Fourteenth Amendment. Accordingly, I believe the complaint should have been dismissed for "failure to state a claim upon which relief can be granted." Fed. Rules Civ. Proc., Rule 12 (b) (6). It is at once essential to recognize this case for what it is. The issue here relates not to a method of state electoral apportionment by which…