Also known as: 12(b)(6) motion · Rule 12(b)(6) · 12b(6) motion · motion to dismiss · 12(b)(6) · failure to state a claim
Written by attorneys · grounded in primary & secondary sources — see below
A procedural device allowing a defendant to seek dismissal of a complaint that fails to state a claim upon which relief can be granted. Courts disregard conclusory allegations and require well-pleaded facts that make the claim plausible rather than merely possible.
Raymond Ramos sued Radiance Media for breach of contract. His complaint alleged only that the parties had discussed a deal and that he suffered losses. Radiance Media filed a Rule 12(b)(6) motion. The court dismissed the action because the pleading contained no facts establishing an enforceable agreement or resulting damages.
Renata Russo filed a complaint against Rhapsody Entertainment claiming antitrust violations. She asserted that the defendant conspired to fix prices but supplied only labels and conclusions without supporting facts. Rhapsody Entertainment moved to dismiss. The court granted the motion after finding that the remaining allegations failed to state a plausible claim.
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Rita Ruiz sued her former employer for Title VII discrimination. The complaint stated only that she was treated unfairly and felt discriminated against. The employer filed a Rule 12(b)(6) motion. The court dismissed because the pleading lacked facts showing an adverse action tied to a protected characteristic.
Rina Rahman sued Regal Apparel alleging a pattern of racketeering activity. The complaint recited statutory elements but provided no concrete facts showing predicate acts or a continuing enterprise. Regal Apparel filed a Rule 12(b)(6) motion. The court dismissed the complaint for failure to meet the plausibility threshold.
Rita Russell sued Rising Sun Electronics in state court despite a contractual forum selection clause designating federal court. Rising Sun Electronics moved to dismiss. The court granted the motion after determining that the clause rendered the complaint legally insufficient in that forum.
Ricardo Rojas filed a new action against Regal Apparel raising claims that had been resolved in a prior federal judgment. Regal Apparel moved to dismiss. The court granted the motion because the complaint failed to state a claim that could proceed in light of the earlier adjudication.
The complaint must allege facts that, taken as true, state a plausible claim for relief. Mere labels, conclusions, or formulaic recitations of elements are insufficient. Courts disregard conclusory statements and examine whether the remaining well-pleaded facts support entitlement to relief.
Supporting sources
A Rule 12(b)(6) motion tests only the legal sufficiency of the pleadings. A summary judgment motion tests whether the evidence creates a genuine issue of material fact. The former relies solely on the complaint while the latter may incorporate discovery materials.
Failure to state a claim may be raised in a motion for judgment on the pleadings or at trial. The defense is not waived by failing to assert it in a pre-answer motion.
Supporting sources
A dismissal for failure to state a claim is typically with prejudice and operates as an adjudication on the merits unless the court specifies otherwise. Plaintiffs often receive leave to amend when the defect can be cured.
…in the federal system, a transient defendant can avoid protracted litigation of a spurious suit through a motion to dismiss for failure to state a claim or through a motion for summary judgment. Fed. Rules Civ. Proc. 12(b)(6) and 56. He can use relatively inexpensive methods of discovery, such as oral deposition by telephone (Rule…