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

• Auto-Owners Ins. v. Ace Elec. Serv., Inc.
  648 F. Supp. 2d 1371· M.D. Fla.· 2009-08-25 ·cited 8×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the City's third-party complaints against Dickens and Byrne were procedurally proper, and that the City stated claims for common law indemnity, contractual indemnity, and malpractice against Dickens.
• Tracfone Wireless, Inc. v. Access Telecom, Inc.
  642 F. Supp. 2d 1354· S.D. Fla.· 2009-07-24 ·cited 8×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court denied all motions to dismiss and strike, finding that the plaintiff adequately pleaded its claims and that subject matter jurisdiction was proper.
• Domotor v. Wennet
  630 F. Supp. 2d 1368· S.D. Fla.· 2009-06-30 ·cited 8×
  The court held that the plaintiff's § 1983 claims for false arrest and imprisonment are subject to the favorable-termination requirement of Heck v. Humphrey, and that the viability of these claims depends on whether the plaintiff's conviction or sentence has been invalidated.
• Thompson v. Florida Bar
  526 F. Supp. 2d 1264· S.D. Fla.· 2007-11-21 ·cited 8×
  The court held that Younger/Middlesex abstention applies to the plaintiff's claims, requiring dismissal of the federal action.
• Reynolds v. Gables Residential Servs., Inc.
  428 F. Supp. 2d 1260· M.D. Fla.· 2006-04-26 ·cited 8×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the defendant, Gables Residential Services, Inc., is not a debt collector under the FDCPA or FCCPA, and therefore dismissed the claims against it. The court also denied the defendant's request for attorney's fees.
• Rogers v. Cisco Sys., Inc.
  268 F. Supp. 2d 1305· N.D. Fla.· 2003-05-14 ·cited 8×
  The court granted in part Cisco's motion to dismiss, dismissing fraud, negligent misrepresentation, and FDUTPA claims for insufficient pleading of reliance and applicability, but denied dismissal for the breach of fiduciary duty claim.
• In re Smith Gardner
  214 F. Supp. 2d 1291· S.D. Fla.· 2002-03-19 ·cited 8×·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court affirmed the Magistrate Judge's report and recommendation, granting the defendant's motion to dismiss the consolidated amended class action complaint without prejudice.
• Sanders v. Mayor's Jewelers, Inc.
  942 F. Supp. 571· S.D. Fla.· 1996-08-02 ·cited 8×·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that the Florida Civil Rights Act (FCRA) does not permit individual liability for the claims asserted, and that punitive damage claims under state law must comply with Fla.Stat. § 768.72, which the plaintiff failed to do.
• Bryan Ashley Int'l, Inc. v. Shelby Williams Indus., Inc.
  932 F. Supp. 290· S.D. Fla.· 1996-07-25 ·cited 8×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court denied both parties' motions for judgment on the pleadings, finding that genuine issues of material fact remained regarding the existence of an actual controversy.
• Moore v. Mabus
  976 F.2d 268· 5th Cir.· 1992-11-02 ·cited 8×·via Rule 12(B)(6) Standard
  The court held that the dismissal of the civil rights complaint under § 1915(d) was improper due to the complexity of the issues and the need for further factual and legal development, but affirmed the dismissal of the privacy and loss of privileges claims.
• Coyne v. City OF Somerville
  972 F.2d 440· 1st Cir.· 1992-08-17 ·cited 8×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the plaintiff failed to state a claim for violations of due process, equal protection, or freedom of speech under federal law, and affirmed the dismissal of state law claims.
• Villas of Lake Jackson, Ltd. v. Leon Cnty.
  796 F. Supp. 1477· N.D. Fla.· 1992-06-15 ·cited 8×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that claims alleging the denial of all economically viable use of land are not ripe until the landowner seeks approval for development under current regulations and is denied. Claims for just compensation are also not ripe until state remedies are exhausted.
• Anton K.M. Dababneh v. Fed. Deposit Ins. Corp.
