Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim

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

• Eastway Constr. Corp. v. The City OF NEW York
  762 F.2d 243· 2d Cir.· 1985-05-21 ·cited 223×
  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.
• Tomas Menchaca and wife v. Chrysler Credit Corp.
  613 F.2d 507· 5th Cir.· 1980-03-07 ·cited 130×
  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×
  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×
  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
• Boazman v. Econ. Lab., Inc.
  537 F.2d 210· 5th Cir.· 1976-08-20 ·cited 103×
  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
• 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×
  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.
• Westlake v. Lucas
  537 F.2d 857· 6th Cir.· 1976-06-29 ·cited 80×
  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.
• Cont'l Collieries, Inc. v. Shober, Jr.
  130 F.2d 631· 3d Cir.· 1942-09-14 ·cited 77×
  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×
  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.
• Goldman v. G.C. Belden, Jr.
  754 F.2d 1059· 2d Cir.· 1985-02-12 ·cited 73×
  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.
• Am. Nurses' Ass'n v. State OF Ill.
  783 F.2d 716· 7th Cir.· 1986-02-18 ·cited 72×
  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.
• Debora D. Gordon v. Nat'l Youth Work Alliance
  675 F.2d 356· D.C. Cir.· 1982-04-02 ·cited 57×
  The court held that the 90-day filing period for Title VII claims is not a jurisdictional prerequisite but a requirement subject to waiver, estoppel, and equitable tolling, and thus should be addressed under Rule 12(b)(6), not Rule 12(b)(1).
• Wells Real Est., Inc. v. Greater Lowell Bd. OF Realtors
  850 F.2d 803· 1st Cir.· 1988-06-23 ·cited 54×
  The court affirmed the judgment, holding that the plaintiff failed to preserve its arguments regarding jury instructions, sufficiency of evidence, and the nature of the interstate commerce element due to procedural waivers.
• Rami Ziyadat v. Diamondrock Hospitality Co.
  3 F.4th 1291· 11th Cir.· 2021-07-13 ·cited 50×
  The court held that the plaintiff plausibly alleged a circumstantial case of racial discrimination under 42 U.S.C. § 1981, sufficient to survive a motion to dismiss.
• Crawford's Auto Ctr., Inc. v. State Farm Mut. Auto. Ins. Co.
  945 F.3d 1150· 11th Cir.· 2019-12-20 ·cited 41×
  The court affirmed the dismissal of RICO, fraud, and unjust enrichment claims, finding the plaintiffs failed to state a claim and that the district court did not err in excluding certain exhibits.
• Professor Harriet Spiegel v. The Trs. OF Tufts Coll.
  843 F.2d 38· 1st Cir.· 1988-03-30 ·cited 41×
  The court held that the district court improvidently granted certification under Fed.R.Civ.P. 54(b) because the dismissed claims and the surviving claim were too interrelated, making the appeal premature.
• Wheeler v. Main Hurdman
  825 F.2d 257· 10th Cir.· 1987-07-27 ·cited 40×
  Federal antidiscrimination laws do not apply to bona fide general partners, as they are not considered employees under these statutes.
• Crawford v. United States
  796 F.2d 924· 7th Cir.· 1986-07-17 ·cited 39×
  The court held that the plaintiff failed to establish a genuine issue of material fact regarding his mental capacity to file a timely administrative claim under the Federal Tort Claims Act.
• Jackson v. Procunier
  789 F.2d 307· 5th Cir.· 1986-05-09 ·cited 39×
  The court held that a prisoner's pro se complaint alleging intentional delay of legal mail, resulting in the dismissal of his civil appeal, stated a claim for the intentional deprivation of a constitutional right of access to the courts, not merely a negligent tort.
• Herrmann v. Moore
  576 F.2d 453· 2d Cir.· 1978-05-10 ·cited 38×
  The court held that the plaintiff failed to demonstrate that the defendants acted under color of state law to deprive him of constitutional rights, or that they conspired with the requisite discriminatory animus for § 1985 claims.
• Sherman v. Seiko Yakahi
  549 F.2d 1287· 9th Cir.· 1977-02-02 ·cited 38×
  A pro se plaintiff's complaint alleging reverse racial discrimination and violation of agency procedures should not have been dismissed for failure to state a claim, as specific overt acts were pleaded.
• Schy v. The Susquehanna Corp.
  419 F.2d 1112· 7th Cir.· 1970-01-05 ·cited 36×
  The court held that the district court did not err in its procedural rulings or substantive findings, affirming the dismissal of the action.
