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

• Action Repair, Inc. v. Am. Broad. Cos., Inc.
  776 F.2d 143· 7th Cir.· 1985-10-28 ·cited 2×
  The court held that the district court erred in dismissing the defamation action at the Rule 12(b)(6) stage, as several statements were potentially defamatory and required further factual development.
• Abbott J. Reeves v. Guiffrida
  756 F.2d 1141· 5th Cir.· 1985-04-08 ·cited 2×
  The court held that the district court had subject matter jurisdiction and that the plaintiff's claim should not have been dismissed under Rule 12(b)(6) because prior cases suggest estoppel against FEMA might apply.
• The Genesee Brewing Co., Inc. v. Vill. OF Sodus Point
  733 F.2d 258· 2d Cir.· 1984-05-01 ·cited 2×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the village was not required to refund payments made under a state law adopted pursuant to a repealed federal provision, as no federal right to such refunds was created.
• DiPERRI v. Fed. Aviation Admin.
  671 F.2d 54· 1st Cir.· 1982-02-19 ·cited 2×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that plaintiffs' claims regarding aircraft noise did not state a cause of action under the Federal Aviation Act, but their claim regarding unsafe flight patterns over an oil tank farm did survive a motion to dismiss.
• Denton Constr. Co. v. Mo. Portland Cement Co.
  659 F.2d 873· 8th Cir.· 1981-09-25 ·cited 2×
  The court held that a contract clause purporting to exempt the seller from liability for consequential damages was ambiguous when read with other contract provisions, and thus, dismissal under Rule 12(b)(6) was improper. The court also found that it could not definitively rule ou
• Feick v. Fleener
  653 F.2d 69· 2d Cir.· 1981-06-22 ·cited 2×·via Rule 12(b)(6), Fed. R. Civ. P.
  The court held that the powers of attorney did not authorize the retention of counsel for the annulment proceedings, and the appellee's letter did not constitute a binding agreement or promise to pay legal fees.
• Barlow v. Marion Cnty. Hosp. Dist.
  495 F. Supp. 682· M.D. Fla.· 1980-07-29 ·cited 2×·via Rule 12(B)(6)
  The court held that while plaintiffs stated constitutional claims over which it had jurisdiction, they failed to state a claim under 42 U.S.C. § 1983 based on the Hill-Burton Act because they did not allege exhaustion of administrative remedies as required by the statute.
• Eston Bullard, Jr. v. Louie L. Wainwright
  614 F.2d 1020· 5th Cir.· 1980-04-02 ·cited 2×
  The court held that the prisoner's complaint was sufficient to withstand a motion to dismiss for failure to state a cause of action.
• Hirrill v. Merriweather
  629 F.2d 490· 8th Cir.· 1980-01-16 ·cited 2×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the plaintiff's termination claim was barred by res judicata, and while the pension claim's res judicata status was unclear, it was ultimately without merit and thus properly dismissed.
• Malone v. United States
  581 F.2d 582· 6th Cir.· 1978-08-17 ·cited 2×·via Rule 12(B)(6)
  The court held that the third-party complaint failed to state a cause of action under the Federal Tort Claims Act and that the government's actions fell within the discretionary function exception.
• Wooten v. Sgt. Garland Shook
  527 F.2d 976· 4th Cir.· 1975-09-16 ·cited 2×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  In one case, summary judgment for the defendant was affirmed because no genuine issue of material fact existed. In the other case, dismissal of a pro se prisoner's complaint for failure to state a claim was reversed because the allegations, though vague, were sufficient to warran
• Rosin v. The NEW York Stock Exch., Inc.
  484 F.2d 179· 7th Cir.· 1973-09-06 ·cited 2×
  The court held that Section 31 of the Securities Exchange Act of 1934 does not create a private right of action for customers to sue exchanges for passing on the registration fee, and that the fee can be passed on.
• Hal E. Roach v. Reldan Trading Corp.
  321 F.2d 42· 2d Cir.· 1963-08-06 ·cited 2×·via Rule 12(B)(6) Dismissal
• Hane Cypress McLeaish v. The Sch. Dist. of Escambia Cnty.
