Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)

158 Florida cases classified under this topic · sorted by citation count · browse and sort

• Castillo v. Cook Cnty. Mail Room Dep't
  990 F.2d 304· 7th Cir.· 1993-03-30
  The court held that the plaintiff's allegations of unintentional and isolated negligence in mail handling do not support a claim under 42 U.S.C. § 1983.
• Wade v. Hopper
  993 F.2d 1246· 7th Cir.· 1993-02-17
  The court held that the district court did not abuse its discretion in denying leave to amend the complaint, properly dismissed the RICO and Bivens claims, and correctly applied res judicata to bar the unreasonable search claim.
• In re Lyondell Petrochemical Co. Sec. Litig. Joseph H. Levit v. Lyondell Petrochemical Co.
  984 F.2d 1050· 9th Cir.· 1993-01-29
  A company has no duty to disclose internal financial projections to the public, even if disclosed to a lender, unless those projections are based on existing negative factors known to the company and affect the veracity of forward-looking statements.
• Eatz v. The DME Unit OF Local Union No. 3 OF the Int'l Bhd. OF Elec. Workers, AFL-CIO
  973 F.2d 64· 2d Cir.· 1992-08-07
  The court held that when the National Labor Relations Board declines to exercise its jurisdiction over an industry, the duty of fair representation for employees in that industry is governed by state law, not federal law, and federal courts lack jurisdiction over such claims.
• Comm. IN Solidarity With THE People OF EL Salvador (Cispes) v. Sessions
  929 F.2d 742· D.C. Cir.· 1991-04-12
  The court held that the plaintiffs' claims were moot because the FBI voluntarily transferred the disputed files to the National Archives, and the remaining claims regarding other agencies' files were too speculative to warrant injunctive relief.
• Judson Warren White v. C.M. White
  886 F.2d 721· 4th Cir.· 1989-10-03
  The district court did not abuse its discretion in dismissing the pro se complaint as frivolous because it lacked factual allegations to support the claim of denial of meaningful access to the courts.
• Leydell Baker v. McNEIL Island Corr. Ctr.
  859 F.2d 124· 9th Cir.· 1988-10-12
  The court held that a prisoner's complaint alleging racial discrimination in denial of a prison job assignment stated a claim under Title VII, and the district court erred in dismissing it.
• Laurales v. Desha Cnty. Sch. Dist. # 4 OF Snowlake
  632 F.2d 72· 8th Cir.· 1980-10-20
  The Florida Supreme Court quashed a district court's decision, holding that a tavern owner can be liable for patron injuries caused by third parties if the owner knew or should have known of the likelihood of general disorderly conduct, not solely based on knowledge of a specific