  971 F.2d 428· 10th Cir.· 1992-04-27 ·cited 8×
  The FDIC-C cannot be held directly liable for the FDIC-R's actions, and claims for future rent against a bank receiver are unprovable under federal law.
• Buckey v. Cnty. OF LOS Angeles
  968 F.2d 791· 9th Cir.· 1992-02-19 ·cited 8×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the plaintiff should be allowed to amend her complaint to potentially state a claim for conspiracy under color of state law to deny due process and equal protection.
• Burda v. M. Ecker Co.
  954 F.2d 434· 7th Cir.· 1992-01-21 ·cited 8×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the worker's claim challenging federal tax withholding was properly removed to federal court and dismissed for failure to state a claim, but remanded the issue of sanctions for reconsideration.
• Malvin W. Brubaker v. City OF Richmond
  943 F.2d 1363· 4th Cir.· 1991-08-08 ·cited 8×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court affirmed the district court's imposition of Rule 11 sanctions, finding that the plaintiffs' claims were not well-grounded in fact or warranted by existing law after reasonable inquiry.
• Fireman's Fund Ins. Co. & The Am. Ins. Co. v. Murchison
  937 F.2d 204· 5th Cir.· 1991-08-02 ·cited 8×
  The court held that the General Indemnity Agreement was ambiguous, requiring a jury trial for interpretation, but affirmed the dismissal of the good faith and fair dealing counterclaim due to the absence of a special relationship.
• Farias v. Bexar Cnty. Bd. OF Trs. FOR Mental Health Mental Retardation Servs.
  925 F.2d 866· 5th Cir.· 1991-03-11 ·cited 8×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the district court's denial of a jury trial motion was not reviewable because the order was too opaque and failed to demonstrate the exercise of discretion under Rule 39(b).
• Cook v. N. Cal. Collection Serv. Inc.
  911 F.2d 242· 9th Cir.· 1990-08-10 ·cited 8×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that an advertisement claiming "low cost commercial collection experts" and implying lower rates than attorneys constitutes puffery and is not actionable false advertising under the Lanham Act.
• Faulkner Advertising Assocs., Inc. v. Nissan Motor Corp. IN U.S.A.
  905 F.2d 769· 4th Cir.· 1990-06-12 ·cited 8×·via Rule 12(B)(6) Dismissal
  A manufacturer's decision to increase its advertising budget, include that cost in the product price, and direct the advertising is not an illegal tying arrangement under the Sherman Act.
• Crabtree v. Muchmore
  904 F.2d 1475· 10th Cir.· 1990-06-04 ·cited 8×
  The court held that the district court abused its discretion in denying attorney's fees and sanctions to the defendant attorneys, reversing that decision.
• Moir v. Greater Cleveland Reg'l Transit Auth.
  895 F.2d 266· 6th Cir.· 1990-02-06 ·cited 8×
  The court held that the Greater Cleveland Regional Transit Authority (GCRTA) is a political subdivision of the State of Ohio and the Amalgamated Transit Union (ATU) is a labor organization, both exempt from federal jurisdiction under the NLRA.
• Jackson v. State OF Ariz.
  885 F.2d 639· 9th Cir.· 1989-09-18 ·cited 8×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
• Arnaud v. Odom
  870 F.2d 304· 5th Cir.· 1989-04-19 ·cited 8×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that parents do not possess a constitutionally protected property or liberty interest in the bodies of their deceased children that would support a § 1983 claim when adequate state post-deprivation remedies exist for procedural due process claims, and no such subst
• Elliott v. Warden Bronson
  872 F.2d 20· 2d Cir.· 1989-04-05 ·cited 8×·via Rule 12(B)(6) Dismissal
  The court held that a pro se prisoner's complaint, liberally construed, stated potentially meritorious due process and equal protection claims, and dismissal without leave to amend was an abuse of discretion.
• Infinity Broad. Corp. OF Ill. v. The Prudential Ins. Co. OF Am.
  869 F.2d 1073· 7th Cir.· 1989-03-09 ·cited 8×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The dissenting judge would hold that the landlord's construction impaired the tenant's use, breaching the covenant of quiet enjoyment and entitling the tenant to compensation.