  2017 WL 1153895· N.D. Fla.· 2025-12-08 ·cited 1×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the plaintiff failed to exhaust administrative remedies for some claims and failed to state a claim for others, including sex discrimination and retaliation.
• Carnahan v. Sec. & Exch. Comm'n
  2020 WL 1166721· S.D. Fla.· 2025-11-14 ·cited 1×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the Second Amended Complaint should be dismissed with prejudice because it constitutes an impermissible shotgun pleading and fails to establish subject matter jurisdiction for claims against the SEC, and the Bivens claims against individual defendants are unav
• Morrison v. Fam. Dollar Stores, Inc.
  2023 WL 569458· S.D. Fla.· 2025-04-01 ·cited 1×·via Rule 12(B)(6)
  The court held that a stay of discovery is appropriate pending the resolution of defendants' motions to dismiss, due to the potential dispositive nature of the motions and the anticipated high costs of discovery.
• Zagg Inc. v. TX Trading, Inc.
  2024 WL 3874584· S.D. Fla.· 2024-12-19 ·cited 1×·via Rule 12(B)(6)
  The court denied the motion to strike or dismiss Screenya's counterclaims, finding them timely filed and sufficiently pleaded.
• Green v. Carnival Corp.
  2023 WL 5831727· S.D. Fla.· 2024-11-05 ·cited 1×·via Rule 12(B)(6) Standard
  The court recommended granting in part and denying in part Carnival's motion to dismiss, finding the plaintiff adequately alleged constructive notice of a defective flooring hazard.
• Jimenez v. Cruz & Cruz, Inc.
  2019 WL 2869060· S.D. Fla.· 2024-10-08 ·cited 1×
  The court recommended granting the defendants' motion to dismiss both by default due to the plaintiff's failure to respond and on the merits for failure to state a plausible claim for relief under the FLSA.
• Guzman v. Robinhood Mkts., Inc.
  105 F.4th 1346· 11th Cir.· 2024-06-26 ·cited 1×
  The court held that plaintiffs failed to plausibly allege an unreasonable restraint of trade under Section 1 of the Sherman Act, which is dispositive of their claim.
• Geoffrey "reff" Sykes v. C.A. No. 2022-0861-Sg Touchstream Techs., Inc.
  2019 WL 193921· Del. Ch.· 2024-03-27 ·cited 1×·via Rule 12(B)(6)
  The Court of Chancery granted in part and denied in part the defendants' motion to dismiss. The court dismissed claims for fraud, breach of the licensing agreement, and breach of fiduciary duty. Claims for declaratory judgment, specific performance of the JV Termination Agreement
• Trevino v. Andrews
  2009 WL 804528· M.D. Fla.· 2023-12-05 ·cited 1×
  The court held that the plaintiff's amended complaint failed to state a claim upon which relief could be granted, as his challenge to Florida's DNA testing statute was foreclosed by binding precedent.
• A.D. v. Best W. Int'l, Inc.
  2023 WL 2955712· M.D. Fla.· 2023-08-25 ·cited 1×·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that the plaintiff sufficiently pleaded claims against Apex Hospitality LLLP for beneficiary liability under the TVPRA, but not against Best Western International, Inc.
• Clark v. Cascio
  2020 WL 3895131· M.D. Fla.· 2022-02-04 ·cited 1×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the plaintiff's claims for due process violations, judicial misconduct, and conversion were properly dismissed because they failed to state a claim upon which relief could be granted, and adequate state remedies existed for some claims.
• Holliday v. Inch
  2012 WL 1790319· N.D. Fla.· 2021-10-12 ·cited 1×·via Federal Rule Of Civil Procedure 12(B)(6) Dismissal Standard
  The court held that the plaintiff's third amended complaint must be dismissed because it is subject to dismissal as malicious and abusive of the judicial process, and alternatively, for failure to state a claim on which relief may be granted.
• Hart v. Zimmerman Holdings Grp., Inc.
