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

• Kaplan v. Assetcare, Inc.
  88 F. Supp. 2d 1355· S.D. Fla.· 2000-03-14 ·cited 42×
  The court held that claims under the FDCPA and FCCPA could proceed, but claims under the Florida Insurance Code would be dismissed without prejudice due to lack of supplemental jurisdiction over novel state law issues.
• ThunderWave, Inc. v. Carnival Corp.
  954 F. Supp. 1562· S.D. Fla.· 1997-01-23 ·cited 42×
  The court granted dismissal for tortious interference and misrepresentation claims but denied dismissal for unjust enrichment claims.
• Mann v. Adams Realty Co., Inc.
  556 F.2d 288· 5th Cir.· 1977-07-22 ·cited 42×
  The court held that the district court erred in dismissing the complaint based on the statute of limitations, as the pleadings raised factual questions regarding when the appellants discovered the alleged fraud.
• Gerard and Gemma Brault v. Town OF Milton
  527 F.2d 730· 2d Cir.· 1975-02-24 ·cited 42×·via Rule 12(b)(6), Fed. R. Civ. P.
• Samara v. United States
  129 F.2d 594· 2d Cir.· 1942-07-06 ·cited 42×
  A taxpayer suing for a refund is limited to the grounds and evidence presented to the Commissioner, and failure to present sufficient evidence to the Commissioner can lead to dismissal on the merits.
• Crawford's Auto Ctr., Inc. v. State Farm Mut. Auto. Ins. Co.
  945 F.3d 1150· 11th Cir.· 2019-12-20 ·cited 41×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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.
• Rocco DiLEO and Louise DiLeo v. Ernst & Young
  901 F.2d 624· 7th Cir.· 1990-05-07 ·cited 41×·via Federal Rule Of Civil Procedure 12(B)(6) Dismissal Standard
  The court held that the complaint failed to plead fraud with the particularity required by Rule 9(b) and lacked sufficient allegations of scienter and duty for aiding and abetting claims.
• Professor Harriet Spiegel v. The Trs. OF Tufts Coll.
  843 F.2d 38· 1st Cir.· 1988-03-30 ·cited 41×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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.
• Goodwin v. Elkins & Co.
  730 F.2d 99· 3d Cir.· 1984-03-14 ·cited 41×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  A court may consider documents relied upon in a complaint on a motion to dismiss, even if not attached, if their authenticity is unchallenged.
• Ryan v. Occidental Petroleum Corp.
  577 F.2d 298· 5th Cir.· 1978-07-28 ·cited 41×
  The court held that it lacked jurisdiction to hear the appeal because the district court's orders did not constitute a final decision under 28 U.S.C. § 1291, nor did they meet the requirements for an exception to the finality rule.
• Wheeler v. Main Hurdman
  825 F.2d 257· 10th Cir.· 1987-07-27 ·cited 40×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  Federal antidiscrimination laws do not apply to bona fide general partners, as they are not considered employees under these statutes.
• Howry v. Nisus, Inc.
  910 F. Supp. 576· M.D. Fla.· 1995-10-09 ·cited 39×
  The court held that the plaintiff stated sufficient allegations to potentially establish employer status under Title VII, but dismissed the intentional infliction of emotional distress claim for failing to allege sufficiently outrageous conduct.
• Crawford v. United States
  796 F.2d 924· 7th Cir.· 1986-07-17 ·cited 39×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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.
• McKINNEY v. Honorable Elizabeth Dole
  765 F.2d 1129· D.C. Cir.· 1985-07-02 ·cited 39×
  The court held that the plaintiff's complaint, when liberally construed, stated a claim for sex discrimination, but that summary judgment was appropriate on the reprisal claim due to a lack of causal connection.
• Thomas W. Garland, Inc. v. The City OF ST. Louis & Manley Inv. Co.
  596 F.2d 784· 8th Cir.· 1979-02-28 ·cited 39×·via Rule 12(B)(6) Dismissal
  The court held that physical invasion or appropriation is not essential to a claim of de facto condemnation, and that governmental action substantially interfering with property rights can constitute a taking.
• Jennings v. Ilus W. Davis
  476 F.2d 1271· 8th Cir.· 1973-04-20 ·cited 39×
  The court held that respondeat superior is not available to impose vicarious liability under 42 U.S.C. § 1983 for a defendant who has no personal involvement in the alleged deprivation of rights, and that negligence claims also failed due to lack of affirmative duty or personal i
• MSP Recovery Claims v. Metro. Gen. Ins. Co.
  40 F.4th 1295· 11th Cir.· 2022-07-18 ·cited 38×
  The court held that the district court erred in failing to consider the exhibit attached to the complaint and that the complaint, when read with the exhibit, plausibly alleged that the defendants had a demonstrated responsibility to pay.
