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

• Dimuccio v. D'Ambra
  750 F. Supp. 495· M.D. Fla.· 1990-10-09 ·cited 4×
  The court held that plaintiffs' claims for declaratory judgment and civil theft failed to state a claim upon which relief could be granted.
• Hernandez v. Maxwell
  905 F.2d 94· 5th Cir.· 1990-07-10 ·cited 4×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that a pro se plaintiff's allegations of intentional appropriation of cash during an illegal search stated a claim for violation of constitutional rights under 42 U.S.C. § 1983, and the existence of a postdeprivation remedy did not preclude the claim.
• Jacob v. Curt
  898 F.2d 838· 1st Cir.· 1990-03-27 ·cited 4×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the plaintiff failed to state a claim as a matter of law because the complaint lacked allegations of the defendant's control over the foreign government's decision, thus failing the proximate cause requirement.
• Gregory v. Nunn
  895 F.2d 413· 7th Cir.· 1990-02-12 ·cited 4×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that a prisoner's allegations of lost legal documents, necessary for his defense and access to courts, sufficiently stated a claim for a constitutional deprivation under § 1983 to survive a motion to dismiss.
• Monument Builders OF Greater Kan. City, Inc. v. Am. Cemetery Assn. OF Kan.
  891 F.2d 1473· 10th Cir.· 1989-12-19 ·cited 4×·via Rule 12(B)(6) Dismissal
  The court held that venue was proper in Kansas for defendants located in Missouri, and that the complaint sufficiently alleged claims for conspiracy to restrain trade and conspiracy to monopolize under the Sherman Act.
• Tanner v. Heise
  879 F.2d 572· 9th Cir.· 1989-06-27 ·cited 4×
  The arresting officers complied with state law and did not conspire to violate Tanner's constitutional rights by arresting him.
• Gus W. Zielasko and Nancy Bowman v. The State OF Ohio
  873 F.2d 957· 6th Cir.· 1989-05-03 ·cited 4×·via Rule 12(B)(6) Dismissal
  The court held that section 6(C) places an impermissible burden on a voter's First Amendment right to support a qualified candidate of her choice.
• Amarjit Singh v. A.D. Moyer
  867 F.2d 1035· 7th Cir.· 1989-02-08 ·cited 4×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that federal district courts lack subject matter jurisdiction to review the USIA's unfavorable recommendation for a waiver of the two-year foreign residency requirement because there is no meaningful standard by which to judge the agency's discretion. The court als
• Nancy C. Vickers and Robert v. Vickers
  827 F.2d 228· 7th Cir.· 1987-08-21 ·cited 4×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court affirmed the district court's dismissal of all counts, finding no justiciable controversy for declaratory relief, no actionable claim for accounting, and no actionable claims for fraudulent inducement, promissory estoppel, or negligent misrepresentation under Indiana la
• R.E. Davis Chem. Corp. v. Diasonics, Inc.
  826 F.2d 678· 7th Cir.· 1987-08-13 ·cited 4×·via Rule 12(B)(6) Dismissal
  A lost volume seller can recover lost profits under UCC § 2-708(2), and the 'due credit' language does not preclude this. The tort of intentional interference with contractual relations requires more than knowledge that a breach is substantially certain.
• Sosebee v. Murphy
  797 F.2d 179· 4th Cir.· 1986-08-05 ·cited 4×
  The court held that the correctional officers and medical personnel did not show deliberate indifference to the prisoner's medical needs, thus no constitutional deprivation occurred.
• Less v. Lurie
  789 F.2d 624· 8th Cir.· 1986-04-28 ·cited 4×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  Plaintiffs stated a claim under SEC Rule 10b-5 by alleging that the partnership formed to invest was itself a sham and part of a scheme to defraud, coupled with material misrepresentations and omissions regarding the investment.
• Universidad Cent. del Caribe, Inc. v. Liaison Comm. ON Med. Educ.