  268 F. Supp. 705· S.D. Fla.· 2016-01-29 ·cited 1×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the plaintiff failed to show good cause for the untimely service of process and that the court would not exercise its discretion to extend the time for service.
• Torres v. Sussex Cnty. Council
  2013 WL 6407711· Del. Super. Ct.· 2014-09-29 ·cited 1×·via Rule 12(B)(6)
  The Delaware Superior Court granted the defendant's motion to dismiss all six of the plaintiff's claims. The court found that the county ordinance did not create a private cause of action for wrongful termination, that the allegations of political discrimination were insufficient
• Alsobrook v. Alvarado
  845 F. Supp. 2d 146· S.D. Fla.· 2013-12-03 ·cited 1×
  The court held that Count I and Counts IV/VII were not barred by the Heck doctrine or failure to exhaust, and stated a claim, while Count II was Heck-barred, and Count VIII failed to state a claim.
• Finn v. Kent Sec. Servs., Inc.
  1992 WL 96195· S.D. Fla.· 2013-11-06 ·cited 1×
  The court held that the plaintiff failed to adequately plead a claim for discrimination under Title VII and failed to sufficiently allege an adverse employment action for a retaliation claim, warranting dismissal without prejudice.
• Dandar v. Church of Scientology Flag Serv. Org., Inc.
  732 F. Supp. 2d 310· M.D. Fla.· 2013-02-15 ·cited 1×
  The court held that the Rooker-Feldman doctrine does not apply because the plaintiff's claims allege independent constitutional violations, not just review of state court decisions. However, the court found that Younger abstention applies because there are ongoing state proceedin
• Wordley v. San Miguel
  490 F. Supp. 2d 749· S.D. Fla.· 2013-01-03 ·cited 1×·via Rule 12(B)(6) Standard
  The district court granted the defendant's motion to dismiss, finding that the plaintiff failed to establish that the officer's conduct violated clearly established law, thus entitling the officer to qualified immunity.
• Moss v. Walgreen Co.
  765 F. Supp. 2d 1363· S.D. Fla.· 2011-03-08 ·cited 1×·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that the plaintiff sufficiently alleged claims for violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and breach of express warranty, and thus denied the defendant's motion to dismiss.
• In re Fontainebleau Las Vegas Contract Litigation
  716 F. Supp. 2d 1237· S.D. Fla.· 2010-05-28 ·cited 1×·via Rule 12(B)(6)
  The court held that the plaintiffs, as term lenders, lacked standing to assert claims for breach of the Credit Agreement based on the revolving lenders' alleged failure to fund, as they were not intended beneficiaries of the revolving loan provisions under New York law.
• Odyssey Marine Exploration, Inc. v. Unidentified
  675 F. Supp. 2d 1126· M.D. Fla.· 2009-12-22 ·cited 1×·via Rule 12(B)(6)
  The court held that the Foreign Sovereign Immunities Act (FSIA) bars jurisdiction over the shipwreck and its contents, as they are the property of Spain and not subject to U.S. court adjudication.
• Sandalwood Ests. Homeowner's Ass'n v. Empire Indem. Ins.
  665 F. Supp. 2d 1355· S.D. Fla.· 2009-10-20 ·cited 1×·via Motion To Dismiss Standard (Rule 12(B)(6))
  A plaintiff cannot bring a statutory bad faith claim against an insurer's parent company without alleging a direct contractual relationship or properly perfecting notice requirements.
• Sch. Bd. of Manatee Cnty. v. Lh
  666 F. Supp. 2d 1285· M.D. Fla.· 2009-09-30 ·cited 1×
  The court adopted the Magistrate Judge's Report and Recommendation, granting the motion to dismiss as to the attorneys' fee claim and the § 1983 claim, and denying it in all other respects.
• Lewis v. Seneff
  654 F. Supp. 2d 1349· M.D. Fla.· 2009-08-19 ·cited 1×
  The court held that a prior Texas state court dismissal for lack of standing, even if 'without prejudice,' has issue-preclusive effect on the same standing issue in federal court.