• LaFALCE v. Houston
  712 F.2d 292· 7th Cir.· 1983-07-14 ·cited 38×
  The First Amendment does not forbid a city from using political criteria in awarding public contracts, as the interest in free expression for contractors is less compelling than for public employees.
• Dunn v. The State OF Tenn.
  697 F.2d 121· 6th Cir.· 1982-12-30 ·cited 38×
  A claim for malicious prosecution under 42 U.S.C. § 1983 can be actionable if it alleges a deprivation of constitutional rights under color of state law, and such a claim accrues upon the favorable termination of the underlying criminal proceeding.
• McGRUDER v. Phelps
  608 F.2d 1023· 5th Cir.· 1979-12-26 ·cited 38×
  The court held that the district court erred in dismissing the complaint because the facts alleged regarding prolonged confinement and lack of outdoor exercise may constitute an Eighth Amendment violation.
• Herrmann v. Moore
  576 F.2d 453· 2d Cir.· 1978-05-10 ·cited 38×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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.
• Scott v. Plante
  532 F.2d 939· 3d Cir.· 1976-03-29 ·cited 38×·via Rule 12(B)(6) Dismissal
  The court held that the district court improperly dismissed the plaintiff's claims, including those regarding involuntary medication, confinement without treatment, physical conditions, unconstitutional confinement, and procedural issues in hearings, and that the plaintiff's requ
• Nolan v. Meyer
  520 F.2d 1276· 2d Cir.· 1975-07-29 ·cited 38×
  The court held that the plaintiff's asserted federal common law cause of action was too insubstantial to confer subject matter jurisdiction, as the plan benefits are governed by state law and any antitrust claim is time-barred.
• S & S Logging Co., Inc. v. Barker
  366 F.2d 617· 9th Cir.· 1966-08-24 ·cited 38×·via Rule 12(B)(6)
  The court held that the Gregoire rule, extending official privilege, should not apply to a conspiracy to monopolize in violation of the Sherman Act, even if overt acts fell within official authority.
• Montesano v. Seafirst Commercial Corp.
  818 F.2d 423· 5th Cir.· 1987-06-05 ·cited 37×·via Rule 12(B)(6) Dismissal
  The court held that while plaintiffs alleged a pattern of racketeering activity, they failed to allege an "association in fact" enterprise separate and apart from the pattern of activity, thus affirming the dismissal.
• The Conn. Nat'l Bank v. Fluor Corp. & Fluor Acquisition Corp.
  808 F.2d 957· 2d Cir.· 1987-01-05 ·cited 37×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the district court correctly dismissed the Williams Act claim for failure to plead scienter with particularity, but erred in dismissing the state law claims for lack of pendent jurisdiction when diversity jurisdiction was also alleged.
• City OF Evansville v. Ky. Liquid Recycling, Inc.
  604 F.2d 1008· 7th Cir.· 1979-08-09 ·cited 37×
  A claim is stated under the federal common law of nuisance for interstate water pollution, and the district court has jurisdiction under 28 U.S.C. § 1331. However, no private right of action exists under the Rivers and Harbors Act, the Federal Water Pollution Control Act, or the
• Davis v. City of Apopka
  78 F.4th 1326· 11th Cir.· 2023-08-28 ·cited 36×·via Rule 12(B)(6) Dismissal
  In 2011, Timothy Davis shot and killed his 22-year-old son during a domestic confrontation in Florida and was arrested at the scene. After Davis was acquitted of murder at trial, he sued the City of Apopka under federal and state law, claiming the officers arrested him without pr
• Franza v. Royal Caribbean Cruises, Ltd.
  772 F.3d 1225· 11th Cir.· 2014-11-10 ·cited 36×·via Rule 12(B)(6)
  Patricia Franza, as representative of her father Pasquale Vaglio's estate, appealed the dismissal of her maritime negligence suit against Royal Caribbean Cruises for medical malpractice committed by the ship's nurse and doctor while the vessel was docked in Bermuda. The Eleventh
• Busby v. Crown Supply, Inc.
  896 F.2d 833· 4th Cir.· 1990-02-20 ·cited 36×
  The court held that a plaintiff alleging a violation of 18 U.S.C. § 1962(a) need not show injury solely from the investment or use of racketeering income, and that the 'person' and 'enterprise' need not be distinct under § 1962(a).
• Jackson v. S. Cal. GAS Co.
