/moh-SHUN tuh dih-SMIS for FAYL-yer tuh STAYT uh KLAYM/·procedural term
Also known as:motions to dismiss for failure to state a claim · 12(b)(6) motion · failure to state a claim · Rule 12(b)(6) motion
Written by attorneys · grounded in primary & secondary sources — see below
A pretrial motion by which a defendant asserts that the plaintiff's complaint fails to allege facts sufficient to support a claim for relief under the governing law. The court accepts well-pleaded factual allegations as true and draws reasonable inferences in the plaintiff's favor but disregards legal conclusions and formulaic recitations of elements. Dismissal follows when the complaint does not state a plausible claim on its face.
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How it applies
Common Examples
6
Antitrust Parallel Pricing Allegations
RiverLine Freight sued Pioneer Transport and Coastwide Logistics in federal court alleging an agreement to fix fuel surcharges. The complaint described nearly identical surcharge charts released at the same time and noted their appearance in industry newsletters but alleged no meetings, communications, or other facts indicating an actual agreement. The defendants filed a motion to dismiss for failure to state a claim. The court granted the motion because the pleaded facts were equally consistent with lawful conscious parallelism and did not nudge the claim across the plausibility threshold.
Transient Defendant Challenge
Madison Meyers sued Matthew Martinez in California state court over a contract dispute arising from a brief visit Martinez made to the state. Martinez moved to dismiss for failure to state a claim while also contesting personal jurisdiction on the ground that his transient presence did not support jurisdiction. The court addressed the Rule 12(b)(6) motion first and dismissed the complaint because the pleaded facts did not establish any breach or damages under the governing contract law.
Burnham v. Superior Court of Cal., County of Marin495 U.S. 604, 618, 110 S.Ct. 2105, 109 L.Ed.2d 631 (1990)
Fee-Shifting Catalyst Theory
Momentum Capital sued the West Virginia Department of Health and Human Resources seeking attorney fees after the agency changed its policy during litigation. The complaint alleged only that the lawsuit caused the change but contained no facts showing that the plaintiff obtained a judicially sanctioned alteration of the parties' legal relationship. The department moved to dismiss for failure to state a claim. The court granted the motion because the pleaded facts did not support entitlement to fees under the governing standard.
Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources532 U.S. 598 (2001)
Plausibility of Discrimination Claim
Mustafa Mahmoud sued federal officials alleging unconstitutional detention and search. The complaint recited the elements of Fourth and Fifth Amendment violations but supplied only conclusory assertions without factual content showing that the officers acted without legal authority. The defendants moved to dismiss for failure to state a claim. The court granted the motion because the allegations did not permit a reasonable inference of liability under the governing pleading standard.
Ashcroft v. Iqbal556 U.S. 662 (2009)
Notice Pleading of Contract Breach
Michael Miller sued Midwest Airlines for breach of an employment contract after termination. The complaint alleged the existence of a multi-year agreement and mid-contract termination without cause but provided no details about specific provisions breached. Midwest moved to dismiss for failure to state a claim. The court denied the motion because the allegations gave fair notice of the claim and satisfied the minimal requirements of the governing pleading rules.
Conley v. Gibson355 U.S. 41, 45-46 (1957)
Res Judicata Effect on New Suit
Metro Bank sued Semtek International Inc. in federal court on state-law claims that had previously been dismissed with prejudice in an earlier federal action. Semtek moved to dismiss for failure to state a claim on the ground that the prior dismissal barred relitigation. The court granted the motion because the pleaded facts established that the new complaint sought to relitigate the same claims already finally resolved.
Semtek International Inc. v. Lockheed Martin Corp.531 U.S. 497, 508–09 (2001)
Common questions
Frequently Asked
5
What standard does a court apply when ruling on a motion to dismiss for failure to state a claim?+
The court accepts all well-pleaded factual allegations as true and draws reasonable inferences in the plaintiff's favor but disregards legal conclusions. The complaint must contain enough factual matter to state a claim that is plausible on its face rather than merely conceivable.
Supporting sources
Can a defendant raise failure to state a claim after filing an answer?+
Yes. Under Rule 12(h)(2) the defense may be raised in a pleading, by motion for judgment on the pleadings, or at trial.
Does a motion to dismiss for failure to state a claim waive other Rule 12(b) defenses?+
No. The motion preserves the defense of failure to state a claim, which may be raised later, but omission of personal jurisdiction or venue from the motion waives those defenses under Rule 12(g) and 12(h).
Supporting sources
What happens when a complaint alleges only parallel conduct in an antitrust case?+
Parallel pricing without additional facts suggesting an agreement is consistent with lawful independent action. The court grants the motion because the allegations do not cross the plausibility line required to state a conspiracy claim.
Supporting sources
Must a plaintiff attach evidence to survive a motion to dismiss for failure to state a claim?+
No. The motion tests the legal sufficiency of the pleadings, not the existence of proof. A plaintiff need only allege facts that, taken as true, state a plausible claim.
Supporting sources
or through a
motion
for summary judgment. Fed.
Rule
s Civ. Proc.
12(b)(6)
and 56. He can use relatively inexpensive methods of discovery, such as oral deposition by telephone (
Rule
…
dismiss
ed the complaint for lack of federal jurisdiction under 28 U. S. C. § 1331 (a) and
failure to state a claim
for which relief may be granted. 276 F. Supp. 12 (EDNY 1967). On appeal, the Court of Appeals concluded, on the basis of this Court's decision in Bell v. Hood , 327 U. S. 678 (1946), that…
ed the complaint for
failure to state a claim
upon which relief can be granted. The District Court acknowledged that plaintiffs may allege a conspiracy by citing instances of parallel business behavior that suggest an agreement, but…
motion to dismiss for failure to state a claim
, or the absence of frivolousness—is scant protection for the innocent. [5] That a few cases adopting the catalyst theory predate Hewitt v. Helms , 482 U. S. 755 (1987), see post , at…
Civil ProcedureJurisdiction and venue · Federal subject-matter jurisdictionNEXTGENFoundational