• Crane & Shovel Sales Corp. v. Bucyrus-Erie Co.
  854 F.2d 802· 6th Cir.· 1988-08-04 ·cited 8×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the allegations against Bucyrus-Erie and GPS Equipment were insufficient to state a cause of action for antitrust violation.
• Fonte v. The Bd. OF Managers OF Cont'l Towers Condo.
  848 F.2d 24· 2d Cir.· 1988-05-25 ·cited 8×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the district court erred in dismissing the complaint without converting the motion to dismiss into a motion for summary judgment when matters outside the pleadings were presented.
• Jones v. Duncan
  840 F.2d 359· 6th Cir.· 1988-03-07 ·cited 8×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the plaintiff sufficiently alleged state action for his section 1983 claim, as the commissioners' predicate actions in their official capacities and use of public funds to finance the ouster suit constituted action 'under color of law'.
• Commonwealth OF Pa. v. Pepsico, Inc.
  836 F.2d 173· 3d Cir.· 1988-01-04 ·cited 8×
  The court held that the Soft Drink Interbrand Competition Act of 1980 applies to territorial restraints in soft drink distribution, even when alleged to involve horizontal conspiracy, unless the plaintiff specifically pleads and proves the absence of substantial and effective int
• Banco De Desarrollo Agropecuario, S.A. v. Gibbs
  640 F. Supp. 1168· S.D. Fla.· 1986-08-01 ·cited 8×·via Rule 12(B)(6)
  The court held that the plaintiff's complaint failed to plead fraud with the necessary specificity and particularity to support a RICO cause of action, and thus dismissed the complaint.
• Yates v. Jamison
  782 F.2d 1182· 4th Cir.· 1986-02-03 ·cited 8×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the plaintiffs' due process claim must be dismissed because they have an adequate postdeprivation remedy under state law, specifically an action for inverse condemnation.
• Triplett v. Heckler
  767 F.2d 210· 5th Cir.· 1985-08-05 ·cited 8×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the plaintiff's action was untimely filed, as the Appeals Council's initial denial letter constituted the final decision for limitations purposes, and the subsequent letter reviewing new evidence did not constitute a reopening of the case.
• Brillhart v. Mut. Med. Ins., Inc.
  768 F.2d 196· 7th Cir.· 1985-07-23 ·cited 8×
  A contract between a medical insurance company and physicians for the purchase of medical services does not violate antitrust laws as it is a legitimate buyer-seller arrangement, not illegal price-fixing.
• Simons v. Montgomery Cnty. Police Officers-Sara A. Hume
  762 F.2d 30· 4th Cir.· 1985-05-10 ·cited 8×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the plaintiff's claims, based on a search and arrest, constituted state torts, not violations of constitutional magnitude actionable under 42 U.S.C. § 1983.
• Madison v. United States
  752 F.2d 607· 11th Cir.· 1985-02-08 ·cited 8×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  A document filed on official tax forms, even with a disclaimer, can be considered a 'purported return' for the purpose of the frivolous return penalty if it lacks substantial information or indicates a substantially incorrect self-assessment due to a frivolous position.
• Duane v. Haas
  725 F.2d 71· 7th Cir.· 1984-01-12 ·cited 8×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  A corporation violates SEC Rule 14a-7 if it makes a shareholder's proxy materials false by changing the meeting date to frustrate the shareholder's mailing, and the shareholder can recover damages.
• Keys v. Wolfe
  709 F.2d 413· 5th Cir.· 1983-07-15 ·cited 8×·via Rule 12(B)(6) Standard
  The court held that the plaintiffs' allegations regarding a substituted contract, which imposed new personal liabilities and risks related to irrigation, could constitute a "purchase or sale" of a security under Section 10(b) and Rule 10b-5, and thus the dismissal of count 5 was
• Shelton C. Sharpe v. Philadelphia Hous. Auth.
