Also known as: states a claim upon which relief can be granted · stating a claim upon which relief can be granted · stated a claim upon which relief can be granted · failure to state a claim · 12(b)(6)
Written by attorneys · grounded in primary & secondary sources — see below
A ground for dismissal of a complaint when the pleading fails to allege facts that would entitle the plaintiff to any remedy under the governing law. The inquiry focuses on the legal sufficiency of the claim rather than the truth of the facts asserted.
Samuel Soto sued Spectrum Financial alleging breach of an oral loan agreement but omitted any facts showing mutual assent or consideration. Spectrum moved to dismiss. The court granted the motion because the complaint supplied no facts that could support recovery even if taken as true.
Scott Summers alleged that federal officials subjected him to harsh conditions solely because of his religion but offered only conclusory assertions of discriminatory intent. The officials moved to dismiss. The court granted the motion because the complaint did not contain enough factual matter to state a plausible claim for relief.
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Sabrina Shah sued several officers under Section 1983 claiming an unlawful search but failed to allege any facts connecting the officers to the conduct. The officers moved to dismiss. The court granted the motion because the complaint did not state a claim upon which relief could be granted against those defendants.
Spencer Silver alleged corporate fraud but supplied only scattered facts that did not collectively give rise to a strong inference of scienter. The company moved to dismiss. The court granted the motion because the complaint failed to state a claim meeting the heightened pleading standard.
Sylvia Santos asserted a RICO claim based on alleged mail fraud but did not plead facts showing the required pattern of racketeering activity. The defendants moved to dismiss. The court granted the motion because the complaint failed to state a claim upon which relief could be granted under the statute.
Steven Silva sued a chemical shipper for negligence after a spill but alleged no facts showing the shipper owed him a duty of care. The shipper moved to dismiss. The court granted the motion because the complaint failed to state a claim upon which relief could be granted.
The court accepts all well-pleaded factual allegations as true and determines whether those facts, if proven, would entitle the plaintiff to relief under the law. Conclusory statements and legal conclusions receive no weight.
Yes. The motion tests only the legal sufficiency of the pleading, not whether the plaintiff will win. If the complaint fails to allege a cognizable claim, dismissal is proper regardless of later evidence.
No. Whether a claim is legally sufficient is a merits question addressed under Rule 12(b)(6), not a jurisdictional issue under Rule 12(b)(1).
…United States." The District Court dismissed 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…