  760 F.2d 14· 1st Cir.· 1985-04-24 ·cited 4×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  A plaintiff's notice of voluntary dismissal without prejudice under Fed.R.Civ.P. 41(a)(1)(i) is effective when filed, provided no answer or motion for summary judgment has been served, and the district court cannot convert it to a dismissal with prejudice.
• Ellis v. EL Paso Natural GAS Co.
  754 F.2d 884· 10th Cir.· 1985-02-11 ·cited 4×·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that the trial court properly dismissed the retaliatory discharge claim and granted summary judgment on the breach of contract claim.
• Sweazea v. Mo. Bd. OF Prob. & Parole
  742 F.2d 482· 8th Cir.· 1984-08-31 ·cited 4×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court affirmed the dismissal, holding that the inmate failed to state a claim for due process or equal protection violations regarding his parole decision.
• Hillary J. Hardison v. Gen. Fin. Corp. & Gen. Fin. Corp. of Ill.
  738 F.2d 893· 7th Cir.· 1984-07-18 ·cited 4×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that a lender's inclusion of a reaffirmed debt in the amount financed, rather than the finance charge, does not violate the Truth in Lending Act (TILA) when the reaffirmed debt is treated as a refinancing.
• Englert v. City OF McKEESPORT & Middle Dep't Inspection Agency
  736 F.2d 96· 3d Cir.· 1984-06-11 ·cited 4×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  Allegations of 'shifting' interstate commerce are sufficient to satisfy the Sherman Act's jurisdictional requirement and withstand dismissal under both Rule 12(b)(1) and Rule 12(b)(6).
• Zerman v. Melton
  735 F.2d 751· 2d Cir.· 1984-06-01 ·cited 4×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the plaintiff's complaint failed to allege fraud with sufficient particularity to survive a motion to dismiss under Fed.R.Civ.P. 9(b) and 12(b)(6).
• Kenneth Leventhal & Co. v. Joyner Wholesale Co.
  736 F.2d 29· 2d Cir.· 1984-05-30 ·cited 4×·via Rule 12(b)(6), Fed. R. Civ. P.
  The court held that Leventhal's third-party complaint was properly dismissed because the alleged liability of the third-party defendants was not dependent on or related to the main claim against Leventhal.
• Forrest G. English v. Local Union #46
  654 F.2d 473· 7th Cir.· 1981-07-16 ·cited 4×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the complaint adequately stated a claim for access to union records under 29 U.S.C. § 431(c), and that disputed material facts precluded dismissal or summary judgment. The court affirmed the denial of the motion to disqualify counsel.
• Messer v. Virgin Islands Urban Renewal Bd.
  623 F.2d 303· 3d Cir.· 1980-06-11 ·cited 4×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  A person who moves from property before the acquiring agency obtains title or the right to possession, or issues a written order to vacate, is not a "displaced person" eligible for relocation benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies
• Capili v. Ned Shott
  620 F.2d 438· 4th Cir.· 1980-04-14 ·cited 4×
  The court held that the hospital's exclusive contract for anesthesiology services was supported by a rational basis and did not violate the Sherman Act or civil rights.
• Binder v. United States
  590 F.2d 68· 3d Cir.· 1978-12-15 ·cited 4×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that a remittance to the IRS is not automatically a tax payment, and the statute of limitations for refunds does not bar recovery if the remittance was a deposit to avoid penalties and interest.
• Candis O. RAY v. Senator William Proxmire
  581 F.2d 998· D.C. Cir.· 1978-07-31 ·cited 4×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  A complaint alleging defamation, misuse of Senate facilities, voting for business interests, and unfair competition fails to state a claim upon which relief can be granted.
• United States v. Wynn
  528 F.2d 1048· 5th Cir.· 1976-03-18 ·cited 4×
  The court held that the district court's dismissal was premature because the Wynns may have waived their due process rights by agreeing to the loan terms, and the government is entitled to an opportunity to prove this waiver.
