Also known as: 12(b)(6) · Rule 12(b)(6) motion · 12b6 motion · motion to dismiss · failure to state a claim
Written by attorneys · grounded in primary & secondary sources — see below
A defense asserting that the plaintiff's complaint fails to state a claim upon which relief can be granted. The court accepts all well-pleaded factual allegations as true and draws all reasonable inferences in the plaintiff's favor. If those facts do not plausibly entitle the plaintiff to relief, the claim is dismissed without reaching the merits.
Ruby Rivera sued Regal Apparel after her employment ended, alleging only that she felt mistreated. Regal Apparel moved to dismiss under Rule 12(b)(6). The court accepted the factual allegations as true but found no recognized cause of action supporting relief. The complaint was dismissed at the outset.
Rhea Reynolds filed suit against Raven Logistics claiming a conspiracy among carriers but offered only labels and conclusions. The defendant moved to dismiss. The court disregarded the bare assertions, examined the remaining factual allegations, and determined they failed to make the claim plausible. Dismissal followed.
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Roberto Reyes moved to dismiss the indictment after the government presented evidence to the grand jury. The motion invoked failure to state a claim. The court applied the governing standards and denied relief because twelve qualified jurors had concurred. The case proceeded to trial.
Ryan Roberts sued Royal Crest Hotels alleging parallel pricing but supplied no facts showing an agreement. The defendant filed a Rule 12(b)(6) motion. The court held that the allegations did not cross the line from conceivable to plausible. The complaint was dismissed.
Raymond Ramos challenged an agency structure in federal court. The defendant moved to dismiss for failure to state a claim. The court evaluated whether the well-pleaded facts supported the asserted constitutional violation. Finding the allegations insufficient, it granted the motion.
Ronald Reed refiled a contract action previously resolved in another forum. The defendant moved under Rule 12(b)(6) asserting preclusion. The court accepted the prior judgment's preclusive effect and dismissed the new complaint without further proceedings.
The court accepts all well-pleaded factual allegations as true and draws reasonable inferences in the plaintiff's favor. It then determines whether those facts plausibly state a claim for relief rather than merely a possible one.
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Yes. Although the defense is ideally raised in a pre-answer motion, Rule 12(h)(2) permits it to be raised later by motion for judgment on the pleadings or at trial.
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A 12(b)(6) motion tests only the legal sufficiency of the pleadings and assumes the facts alleged are true. Summary judgment examines the actual evidence after discovery to determine whether a genuine dispute of material fact exists.
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The claim is dismissed. Unless the court specifies otherwise or the plaintiff obtains leave to amend, the dismissal is typically without prejudice to refiling a corrected complaint.
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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…