• Tahir Erk v. Glenn L. Martin Co.
  116 F.2d 865· 4th Cir.· 1941-01-06 ·cited 36×
  The court held that a complaint alleging a principal cancelled an agency agreement in bad faith to avoid paying commissions, when the agent had instigated a sale, sufficiently states a claim for breach of contract.
• United States v. Aceto Agric. Chems. Corp.
  872 F.2d 1373· 8th Cir.· 1989-04-25 ·cited 35×
  The court held that the plaintiffs' allegations were sufficient to withstand a motion to dismiss under both CERCLA and RCRA, reversing the district court's dismissal under RCRA and affirming its denial of dismissal under CERCLA.
• Webster v. Royal Caribbean Cruises, Ltd.
  124 F. Supp. 2d 1317· S.D. Fla.· 2000-11-30 ·cited 33×
  The court held that a forum selection clause in a collective bargaining agreement is enforceable, requiring dismissal of claims for breach of contract and collective bargaining agreement due to improper venue. It also held that employer policy statements do not create enforceable
• Shear v. The Nat'l Rifle Ass'n OF Am.
  606 F.2d 1251· D.C. Cir.· 1979-08-15 ·cited 33×
  A real estate broker's commission, contingent on settlement, is still payable if the seller wrongfully prevents the condition from occurring, and the broker is entitled to a trial on claims of breach of contract and fraud.
• Blackhawk Heating & Plumbing Co. v. Driver
  433 F.2d 1137· D.C. Cir.· 1970-05-19 ·cited 32×
  A disappointed bidder has standing to challenge an agency's arbitrary or capricious action in denying a government contract, and such challenges can be resolved through summary judgment if no genuine issues of material fact exist.
• Aleta G. Costen v. Pauline's Sportswear, Inc.
  391 F.2d 81· 9th Cir.· 1968-02-21 ·cited 32×
  The court held that a motion to dismiss, when accompanied by matters outside the pleadings that are not excluded by the court, must be treated as a motion for summary judgment under Rule 12(b) of the Federal Rules of Civil Procedure.
• Haase v. Sessions
  835 F.2d 902· D.C. Cir.· 1987-12-15 ·cited 31×
  The court held that the district court improperly converted a motion to dismiss for lack of standing (Rule 12(b)(1)) into a motion for summary judgment, and that the plaintiff's allegations, while potentially sufficient for damages, were too weak to establish standing for broad d
• Republic Steel Corp. v. Pa. Eng'g Corp.
  785 F.2d 174· 7th Cir.· 1986-02-28 ·cited 31×
  The court held that the agreement was predominantly for the sale of goods, making the U.C.C. statute of limitations applicable, and that tort claims for economic loss arising from qualitative defects were barred by the Moorman doctrine.
• Chem. Eng'g Corp. v. Marlo, Inc.
  754 F.2d 331· Fed. Cir.· 1984-07-16 ·cited 31×
  The court held that it has exclusive jurisdiction over appeals involving patent law, even if diversity jurisdiction is also pleaded, and that the appeal was frivolous, warranting summary affirmance and award of attorney fees.
• Al Orphan v. Furnco Constr. Corp.
  466 F.2d 795· 7th Cir.· 1972-08-17 ·cited 31×
  The court held that employees must exhaust contractual grievance procedures, but the employer cannot use the employees' non-compliance with internal union by-laws as a defense. The court also held that allegations of the union's breach of its duty of fair representation, if suffi
• Cook v. Hirschberg
  258 F.2d 56· 2d Cir.· 1958-08-06 ·cited 30×
  The court held that the plaintiffs failed to state a claim sufficient to withstand attack by way of affirmative defenses, specifically the statute of frauds and the Connecticut Statute of Nonclaim.
• W. Mining Council v. Watt
  643 F.2d 618· 9th Cir.· 1981-04-23 ·cited 29×
  The court held that the plaintiffs lacked standing to challenge most provisions of the Federal Land Policy and Management Act due to insufficient allegations of actual or threatened injury, and that the remaining claims lacked merit.
• Murphy v. Inexco OIL Co.
  611 F.2d 570· 5th Cir.· 1980-02-08 ·cited 29×
  A district court has jurisdiction to determine whether a claim to ERISA coverage has merit, and dismissal for want of jurisdiction is improper if the claim is not frivolous. The Westland Agreement is not an ERISA plan because it constitutes a bonus for work performed and does not
• Harley McLAIN v. Meier
  612 F.2d 349· 8th Cir.· 1979-12-18 ·cited 28×
  The court held that the district court erred in granting summary judgment on the procedural grounds that the complaint failed to state a claim, and vacated the judgment to allow for further factual development.