  693 F.2d 24· 3d Cir.· 1982-11-15 ·cited 8×
  The court held that while most of the plaintiff's age discrimination claims were time-barred due to untimely filing of an EEOC charge, claims related to the discriminatory treatment of his internal appeals within the limitations period could proceed.
• Shui King Tam Wong v. Griffin B. Bell
  642 F.2d 359· 9th Cir.· 1981-04-20 ·cited 8×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the plaintiffs' complaint failed to state a claim upon which relief could be granted under 8 U.S.C. § 1182(i) because the alien was statutorily ineligible for the requested waiver.
• Robinson v. MFA Mut. Ins. Co. & Countryside Cas. Co.
  629 F.2d 497· 8th Cir.· 1980-06-12 ·cited 8×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the plaintiff's complaint stated a claim for relief under Arkansas law, specifically a tort claim in deceit, and therefore the district court erred in dismissing the action under Fed.R.Civ.P. 12(b)(6).
• FRY Bros. Corp. v. The Dep't OF Hous. & Urban Dev.
  614 F.2d 732· 10th Cir.· 1980-02-11 ·cited 8×·via Rule 12(b)(6), Fed. R. Civ. P.
  The court held that the plaintiff failed to state a justiciable claim and that the Administrative Procedure Act does not create an independent basis for jurisdiction.
• Chanofsky v. The Chase Manhattan Corp.
  530 F.2d 470· 2d Cir.· 1976-03-01 ·cited 8×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the judgment should be vacated because the district court treated the case as a trial on the merits due to a misunderstanding between court and counsel, rather than a summary judgment proceeding.
• Super Tire Eng'g Co. v. McCORKLE
  469 F.2d 911· 3d Cir.· 1972-11-22 ·cited 8×·via Rule 12(b)(6), Fed. R. Civ. P.
  The court held that the case was not moot because the collective bargaining relationship is a continuing one, and the availability of state welfare benefits to strikers could still affect that relationship.
• Normand Smith and Nancy L. Smith v. Gov't OF the Virgin Islands
  329 F.2d 135· 3d Cir.· 1964-02-28 ·cited 8×
  The court held that the district court erred by dismissing the petitions for failure to state a claim when matters outside the pleadings were presented, and that the legislative record provided a rational basis for the agreement, precluding further judicial review.
• Blumenthal v. Girard Tr. Co.
  141 F.2d 849· 3d Cir.· 1944-04-03 ·cited 8×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  A building service employee is not covered by the Fair Labor Standards Act if their work, like janitorial duties, only remotely affects a tenant engaged in interstate commerce, rather than being actually in or closely related to the movement of commerce.
• Emrit v. Universal Music Grp.
  2019 WL 6251365· M.D. Fla.· 2020-08-17 ·cited 7×
  The court granted the motion to dismiss, finding it lacked personal jurisdiction over Universal Music Group and that the complaint constituted a shotgun pleading.
• United States v. Demesmin
  2015 U.S. Dist. LEXIS 22253· M.D. Fla.· 2015-01-15 ·cited 7×
  The court held that the defendants' motions to dismiss based on lack of subject matter jurisdiction and failure to state a claim were denied, as the government adequately pleaded jurisdiction and stated plausible claims for injunctive relief and disgorgement.
• QBE Ins. Corp. v. Dome Condo. Ass'n, Inc.
  577 F. Supp. 2d 1256· S.D. Fla.· 2008-09-16 ·cited 7×
  The court held that a failure to notify an insured of mediation rights under Fla. Stat. § 627.7015 waives the insurer's right to enforce contractual appraisal provisions, allowing counterclaims. However, claims for breach of implied covenant of good faith and violation of § 627.7
• Campos v. Immigr. & Naturalization Serv.
  32 F. Supp. 2d 1337· S.D. Fla.· 1998-12-09 ·cited 7×
  The court denied the defendants' motion to dismiss, finding it had subject matter jurisdiction and that plaintiffs had not failed to exhaust administrative remedies, and that their claims under the INA, APA, FOIA, and Due Process Clause were cognizable.