Also known as: throws out · threw out · thrown out · throwing out · dismiss · reject
Written by attorneys · grounded in primary & secondary sources — see below
A judicial action by which a court terminates a pending claim or lawsuit without reaching the merits.
Tyler Taylor filed a state-law contract claim in federal district court against Titan Industries without alleging diversity or a federal question. The court examined the pleadings and determined it had no subject-matter jurisdiction over the dispute. It therefore threw out the entire action under the governing rule.
Tonya Takahashi sued Torchlight Media for defamation but offered only bare assertions that the statements were false and damaging. The court disregarded the conclusory statements and found the remaining facts insufficient to make the claim plausible. It threw out the complaint for failure to state a claim.
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Tanya Tang was named trustee in a revocable trust but took no steps to accept the role after learning of the designation. More than a reasonable time passed without any indication of acceptance. She was deemed to have rejected the trusteeship, preventing any later attempt to exercise trustee powers.
Trevor Tate moved to dismiss an indictment after discovering one grand juror lacked legal qualification. The record showed that at least twelve qualified jurors had concurred in the indictment. The court denied the motion because the statutory safeguard prevented dismissal on that ground.
Tobias Thomas, as trustee, received an offer to add real property to an existing trust. After reviewing the terms, he decided the addition would create unacceptable administrative burdens. He rejected the addition under his statutory powers and the court upheld that decision.
Topaz Mining challenged a municipal zoning ordinance that restricted its planned industrial use of land. The court applied the established standard for reviewing land-use regulations and found the ordinance constitutional. It threw out the complaint and upheld the zoning restriction.
A court must throw out the action at any time it determines subject-matter jurisdiction is absent. The obligation applies even after the parties have litigated other issues or proceeded to trial.
No. The court must disregard conclusory allegations and assess whether the remaining well-pleaded facts plausibly support relief. Mere possibility of liability is insufficient to survive the motion.
The designated trustee is deemed to have rejected the trusteeship if acceptance does not occur within a reasonable time after learning of the designation. Rejection prevents the person from later exercising trustee powers.
No. The court may not dismiss the indictment on that ground if the record shows at least twelve qualified jurors concurred. The motion is also subject to timing and procedural limits under 28 U.S.C. § 1867(e).
…proceedings against him. We reverse the judgment of the District Court insofar as it granted Dr. Hallford relief and failed to dismiss his complaint in intervention. C. The Does. In view of our ruling as to Roe's standing in her case, the issue of the Does' standing in their case has little significance. The claims…