  881 F.2d 638· 9th Cir.· 1989-07-28 ·cited 36×
  The court held that claims substantially dependent on interpreting a collective bargaining agreement are preempted by Section 301 of the LMRA, but claims based on independent state policies, like anti-discrimination laws, are not preempted. Claims preempted by Section 301 were pr
• Rutan v. Republican Party OF Illinois
  868 F.2d 943· 7th Cir.· 1989-02-16 ·cited 36×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court's majority opinion, which the author disagrees with, appears to allow "politics as usual" for government workers in certain cities, contrary to other circuits.
• Gaff v. Fed. Deposit Ins. Corp.
  814 F.2d 311· 6th Cir.· 1987-03-20 ·cited 36×·via Rule 12(B)(6) Dismissal
  The court held that a shareholder alleging only diminution in stock value lacks standing for direct federal claims, but state law claims should not have been dismissed with prejudice.
• Schy v. The Susquehanna Corp.
  419 F.2d 1112· 7th Cir.· 1970-01-05 ·cited 36×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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.
• Southaven Land Co., Inc. v. Malone & Hyde, Inc.
  715 F.2d 1079· 6th Cir.· 1983-08-23 ·cited 35×
  A party must be a direct participant or consumer in the relevant market, or suffer an injury inextricably intertwined with the market's injury, to have standing under Section 4 of the Clayton Act.
• Perington Wholesale, Inc. v. Burger King Corp.
  631 F.2d 1369· 10th Cir.· 1979-10-31 ·cited 35×
  The court held that the notice of appeal, despite its ambiguity, sufficiently indicated an intent to appeal the dismissal of Carpenter from the suit, and thus the appeal was validly taken.
• Harmsen v. Smith
  542 F.2d 496· 9th Cir.· 1976-08-10 ·cited 35×
  Minority stockholders cannot maintain a direct claim under Section 93 of the National Banking Act for damages stemming solely from the diminution of their stock value, as such injury is to the corporation, not distinct to the shareholders.
• Jayne Swinford v. Santos
  121 F.4th 179· 11th Cir.· 2024-11-04 ·cited 34×
  The Eleventh Circuit held that the district court properly considered body camera footage under the incorporation-by-reference doctrine when ruling on a motion to dismiss, and that the officers were entitled to qualified immunity.
• Pincus v. Am. Traffic Solutions, Inc.
  986 F.3d 1305· 11th Cir.· 2021-02-02 ·cited 34×
  The Eleventh Circuit certified questions of Florida statutory and common law interpretation to the Florida Supreme Court due to a lack of precedent and potential broad implications.
• Williams v. Faulkner
  837 F.2d 304· 7th Cir.· 1988-01-12 ·cited 34×·via Rule 12(B)(6) Standard
  The court held that a district court's sua sponte dismissal of a pro se, in forma pauperis complaint under 28 U.S.C. § 1915(d) requires a less stringent standard than a dismissal under Rule 12(b)(6), and that the Eighth Amendment claim against certain defendants was not frivolous
• Joseph v. Patterson
  795 F.2d 549· 6th Cir.· 1986-07-02 ·cited 34×
  Prosecutors are not absolutely immune for investigative or administrative acts, but are immune for actions directly related to initiating and presenting a criminal case. Investigators generally have qualified immunity.
• Sevier v. Turner
  742 F.2d 262· 6th Cir.· 1984-08-08 ·cited 34×·via Rule 12(B)(6) Dismissal
  The court held that federal abstention is not appropriate in this case, as the appellant alleged extraordinary circumstances involving federal constitutional violations.
• John v. Norris
  737 F.2d 1148· D.C. Cir.· 1984-06-22 ·cited 34×
  The court held that a prisoner alleging unprovoked macing and beating by correctional officers states a claim under 42 U.S.C. § 1983, even without permanent injury, if the force was applied maliciously and sadistically.
• McKINNIS v. Lt. James Mosely
  693 F.2d 1054· 11th Cir.· 1982-12-13 ·cited 34×·via Rule 12(B)(6) Dismissal
  The court held that while the prisoner's claim was properly brought under § 1983, it failed to state a claim upon which relief could be granted because it did not present an identifiable federal or constitutional issue.
• Dyke v. Gulf OIL Corp.
  601 F.2d 557· Temp. Emer. Ct. App.· 1979-06-05 ·cited 34×·via Rule 12(B)(6)
  The Department of Energy (DOE) is not required to be joined as a party in private damage actions under Section 210 of the Economic Stabilization Act, and ordinarily may not be joined as a full-fledged party except in specific circumstances.
• Safeguard Mut. Ins. Co. v. Miller
  472 F.2d 732· 3d Cir.· 1973-01-23 ·cited 34×·via Rule 12(B)(6) Dismissal
  The court held that dismissal based on governmental immunity was improper without a factual record, and that injunctive relief is not subject to such immunity.