Rule 12(B)(6) Motion To Dismiss

1,198 Florida cases classified under this topic, plus 1,504 listed through its narrower topics · sorted by citation count · browse and sort

• Gregoire v. Biddle
  177 F.2d 579· 2d Cir.· 1949-10-24 ·cited 425×
  Government officials acting within the scope of their duties, even if maliciously motivated, are absolutely immune from civil liability.
• Marsh v. Butler Cnty.
  268 F.3d 1014· 11th Cir.· 2001-09-26 ·cited 287×
  The Eleventh Circuit reversed the district court's grant of qualified immunity to the Sheriff regarding the abandonment of Owens, finding that the allegations, when reasonably inferred, suggested the deputy acted pursuant to the Sheriff's custom or policy. However, the court affi
• United Techs. Corp. v. Mazer
  556 F.3d 1260· 11th Cir.· 2009-02-05 ·cited 224×
  United Technologies Corporation sued West-Hem Aircraft Supplies and Aircraft Power Maintenance for theft and sale of Pratt & Whitney aircraft engine blueprints that were stolen by a Pratt employee and sold through West-Hem to APM. The district court dismissed the complaint agains
• Eastway Constr. Corp. v. The City OF NEW York
  762 F.2d 243· 2d Cir.· 1985-05-21 ·cited 223×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the district court erred in denying the municipal defendants' motion for attorneys' fees incurred in defending against Eastway's civil rights claim, as the claim was unreasonable and groundless.
• Burger King Corp. v. Ashland Equities, Inc.
  2002 WL 92806· S.D. Fla.· 2002-01-08 ·cited 209×
  The court denied the plaintiff's motion for reconsideration, finding that the cited case did not alter the prior ruling that the defendants had sufficiently pleaded a claim for tortious interference with contractual relations.
• Chatham Asset Mgmt., LLC v. Papanier
  Del. Ch.· 2017-12-22 ·cited 159×·via Rule 12(B)(6)
  The Court granted in part and denied in part the defendants' motion to dismiss the Verified Amended Complaint. The Court found that Count I, alleging a breach of fiduciary duty of disclosure, stated a claim for relief, particularly concerning the possibility of nominal damages. H
• Anne C. Lotierzo v. A Woman's World Med. Ctr., Inc.
  278 F.3d 1180· 11th Cir.· 2002-01-07 ·cited 157×
  Abortion counselors appealed dismissal of their FACE Act claim against clinic escorts and employees who allegedly interfered with their sidewalk counseling outside an abortion clinic. The Eleventh Circuit affirmed dismissal of most claims because the counselors failed to allege t
• Thompson v. Kindred Nursing Ctrs. E., LLC
  211 F. Supp. 2d 1345· M.D. Fla.· 2002-04-16 ·cited 154×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the plaintiff's amended complaint sufficiently stated claims for negligence and violation of nursing home residents' rights, and that the defendant's motions to dismiss and strike were denied.
• Timberlane Lumber Co. v. Bank OF Am.
  549 F.2d 597· 9th Cir.· 1976-12-27 ·cited 141×·via Rule 12(B)(6) Dismissal
  The court held that the district court erred in dismissing the antitrust action based on the act of state doctrine and lack of jurisdiction, and that the plaintiffs should have been afforded an opportunity for full discovery.
• Rosalba Cisneros v. Petland, Inc.
  972 F.3d 1204· 11th Cir.· 2020-08-25 ·cited 139×
  Rosalba Cisneros purchased a sick puppy from Petland that died within days and sued under the federal Racketeer Influenced and Corrupt Organizations Act (RICO), alleging a nationwide conspiracy to defraud customers by selling sick animals. The Eleventh Circuit affirmed dismissal
• Tomas Menchaca and wife v. Chrysler Credit Corp.
  613 F.2d 507· 5th Cir.· 1980-03-07 ·cited 130×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The dissenting judge would reverse the district court's dismissal and remand for trial, arguing that the jurisdictional issue was factually intertwined with the merits and should not have been decided summarily.
• The Exch. Nat'l Bank OF Chicago v. Touche Ross & Co.