• Sec. & Exch. Comm'n v. Founding P'rs Cap. Mgmt.
  639 F. Supp. 2d 1291· M.D. Fla.· 2009-06-08 ·cited 1×
  The court held that Sun Capital, Inc. and Sun Capital Healthcare, Inc. are not proper relief defendants because they possess a legitimate ownership interest in the funds received, precluding dismissal of the complaint against them.
• In re United States Sugar
  669 F. Supp. 2d 1301· S.D. Fla.· 2009-04-28 ·cited 1×·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court granted in part and denied in part defendants' motions to dismiss, finding that some claims were properly pleaded while others were not, or were subject to dismissal on grounds like failure to exhaust administrative remedies or lack of standing.
• Keating v. City of Miami
  598 F. Supp. 2d 1315· S.D. Fla.· 2009-01-20 ·cited 1×
  The court held that plaintiffs sufficiently alleged Monell claims against municipalities and Fourth Amendment seizure claims based on police 'herding' tactics.
• Lippman v. City of Miami
  622 F. Supp. 2d 1337· S.D. Fla.· 2008-07-24 ·cited 1×
  The court held that the Federal Tort Claims Act (FTCA) claim was barred by sovereign immunity exceptions, specifically the detention of goods and discretionary function exceptions.
• Maguire v. S. Homes of Palm Beach, L.L.C.
  591 F. Supp. 2d 1263· S.D. Fla.· 2008-06-17 ·cited 1×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the purchase agreement was exempt from the Interstate Land Sales Full Disclosure Act because the contractual obligation to build within two years was not illusory, but the breach of contract claim was sufficiently pleaded.
• King v. Movieickets. Com, Inc.
  555 F. Supp. 2d 1339· S.D. Fla.· 2008-05-20 ·cited 1×·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that an electronically transmitted email confirmation containing credit card information is not a "receipt" "printed" under 15 U.S.C. § 1681c(g), and thus, the defendant did not violate the statute.
• Guzman v. Irmadan, Inc.
  211 F.R.D. 71· S.D. Fla.· 2008-04-10 ·cited 1×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
• Izraileva v. Chertoff
  629 F. Supp. 2d 1286· M.D. Fla.· 2007-10-23 ·cited 1×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  Filing a naturalization application review action under 8 U.S.C. § 1447(b) vests exclusive jurisdiction in the district court, divesting the agency of authority to adjudicate the application thereafter.
• Haddad v. Rav Bahamas, Ltd.
  431 F. Supp. 2d 1278· S.D. Fla.· 2006-05-10 ·cited 1×·via Rule 12(B)(6)
  A joint venture interest is not a security under federal law if the investor retains significant control or the transaction is a private, one-on-one agreement not intended for public trading.
• Belknap v. Hartford Life & Accident Ins. Co.
  389 F. Supp. 2d 1320· M.D. Fla.· 2005-06-09 ·cited 1×·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that the insurance policy was governed by ERISA because the employer's actions indicated endorsement, thus preempting state law claims.
• Craig v. Park Fin. of Broward Cnty., Inc.
  390 F. Supp. 2d 1150· M.D. Fla.· 2005-04-26 ·cited 1×·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that Park Finance, as a creditor collecting its own debt, is not a 'debt collector' under the FDCPA, and dismissed claims against it, while staying claims against the attorney due to bankruptcy.
• Wydler v. Bank of Am., N.A.
  360 F. Supp. 2d 1302· S.D. Fla.· 2005-03-15 ·cited 1×
  Plaintiffs challenged Bank of America's $500 escrow waiver fee as a violation of the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2607(b), arguing the fee was charged for services not performed, was duplicative of other monitoring services, or was illusory because t
• P.J. v. Gordon
  359 F. Supp. 2d 1347· S.D. Fla.· 2005-01-24 ·cited 1×·via Motion To Dismiss Standard (Rule 12(B)(6))
  The School Board cannot be held liable for the charter school employee's misconduct because neither the statute, the charter agreement, nor common law imposed a duty on the School Board to supervise the hiring, training, or supervision of the charter school's employees or to ensu