• Holder v. Nelson
  514 F.2d 1091· 9th Cir.· 1975-04-29 ·cited 4×·via Rule 12(b)(6), Fed. R. Civ. P.
  The court held that the district court erred in dismissing the action and denying the request for a three-judge court, as the claims presented were not insubstantial.
• Phillips v. Trello
  502 F.2d 1000· 3d Cir.· 1974-07-26 ·cited 4×
  The court held that a complaint alleging a conspiracy to subject plaintiffs to illegal harassment, even by private citizens, is sufficient to survive a motion to dismiss under Rule 12(b)(6) for claims brought under 42 U.S.C. §§ 1983 and 1985.
• Helfant v. Kugler
  484 F.2d 1277· 3d Cir.· 1973-09-10 ·cited 4×
  The court concurred that extraordinary circumstances may justify federal intervention despite Younger abstention.
• NEW Jersey Welf. Rights Org. v. Cahill
  448 F.2d 1247· 3d Cir.· 1971-09-28 ·cited 4×·via Rule 12(B)(6)
  The court remanded the case to the district court for clarification on the grounds for dismissal and for further proceedings.
• Knudsen v. The Torrington Co.
  254 F.2d 283· 2d Cir.· 1958-04-18 ·cited 4×·via Rule 12(b)(6), Fed. R. Civ. P.
  A sales agency contract, though personal, is delegable if the principal impliedly assented to changes in the business organization or personnel, and the surviving entity provides substantially what was bargained for.
• Whiting v. Seyfrit
  203 F.2d 773· 7th Cir.· 1953-05-05 ·cited 4×
  The court held that the failure of Illinois parole authorities to demand the return of a parole violator does not waive their jurisdiction or give rise to a claim under the Civil Rights Act.
• Munson Line, Inc. v. Green
  165 F.2d 321· 2d Cir.· 1948-01-05 ·cited 4×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that an order dismissing some but not all counts of a complaint is not a final, appealable order when the remaining counts arise from the same set of facts.
• Wash. Bldg. Realty Corp. v. Peoples Drug Stores, Inc.
  161 F.2d 879· D.C. Cir.· 1947-04-07 ·cited 4×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  A cross-claim must state a claim for relief, not merely allege facts that constitute a defense.
• Calderon v. Sixt Rent a Car, LLC
  998 F. Supp. 2d 1360· S.D. Fla.· 2020-02-12 ·cited 3×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court denied defendants' motion to dismiss Calderon's claims and denied their motion to compel arbitration of Marin's claims.
• Trinidad v. Trivago GMBH
  2009 WL 10664410· S.D. Fla.· 2020-01-13 ·cited 3×·via Rule 12(B)(6)
  The court held that a stay of discovery is not warranted when the defendant seeks dismissal on multiple grounds, absent a showing of good cause and reasonableness.
• Librizzi v. Ocwen Loan Servicing, LLC
  2015 U.S. Dist. LEXIS 106634· S.D. Fla.· 2015-08-13 ·cited 3×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court dismissed claims against credit bureaus for failing to allege specific violations of FCRA and denied injunctive relief. Claims against Ocwen, Homeward, and Deutsche Bank were also dismissed for failure to state a claim or lack of specific allegations.
• Atheists of Florida v. City of Lakeland
  779 F. Supp. 2d 1330· M.D. Fla.· 2011-03-15 ·cited 3×
  The court held that the City's enactment of Resolution 10-041, passed after the lawsuit was filed and potentially as a litigation tactic, did not render the case moot because plaintiffs alleged the resolution codified an unconstitutional practice and was not followed. The court d
• Pilato v. Edge Invs., L.P.
  609 F. Supp. 2d 1301· S.D. Fla.· 2009-03-30 ·cited 3×
  The court held that the contract's force majeure clause and sales quota clause did not violate the Interstate Land Sales Full Disclosure Act (ILSA), thus exempting the sale from ILSA requirements. However, the court found that the plaintiffs stated a claim for violation of Florid
• Edward J. Goodman Life Income Tr. v. Jabil Cir., Inc.
