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

• Webster v. Royal Caribbean Cruises, Ltd.
  124 F. Supp. 2d 1317· S.D. Fla.· 2000-11-30 ·cited 33×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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
• Sofarelli v. Pinellas Cnty.
  931 F.2d 718· 11th Cir.· 1991-04-29 ·cited 33×
  The court held that Sofarelli stated a claim under the Fair Housing Act against the neighbors, but not against the county or sheriff. The court also held that § 1983 claims against all parties failed.
• Grove v. Mead Sch. Dist. NO. 354
  753 F.2d 1528· 9th Cir.· 1985-02-22 ·cited 33×
  The inclusion of a novel in a public school curriculum, even if it contains religiously objectionable material or perspectives, does not violate the Establishment Clause or the Free Exercise Clause of the First Amendment.
• 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.
• Hall v. Pa. State Police & Colonel James D. Barger
  570 F.2d 86· 3d Cir.· 1978-01-20 ·cited 33×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  A complaint alleging a police-promoted plan to photograph individuals based on race states a claim under the Civil Rights Acts, and dismissal under Rule 12(b)(6) must be vacated.
• Medmarc Cas. Ins. v. Pineiro & Byrd PLLC
  783 F. Supp. 2d 1214· S.D. Fla.· 2011-03-07 ·cited 32×
  A counterclaim for declaratory relief should not be dismissed as redundant if it seeks different relief than the complaint, even if issues overlap, particularly in contract interpretation cases.
• Kertesz v. Net Transactions, Ltd.
  635 F. Supp. 2d 1339· S.D. Fla.· 2009-06-24 ·cited 32×·via Rule 12(B)(6)
  The court held that it lacked personal jurisdiction over defendants Ventura and TB, and that the plaintiff lacked standing to bring a monetary damages claim under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA).
• D.R. v. Middle Bucks Area Vocational Tech. Sch.
  972 F.2d 1364· 3d Cir.· 1992-08-11 ·cited 32×·via Rule 12(B)(6) Dismissal
  The court held that compulsory school attendance, the minority status of students, and the pervasive control schools exercise over students create a special relationship that imposes a constitutional duty on schools to protect students' liberty interests while in their functional
• In re G. & A. Books, Inc. v. Stern
  770 F.2d 288· 2d Cir.· 1985-08-08 ·cited 32×
  The court affirmed the district court's grant of summary judgment, holding that the Times Square Rehabilitation Project, while impacting adult businesses, was a content-neutral urban renewal effort serving substantial government interests and thus did not violate the First Amendm
• Brandon v. Dist. of Columbia Bd. of Parole
  734 F.2d 56· D.C. Cir.· 1984-05-08 ·cited 32×
  A pro se complaint filed in forma pauperis should not be dismissed sua sponte unless it is frivolous or malicious; a complaint with an arguable basis in law and fact is not frivolous.
• Clare R. Bruffett v. Warner Commc'ns, Inc.
  692 F.2d 910· 3d Cir.· 1982-11-08 ·cited 32×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The dissenting judge believes the court should recognize a cause of action for termination of at-will employment violating public policy against discrimination based on handicap.
• Galef v. Alexander
  615 F.2d 51· 2d Cir.· 1980-01-22 ·cited 32×·via Rule 12(B)(6) Dismissal
  The court held that federal securities claims under § 14(a) are not subject to dismissal under the business judgment rule when directors who are defendants seek dismissal. State law claims must be reconsidered under Ohio law regarding director interest.
• McLAIN v. Real Est. Bd. OF NEW Orleans, Inc.
  583 F.2d 1315· 5th Cir.· 1978-11-15 ·cited 32×·via Rule 12(B)(6) Dismissal
  The court held that residential real estate brokerage activities in the New Orleans area, as alleged, neither occur in nor substantially affect interstate commerce, thus falling outside the Sherman Act's jurisdiction.
• Roberts v. Am. Airlines, Inc.
  526 F.2d 757· 7th Cir.· 1975-12-08 ·cited 32×
  The court held that the dismissal orders should be treated as summary judgments for the defendants, affirming the dismissal as modified because the named plaintiffs had no right to recover damages.
• Frigitemp Corp. v. Fin. Dynamics Fund, Inc.
