Also known as: motion to dismiss · motion to dismiss for failure to state a claim · 12(b)(6) motion · MTD · Rule 12(b)(6) motion
Written by attorneys · grounded in primary & secondary sources — see below
A procedural device by which a party asks the court to terminate an action or claim before trial. The device tests whether the pleading states a viable claim or whether other defects such as lack of jurisdiction or improper grand jury composition require early dismissal.
Maurice Marshall sued Meridian Motors alleging employment discrimination. His complaint stated only that the company had acted with discriminatory intent and had treated him differently from others. The court disregarded the conclusory statements, found no well-pleaded facts showing plausibility, and granted the motion to dismiss.
Miles Montgomery was indicted on federal charges. He moved to dismiss the indictment, claiming one grand juror lacked legal qualification. The record showed twelve qualified jurors had concurred, so the court denied the motion.
Select any source to read its text and confirm it supports the definition.
Melanie Morris challenged state legislative districts in federal court. Defendants moved to dismiss for lack of jurisdiction. The court found the claim presented a justiciable controversy and denied the motion.
Mustafa Mahmoud sued several telecom firms for antitrust conspiracy. The complaint alleged only parallel pricing behavior without facts showing an agreement. The court granted the motion to dismiss because the allegations did not cross the line from possible to plausible.
Megan Moore sued Majestic Construction in state court despite a contractual clause designating another forum. The defendant moved to dismiss. The court enforced the clause and dismissed the action.
Miranda Morales sued Mosaic Retail in a state where the company had no offices or purposeful contacts. The defendant moved to dismiss for lack of personal jurisdiction. The court granted the motion because the claim bore no relation to any forum activity.
Courts disregard conclusory allegations and ask whether the remaining well-pleaded facts make the claim plausible rather than merely possible. If the facts do not support a plausible entitlement to relief, the motion is granted.
Supporting sources
A defendant may object to the grand jury or an individual juror's qualification before trial unless the court has already ruled on the same objection. Dismissal is unavailable if at least twelve qualified jurors concurred in the indictment.
Supporting sources
No. A general appearance that raises a merits question or seeks relief the court can grant only with jurisdiction constitutes a general appearance even if the defendant simultaneously protests jurisdiction.
Supporting sources
A plaintiff may obtain dismissal only by court order on terms the court finds proper. The action may be dismissed over the defendant's objection only if the counterclaim can remain pending for independent adjudication.
Supporting sources
…the highest number of votes to be declared elected. They also prayed for such other and further relief as might be appropriate. Motions to dismiss for want of jurisdiction of the subject matter and for failure to state a claim were made and granted, 179 F. Supp. 824, the District Court relying upon this Court's series of decisions…