  544 F.2d 1126· 2d Cir.· 1976-06-09 ·cited 128×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the notes at issue were not securities within the meaning of the Securities Act of 1933 and the Securities Exchange Act of 1934, as they were issued in a commercial context to finance a business, rather than for investment purposes.
• Bogosian v. Gulf OIL Corp.
  561 F.2d 434· 3d Cir.· 1977-07-21 ·cited 127×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that a complaint alleging "interdependent consciously parallel action" to impose tie-in agreements, when read liberally and alleging a "combination," sufficiently states a claim under Section 1 of the Sherman Act, and that summary judgment was improperly granted wi
• Roseann Michelle Gill v. Grady Judd
  941 F.3d 504· 11th Cir.· 2019-10-21 ·cited 122×·via Rule 12(B)(6) Dismissal
  A minor arrested for aggravated stalking after another student's suicide sued under federal civil rights law, alleging that Deputy McKinney lacked probable cause to arrest her and violated her Fourth Amendment rights by entering her home without consent or a warrant. The Eleventh
• Ellis v. Carter
  291 F.2d 270· 9th Cir.· 1961-05-31 ·cited 114×·via Rule 12(B)(6)
  The court held that the district court had jurisdiction under Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934, and that the amended complaint stated a claim upon which relief could be granted, requiring reversal of the dismissal.
• Morgan v. Bank OF Waukegan
  804 F.2d 970· 7th Cir.· 1986-10-23 ·cited 112×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that plaintiffs sufficiently alleged a pattern of racketeering activity and that the Bank could be both a defendant and an enterprise under RICO § 1962(a), reversing the dismissal of the complaint.
• Carpenters Local Union NO. 1846 OF the United Bhd. OF Carpenters & Joiners OF Am., AFL-CIO v. Pratt-Farnsworth, Inc.
  690 F.2d 489· 5th Cir.· 1982-11-04 ·cited 112×·via Rule 12(B)(6) Standard
  The court held that section 301 claims against non-signatory AGC defendants were properly dismissed for lack of a contractual relationship, but claims against Farnsworth should be remanded, and claims against Halmar based on single employer/alter ego theories require further deve
• Airborne Health, Inc. v. Squid Soap, LP
  Del. Ch.· 2010-07-20 ·cited 110×
  The court granted the motion to dismiss Squid Soap's counterclaim for extra-contractual fraud. The court found that Airborne's statements about its business were mere puffery and not false representations of material fact. Furthermore, Airborne did not engage in active concealmen
• Boazman v. Econ. Lab., Inc.
  537 F.2d 210· 5th Cir.· 1976-08-20 ·cited 103×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that dismissal for want of prosecution, even without prejudice, is reversible error when the statute of limitations may bar refiling and the conduct was not contumacious, and that summary judgment cannot be granted solely for failure to respond without the movant m
• Bennett v. Berg
  685 F.2d 1053· 8th Cir.· 1982-08-11 ·cited 100×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that plaintiffs adequately alleged an "enterprise" distinct from the pattern of racketeering and that a commercial or competitive injury is not required for standing under RICO. However, the court found that Count II failed to properly allege the "enterprise" disti
• Chabad Chayil, Inc. v. The Sch. Bd. of Miami-Dade Cnty. Fla.
  48 F.4th 1222· 11th Cir.· 2022-09-08 ·cited 97×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the plaintiff failed to sufficiently allege municipal liability under Monell because the superintendent lacked final policymaking authority and that the plaintiff failed to establish an official policy or
• Henley v. Payne
  945 F.3d 1320· 11th Cir.· 2019-12-30 ·cited 97×
  The Eleventh Circuit held that Heck v. Humphrey does not bar a § 1983 false arrest claim when the underlying criminal charge was dismissed, not invalidated, and does not share common elements with unrelated convictions. The court also found that a false imprisonment claim can lie
• Coy Ray Campbell v. Beto
  460 F.2d 765· 5th Cir.· 1972-04-18 ·cited 93×·via Rule 12(B)(6) Dismissal
  The court held that the district court erred in refusing to docket the prisoner's suit, dismissing it without an opportunity for evidence, and denying an in forma pauperis appeal.
• DOE v. United States Dep't of Just.