  524 F.2d 275· 2d Cir.· 1975-10-14 ·cited 32×·via Rule 12(b)(6), Fed. R. Civ. P.
  The court held that the defendants, as purchasers of a debenture, owed no fiduciary duty to the corporation under New York law and that the corporation and its shareholders lacked standing or failed to state a claim under federal securities laws for alleged non-disclosure of mark
• Three Rivers Motors Co. v. The Ford Motor Co. & Auto Lite Corp.
  522 F.2d 885· 3d Cir.· 1975-07-01 ·cited 32×
  A general release, broadly worded and executed in connection with the termination of a franchise agreement, bars a subsequent antitrust action, even if antitrust claims were not specifically contemplated by the parties at the time of signing.
• 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×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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.
• Bonilla v. Oakland Scavenger Co.
  697 F.2d 1297· 9th Cir.· 1982-11-09 ·cited 31×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the district court erred in dismissing the discrimination claims against the employer and that the shareholder preference plan, as it affects employment terms and conditions, is subject to Title VII. The court also found that the union may be liable for breach
• Al Orphan v. Furnco Constr. Corp.
  466 F.2d 795· 7th Cir.· 1972-08-17 ·cited 31×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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
• RAY v. Spirit Airlines, Inc.
  836 F.3d 1340· 11th Cir.· 2016-09-02 ·cited 30×·via Rule 12(B)(6) Dismissal
  In this civil RICO case, the Eleventh Circuit affirmed the dismissal of plaintiffs' complaint alleging that Spirit Airlines fraudulently misrepresented a Passenger Usage Fee as government-imposed when it was actually part of the base fare. The court held that plaintiffs failed to
• Coach Servs., Inc. v. 777 Lucky Accessories, Inc.
  752 F. Supp. 2d 1271· S.D. Fla.· 2010-05-05 ·cited 30×
  The court held that the defendant's counterclaim for tortious interference failed to state a claim because it did not allege a business relationship with identifiable customers, only with the community at large.
• Asset Allocation & Mgmt. Co. v. W. Emp'rs Ins. Co.
  892 F.2d 566· 7th Cir.· 1990-01-03 ·cited 30×
  The court agrees with the majority's analysis of personal jurisdiction issues.
• Dugan v. Brooks
  818 F.2d 513· 6th Cir.· 1987-05-06 ·cited 30×·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 42 U.S.C. § 1983, alleging violations of the fourth and fourteenth amendments.
• Gagne v. City OF Galveston
  805 F.2d 558· 5th Cir.· 1986-12-09 ·cited 30×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  An arresting officer is entitled to qualified immunity when there is no clearly established constitutional duty to discover a prisoner's suicidal tendencies or prevent their suicide.
• Sweater BEE BY Banff, Ltd. v. Manhattan Indus., Inc.
  754 F.2d 457· 2d Cir.· 1985-02-06 ·cited 30×
  The court held that Manhattan did not waive its right to arbitration by filing a motion to dismiss, as the motion addressed non-arbitrable claims and the federal policy strongly favors arbitration.
• Delbert Kaahanui Wakinekona v. Antone Olim
  664 F.2d 708· 9th Cir.· 1981-05-26 ·cited 30×·via Rule 12(B)(6)
  The court held that state regulations creating preconditions for prison transfer establish a liberty interest protected by the Fourteenth Amendment, and this interest is not negated by a state tort claims statute providing post-deprivation redress.
• King R. Johnson, Jr. v. United States
  600 F.2d 1218· 6th Cir.· 1979-06-25 ·cited 30×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the decedent was an employee of a nonappropriated fund instrumentality, and therefore, the Longshoremen's and Harbor Workers' Compensation Act provided the sole and exclusive remedy, precluding a suit under the Federal Tort Claims Act.
• L'Orange v. The Med. Protective Co.
  394 F.2d 57· 6th Cir.· 1968-05-02 ·cited 30×
  An insurer's cancellation of a malpractice policy to intimidate a witness violates Ohio public policy and constitutes a breach of contract, even if the policy terms allow for cancellation.
• Thompson v. The NEW York Cent. R.R. Co.
  361 F.2d 137· 2d Cir.· 1966-05-17 ·cited 30×
  The court held that the interpretation of the collective bargaining agreement regarding seniority transfers is within the exclusive jurisdiction of the Adjustment Board, not the courts. The second claim under the LMRDA was also dismissed for lack of subject matter jurisdiction.
• Cook v. Hirschberg
  258 F.2d 56· 2d Cir.· 1958-08-06 ·cited 30×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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.