• Dunn v. White
  880 F.2d 1188· 10th Cir.· 1989-08-01 ·cited 27×
  The court held that a pro se plaintiff's pleading alleging a religious objection to AIDS testing, citing a state statute for exemption, is sufficient to survive a Rule 12(b)(6) dismissal.
• Irwin H. Lawhorn v. The Atl. Ref. Co.
  299 F.2d 353· 5th Cir.· 1962-02-14 ·cited 27×
  A compulsory counterclaim under Rule 13(a) is not required when the opposing party's claim is dismissed on a Rule 12(b)(6) motion for failure to state a claim.
• Ducre v. The Executive Officers OF Halter Marine, Inc.
  752 F.2d 976· 5th Cir.· 1985-01-25 ·cited 26×
  The court held that the 1976 amendment to La.Rev.Stat.Ann. § 23:1032 does not bar claims where exposure predates the amendment but manifestation/diagnosis occurs after, and that manufacturers cannot seek indemnity from executive officers for active fault.
• Kehr Packages, Inc. v. Fidelcor, Inc.
  926 F.2d 1406· 3d Cir.· 1991-03-06 ·cited 25×
  The court held that the amended complaint sufficiently alleged a pattern of racketeering activity under 18 U.S.C. § 1962(c) and (d) by alleging a 19-month scheme of mail fraud.
• Thigpen v. United States
  800 F.2d 393· 4th Cir.· 1986-09-10 ·cited 25×
  The court held that claims arising out of assault or battery by a government employee are barred by the FTCA's intentional tort exception, 28 U.S.C. § 2680(h), even if pleaded as negligence, and that the plaintiffs' resistance negated any claim of consent.
• Daigle v. Opelousas Health Care, Inc.
  774 F.2d 1344· 5th Cir.· 1985-10-30 ·cited 25×
  A nursing home's receipt of state funding and regulation, without more, does not constitute state action for purposes of a 42 U.S.C. § 1983 claim.
• Brooks v. Am. Broad. Cos., Inc.
  932 F.2d 495· 6th Cir.· 1991-05-03 ·cited 24×
  The court held that the plaintiff's motion to amend his complaint to add federal claims under 18 U.S.C. § 2511 and 42 U.S.C. §§ 1981, 1985 was properly denied due to insufficient allegations, but vacated the grant of summary judgment on the state-law libel claim, finding genuine
• Phelps v. The Wichita Eagle-Beacon
  886 F.2d 1262· 10th Cir.· 1989-09-29 ·cited 24×
  The court held that plaintiff's Section 1981 and RICO claims were properly dismissed, but his Section 1985(3) claim and potentially his Section 1983 Equal Protection claim were not, and the state action issue for the Section 1983 claim requires further factual development.
• Orthmann v. Apple River Campground, Inc.
  757 F.2d 909· 7th Cir.· 1985-03-19 ·cited 24×
  A village's motion for summary judgment was affirmed due to the plaintiff's failure to comply with statutory notice requirements, but the dismissal of claims against the Floater's Association members was reversed, as their control over the river and adjacent property could establ
• Prince v. Rescorp Realty
  940 F.2d 1104· 7th Cir.· 1991-08-23 ·cited 23×
  The court held that an employee discharged for reporting a fire hazard contravened a clearly mandated public policy under Illinois law, sufficient to support a retaliatory discharge claim.
• Dist. Council 47 v. Bradley
  795 F.2d 310· 3d Cir.· 1986-07-09 ·cited 23×
  The dissenting judge argues that the majority erred in excusing deficient pleadings and the failure to seek leave to amend, asserting that civil rights claims require specific factual allegations tying defendants to the alleged deprivations.
• Stires v. Carnival Corp.
  243 F. Supp. 2d 1313· M.D. Fla.· 2002-11-21 ·cited 22×
  The court held that while some claims were dismissed without prejudice, allowing amendment, others were dismissed with prejudice, and punitive damages and attorney's fees were not recoverable under maritime law as pleaded.
• Patsi Ayala v. JOY Mfg. Co.
  877 F.2d 846· 10th Cir.· 1989-06-16 ·cited 22×
  The court held that the MSHA inspector's specific technical assistance, which allegedly led to improper wiring and a mine explosion, did not fall under the discretionary function exception to the FTCA because it did not involve policy judgment.