  595 F. Supp. 2d 1253· M.D. Fla.· 2009-01-26 ·cited 3×·via Rule 12(B)(6)
  The court held that the third amended complaint failed to adequately plead fraud and scienter with the particularity required by Rule 9(b) and the PSLRA, even with the addition of new allegations.
• In re Winn-Dixie Stores
  531 F. Supp. 2d 1334· M.D. Fla.· 2007-12-04 ·cited 3×
  The court held that the consolidated complaint failed to state a claim for violations of the Securities Exchange Act of 1934 because it did not sufficiently allege material misstatements or omissions with the required particularity.
• Abusaid v. Hillsborough Cnty. BD.
  637 F. Supp. 2d 1002· M.D. Fla.· 2007-09-06 ·cited 3×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court found that Plaintiff had standing to challenge specific permitting provisions of the Ordinance for lack of circumscribed time and limitless discretion, but not other constitutional claims.
• Fabricant v. Kemper Independence Ins.
  474 F. Supp. 2d 1328· S.D. Fla.· 2007-02-09 ·cited 3×·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that the hurricane deductible endorsement, which stated no other deductible applied to hurricane-caused damage, applied to the loss assessment claim, even though the claim arose from an 'Additional Coverages' section.
• In re Sinaltrainal Litigation
  474 F. Supp. 2d 1273· S.D. Fla.· 2006-09-29 ·cited 3×·via Rule 12(B)(6)
  The court held that the plaintiffs' allegations were too conclusory, vague, and attenuated to adequately plead a violation of the law of nations, thus the court lacked subject matter jurisdiction under the Alien Tort Claims Act.
• In re Catalina Mktg. Corp. Sec. Litig.
  390 F. Supp. 2d 1110· M.D. Fla.· 2005-03-31 ·cited 3×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the plaintiffs' allegations of scienter and fraud were sufficiently particular to survive a motion to dismiss under the PSLRA and Rule 9(b).
• Wexler v. Lepore
  319 F. Supp. 2d 1354· S.D. Fla.· 2004-05-24 ·cited 3×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that Younger abstention applies, requiring dismissal of the federal complaint due to ongoing state proceedings concerning the same issues.
• JES Props., Inc. v. USA Equestrian, Inc.
  253 F. Supp. 2d 1273· M.D. Fla.· 2003-03-28 ·cited 3×
  The court granted defendants' motions to dismiss, finding that plaintiffs failed to adequately plead claims under the Sherman Act and that a request to amend the Clayton Act claim was procedurally improper.
• Cannon v. Lindsey
  243 F. Supp. 2d 1339· M.D. Fla.· 2003-01-14 ·cited 3×
  The court held that the defendants are not entitled to qualified immunity at the motion to dismiss stage because the plaintiff adequately pleaded a constitutional violation of a clearly established right, and the statute of limitations issue is not ripe for resolution.
• Anderson v. Smithfield Foods, Inc.
  209 F. Supp. 2d 1270· M.D. Fla.· 2002-02-13 ·cited 3×
  The court held that the plaintiffs failed to state a claim under RICO because they did not sufficiently allege predicate acts, a RICO enterprise, or causation of injury.
• Jackson v. BellSouth Telecomms., Inc.
  2001 WL 1658587· S.D. Fla.· 2001-09-17 ·cited 3×
  The court held that plaintiffs' Section 1981 claim against the Ruden McClosky defendants could proceed based on allegations of disparate treatment, but the claim against BellSouth was dismissed. Federal and state RICO claims were dismissed for failure to sufficiently allege conti
• Chiroff v. Life Ins. Co. of N. Am.
  142 F. Supp. 2d 1360· S.D. Fla.· 2000-11-16 ·cited 3×·via Rule 12(B)(6)
  The court held that the plaintiff's claims for equitable estoppel, breach of fiduciary duty, and state law bad faith were preempted by ERISA, and that the proper defendant for the benefits claim was CIGNA, not LINA.