• Fay Slagle v. United States & Tex. Air Nat'l Guard
  228 F.2d 673· 5th Cir.· 1956-01-17 ·cited 30×
  The court held that the district court erred in dismissing the complaint without allowing the plaintiffs adequate time for discovery, especially when the motion was treated as one for summary judgment.
• Orion Marine Constr., Inc. v. Carroll
  918 F.3d 1323· 11th Cir.· 2019-03-20 ·cited 29×
  Orion Marine Construction sought to limit its liability under the Shipowner's Limitation of Liability Act for property damage claims arising from pile-driving vibrations during a bridge construction project in Florida, but the district court dismissed the suit as untimely, holdin
• W. Mining Council v. Watt
  643 F.2d 618· 9th Cir.· 1981-04-23 ·cited 29×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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.
• Ammoneta Sequoyah v. Tenn. Valley Auth.
  620 F.2d 1159· 6th Cir.· 1980-04-15 ·cited 29×
  The court held that the plaintiffs failed to allege a constitutionally cognizable infringement of a First Amendment right, as their claims regarding the flooding of the Tellico Valley were primarily cultural and historical, not central to their religious practice.
• Murphy v. Inexco OIL Co.
  611 F.2d 570· 5th Cir.· 1980-02-08 ·cited 29×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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
• Gerald Lipsky under the Will of Walden Robert Cassotto v. Commonwealth United Corp. (now known as Iota Indus.
  551 F.2d 887· 2d Cir.· 1976-12-01 ·cited 29×
  The court held that the dismissal of the complaint was premature as the materiality of the 'best efforts' clause and the possibility of restoring the status quo presented factual questions requiring evidence. It also found that claims against CUM and the Hudson defendants were im
• Shockley v. Jones
  823 F.2d 1068· 7th Cir.· 1987-06-26 ·cited 28×·via Rule 12(b)(6), Fed. R. Civ. P.
  The court held that while the district court erred in dismissing the case for lack of subject matter jurisdiction, it correctly dismissed the complaint for failure to state a claim under the Eighth Amendment, and therefore affirmed the judgment.
• Robb v. City OF Philadelphia & Mann
  733 F.2d 286· 3d Cir.· 1984-05-07 ·cited 28×
  The court held that plaintiff's complaint sufficiently stated a First Amendment claim under § 1983 for retaliation based on speech and association, but failed to state a Fourteenth Amendment due process claim for deprivation of property or liberty.
• Lewis v. Al Knutson
  699 F.2d 230· 5th Cir.· 1983-02-28 ·cited 28×
  The court held that a hostile tender offeror owes no fiduciary duty to a target company or its shareholders, and a shareholder who loses their status during litigation lacks standing. The district court did not abuse its discretion in denying leave to amend or reconsider.
• Nevijel v. N. Coast Life Ins. Co.
  651 F.2d 671· 9th Cir.· 1981-07-23 ·cited 28×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the district court did not abuse its discretion in dismissing the amended complaint with prejudice for failure to comply with Federal Rules of Civil Procedure 8(a) and 8(e).
• Harley McLAIN v. Meier
  612 F.2d 349· 8th Cir.· 1979-12-18 ·cited 28×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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.
• Exxon Corp. v. Md. Cas. Co.
  599 F.2d 659· 5th Cir.· 1979-07-26 ·cited 28×
  A plaintiff cannot unilaterally dismiss a single claim under Rule 41(a)(1)(i) after the defendant has filed a motion for summary judgment, even if that motion addressed only one of multiple claims.
• Hanna v. United States Veterans' Admin. Hosp.
  514 F.2d 1092· 3d Cir.· 1975-04-18 ·cited 28×
  The court held that the district court erred in dismissing the Federal Tort Claims Act suit as time-barred because a genuine issue of material fact existed regarding when the statute of limitations began to run.
• Dunn v. White
  880 F.2d 1188· 10th Cir.· 1989-08-01 ·cited 27×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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.
• Mahone v. Addicks Util. Dist. OF Harris Cnty.
  836 F.2d 921· 5th Cir.· 1988-02-04 ·cited 27×
  The court held that the plaintiff's voting rights and procedural due process claims were properly dismissed, but the equal protection claim requires further consideration. The court also directed dismissal of only federal claims with prejudice.
• Irwin H. Lawhorn v. The Atl. Ref. Co.
  299 F.2d 353· 5th Cir.· 1962-02-14 ·cited 27×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  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.