Also known as: fail to state a claim · failing to state a claim · failure to state a claim · FRCP 12(b)(6) · 12(b)(6) defense
Written by attorneys · grounded in primary & secondary sources — see below
A defense asserting that the facts alleged in a pleading, even if proven true, would not entitle the claimant to any remedy recognized by law.
Francois Fortier sued Flagship Logistics after a delivery driver caused an accident, alleging only that the company had employed the driver. The company moved to dismiss before answering. The court granted the motion because the complaint supplied no facts showing that Flagship owed or breached any duty to Fortier.
Forrest Falconer challenged a state legislative apportionment plan, claiming his vote was diluted. The state moved to dismiss. The court granted the motion because the complaint alleged no facts showing that the plan violated any constitutional right to equal representation.
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Fatima Flores sued several telephone carriers alleging they conspired to block competition. The carriers moved to dismiss. The court granted the motion because the complaint described only parallel conduct and supplied no facts plausibly suggesting an agreement.
Fabian Flynn sued federal officials alleging they subjected him to harsh conditions because of his religion. The officials moved to dismiss. The court granted the motion because the complaint contained only conclusory assertions and no facts supporting a plausible claim of discriminatory intent.
Faith Fitzgerald sued her union alleging it failed to represent her fairly. The union moved to dismiss. The court denied the motion because the complaint gave the union fair notice of the claim and the grounds on which it rested.
Flora Ford sued city police officers alleging they broke into her home without a warrant. The officers moved to dismiss. The court denied the motion because the complaint alleged facts that, if proven, would establish a violation of clearly established constitutional rights.
A defendant may raise the defense by pre-answer motion under Rule 12(b)(6) or in the answer. The defense is not waived if omitted from an initial motion and may be raised later by motion for judgment on the pleadings or at trial.
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The court must accept all well-pleaded factual allegations as true and draw all reasonable inferences in the plaintiff's favor. It need not accept legal conclusions or threadbare recitals of elements.
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A 12(b)(6) motion tests only the legal sufficiency of the pleadings before discovery. Summary judgment tests whether the evidentiary record shows a genuine dispute of material fact after discovery has occurred.
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The court may grant a motion to dismiss because purely emotional harm is not compensable in negligence absent bodily injury or another recognized exception. The determination whether the alleged harm is legally cognizable is a question of law for the court.
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…injured his reputation as a lawyer and a citizen. Before filing an answer, respondent moved to dismiss the complaint for failure to state a claim upon which relief could be granted, apparently on the ground that petitioner failed to allege special damages. But the court ruled that statements contained in the article constituted libel…