  753 F.2d 1092· D.C. Cir.· 1985-02-01 ·cited 90×
  The dissenting judge would remand the Bivens claims to allow the plaintiff to amend her complaint to allege timely publication of defamatory statements.
• Eaton v. Dorchester Dev., Inc.
  692 F.2d 727· 11th Cir.· 1982-11-29 ·cited 90×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  A district court's dismissal for lack of subject matter jurisdiction was premature when the jurisdictional facts were intertwined with the merits of the case and discovery was incomplete.
• Battle v. Cent. State Hosp.
  898 F.2d 126· 11th Cir.· 1990-04-12 ·cited 89×
  The court held that a district court may not dismiss an in forma pauperis complaint under 28 U.S.C.A. § 1915(d) unless the claims lack an arguable basis in law or fact, a standard distinct from Rule 12(b)(6) dismissals.
• Rose v. Bartle
  871 F.2d 331· 3d Cir.· 1989-03-20 ·cited 89×
  The court held that the district court's notice of converting motions to dismiss into motions for summary judgment was ambiguous, denying plaintiffs adequate opportunity to oppose. However, the court will affirm in part and reverse in part based on whether plaintiffs could prove
• Colburn v. Upper Darby Twp.
  838 F.2d 663· 3d Cir.· 1988-01-26 ·cited 88×
  The dissenting judge argues that allegations of gross negligence or deliberate indifference are insufficient to sustain a due process § 1983 claim, which requires pleading intentional action, abuse of power, or actions tantamount to intent.
• Robison v. VIA
  821 F.2d 913· 2d Cir.· 1987-06-17 ·cited 88×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the force used by Harrison was not constitutionally excessive, and therefore summary judgment should be granted on the excessive force claim.
• Gaines v. Haughton
  645 F.2d 761· 9th Cir.· 1981-05-18 ·cited 85×·via Rule 12(B)(6)
  The court held that a special litigation committee's good faith decision to terminate derivative claims is dispositive, and that shareholders who did not rely on allegedly misleading proxy solicitations lack standing for a direct § 14(a) claim.
• Quiller v. Barclays American/Credit, Inc.
  727 F.2d 1067· 11th Cir.· 1984-03-19 ·cited 83×
• Bennett v. Berg
  710 F.2d 1361· 8th Cir.· 1983-07-11 ·cited 81×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that plaintiffs have standing to assert RICO civil remedies and have sufficiently alleged an enterprise distinct from the pattern of racketeering, but affirmed dismissal of the equitable relief claim.
• Westlake v. Lucas
  537 F.2d 857· 6th Cir.· 1976-06-29 ·cited 80×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  A prisoner states a proper cause of action when alleging denial of reasonable medical treatment requests in the face of obvious need, exposing the inmate to undue suffering or threat of residual injury.
• United States ex rel. Frank Esola v. Groomes
  520 F.2d 830· 3d Cir.· 1975-08-05 ·cited 80×
  The court held that a federal question is presented by the petition for habeas corpus, and the case must be remanded for further proceedings.
• Ezell Littleton v. Peyton Berbling
  468 F.2d 389· 7th Cir.· 1972-10-06 ·cited 79×
  The dissenting judge holds that federal courts lack the power to issue mandatory injunctions regulating the discretion of state court judges and prosecutors, and that state officials are immune from damage claims for acts within their official duties.
• Cont'l Collieries, Inc. v. Shober, Jr.
  130 F.2d 631· 3d Cir.· 1942-09-14 ·cited 77×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that a motion to dismiss for failure to state a claim is inappropriate when the complaint alleges facts that, if proven, could entitle the plaintiff to relief, even if the Statute of Frauds might apply.
• Williams v. Ward
  556 F.2d 1143· 2d Cir.· 1977-05-26 ·cited 76×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that a prisoner's claim for access to and rebuttal of information in his institutional files, which may affect parole, is a civil rights action under 42 U.S.C. § 1983, not a habeas corpus petition, and thus does not require exhaustion of state remedies.
• Ralph E. Nishiyama and wife v. Dickson Cnty.
