Also known as: motions for dismissal · motion to dismiss
Written by attorneys · grounded in primary & secondary sources — see below
A procedural request by which a party asks the court to terminate an action or indictment without a full trial on the merits. The moving party must show that the pleadings fail to state a plausible claim, that a procedural defect exists in the charging instrument, or that another ground for early termination is present under the applicable rules. Courts evaluate the motion by accepting well-pleaded facts as true while disregarding conclusory allegations.
Monica Morgan sued Monarch Pharmaceuticals alleging that a drug caused her injury. Her complaint stated only that the company knew the product was dangerous and failed to warn users. Monarch moved to dismiss. The court disregarded the conclusory assertions and found no well-pleaded facts showing the company had actual knowledge of the risk, so it granted the motion.
Miles Montgomery was indicted on fraud charges. He discovered that one grand juror had been convicted of a felony and was therefore unqualified. Montgomery filed a motion to dismiss the indictment on that ground. The court denied the motion after confirming that twelve qualified jurors had concurred in the indictment.
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Mustafa Mahmoud sued Millennium Media claiming the studio conspired with competitors to fix prices. The complaint described only that all studios raised prices at the same time. Millennium moved to dismiss. The court held that parallel conduct alone did not plausibly suggest an agreement and granted the motion.
Melanie Morris and other residents sued a village alleging its zoning rules blocked affordable housing. The village moved to dismiss for lack of standing. The court examined whether the plaintiffs had shown a concrete injury traceable to the ordinance and granted the motion when the allegations remained too speculative.
Mohan Malhotra sued a Florida trust in a New York court over a will contest. The trust moved to dismiss for lack of personal jurisdiction. The court found the trust had no purposeful contacts with New York and granted the motion, requiring the plaintiff to refile elsewhere.
Ming Ma sued an electrical cooperative in federal court under diversity jurisdiction. The cooperative moved to dismiss, arguing state law required a jury finding on an immunity defense. The court denied the motion after determining that federal procedure governed the timing of the defense.
A complaint must contain well-pleaded factual allegations that plausibly suggest an entitlement to relief. Conclusory statements are disregarded. The remaining facts must make the claim more than merely possible.
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A defendant may move to dismiss when an objection exists to the grand jury or to an individual juror's legal qualification. The motion is unavailable if the court already ruled on the same objection. Dismissal is improper if at least twelve qualified jurors concurred in the indictment.
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No. The motion tests only whether the complaint states a plausible claim assuming the well-pleaded facts are true. It does not resolve factual disputes or decide whether the plaintiff will ultimately prevail.
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The action may be dismissed only by court order on terms the court finds proper. Dismissal over the defendant's objection is allowed only if the counterclaim can remain pending for independent adjudication.
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…May 1974, a municipal court found Mrs. Moore guilty of violating the single-family occupancy ordinance. The court overruled her motion to dismiss the charge, rejecting her claim that the ordinance's definition of "family" is invalid on its face under the United States Constitution. The Ohio Court of Appeals affirmed on the authority…