  814 F.2d 277· 6th Cir.· 1987-03-18 ·cited 74×
  The court held that the plaintiffs' allegations of gross negligence by sheriffs in entrusting a patrol car to a convicted felon, who then murdered the plaintiff's daughter, stated a claim for deprivation of life without due process under 42 U.S.C. § 1983.
• Adams v. Pate
  445 F.2d 105· 7th Cir.· 1971-06-23 ·cited 74×
  The court held that the district court did not err in dismissing the inmate plaintiffs' complaints for failure to state a claim or as frivolous.
• Goldman v. G.C. Belden, Jr.
  754 F.2d 1059· 2d Cir.· 1985-02-12 ·cited 73×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the amended complaint adequately stated a claim under § 10(b) and Rule 10b-5, and that the district court improperly dismissed the complaint and imposed sanctions.
• Mahone v. Waddle
  564 F.2d 1018· 3d Cir.· 1977-08-24 ·cited 73×
  The court held that a cause of action under 42 U.S.C. § 1981 cannot be asserted against a municipality, and municipalities are not subject to suits for damages under the Fourteenth Amendment.
• Morgan v. City OF Rawlins & Abe DeHerrera
  792 F.2d 975· 10th Cir.· 1986-06-03 ·cited 72×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the district court erred in dismissing the federal action based on res judicata, as the prior state court proceeding did not constitute a full and fair adjudication of the § 1983 claims, and the defendant DeHerrera was not in privity with the City for the purp
• Am. Nurses' Ass'n v. State OF Ill.
  783 F.2d 716· 7th Cir.· 1986-02-18 ·cited 72×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  A failure to pay employees in accordance with comparable worth principles, without more, does not violate Title VII or the Equal Protection Clause; plaintiffs must allege intentional discrimination.
• Kadar Corp. v. Milbury
  549 F.2d 230· 1st Cir.· 1977-02-15 ·cited 72×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that a complaint must allege specific overt acts to support claims of conspiracy and civil rights violations, and that causes of action accrue at the time of invasion, not the last overt act.
• Chongris v. Bd. OF Appeals OF the Town OF Andover
  811 F.2d 36· 1st Cir.· 1987-02-12 ·cited 70×·via Rule 12(B)(6) Dismissal
  The court held that the plaintiffs failed to state federally cognizable causes of action under 42 U.S.C. § 1983, as their claims regarding building permit revocation and victualler's license denial did not violate due process or constitutional rights.
• Jackam v. Hosp. Corp. OF Am. Mideast, Ltd.
  800 F.2d 1577· 11th Cir.· 1986-10-08 ·cited 70×
  The court held that the district court erred in dismissing the complaint for lack of personal jurisdiction and failure to state a claim, and that the plaintiffs should be allowed to conduct discovery on their agency and joint employer theories and to present parol evidence regard
• Salvadore Rotolo v. The Borough OF Charleroi
  532 F.2d 920· 3d Cir.· 1976-03-22 ·cited 70×
  The court held that the district court erred in dismissing civil rights complaints without allowing the plaintiff an opportunity to amend, particularly regarding jurisdictional allegations and conclusory factual claims.
• Associated Builders, Inc. v. Ala. Power Co.
  505 F.2d 97· 5th Cir.· 1974-12-13 ·cited 70×·via Rule 12(b)(6), Fed. R. Civ. P.
  The court held that the prospectus was not misleading as a matter of law, and therefore the plaintiff failed to state a claim under the federal securities laws.
• Kenneth F. Hackett & Assocs., Inc. v. GE Cap. Info. Tech. Solutions, Inc.
  744 F. Supp. 2d 1305· S.D. Fla.· 2010-10-08 ·cited 69×
  The court held that a claim for declaratory judgment is not necessarily duplicative of a breach of contract claim, and that a FDUTPA claim can proceed against both the financing company and the distributor for alleged deceptive practices.
• Arnold v. Bd. OF Educ. OF Escambia Cnty.
  880 F.2d 305· 11th Cir.· 1989-08-10 ·cited 69×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that coercing a minor to abort violates her constitutional right to privacy and that coercing minors to refrain from consulting parents violates parental rights to direct upbringing. It also held that compelling action against religious beliefs can violate free exe