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

• Reddy v. Litton Indus., Inc.
  912 F.2d 291· 9th Cir.· 1990-08-16 ·cited 22×·via Federal Rule Of Civil Procedure 12(B)(6) Dismissal Standard
  An employee wrongfully terminated for refusing to participate in or report alleged racketeering activity lacks standing to sue under RICO because the injury suffered is the termination itself, not the predicate acts of racketeering.
• Worsham v. The City OF Pasadena
  881 F.2d 1336· 5th Cir.· 1989-08-31 ·cited 22×
  The court held that a plaintiff must be given an opportunity to prove that a municipality's policymakers absolutely delegated final policymaking authority to a subordinate official, even if positive law suggests otherwise, by demonstrating a custom or usage of abdicating review p
• Patsi Ayala v. JOY Mfg. Co.
  877 F.2d 846· 10th Cir.· 1989-06-16 ·cited 22×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the MSHA inspector's specific technical assistance, which allegedly led to improper wiring and a mine explosion, did not fall under the discretionary function exception to the FTCA because it did not involve policy judgment.
• Freedman v. City OF Allentown
  853 F.2d 1111· 3d Cir.· 1988-08-10 ·cited 22×
  The court held that the allegations in the complaint were sufficient to withstand a motion to dismiss under Rule 12(b)(6) for claims against Detective Balliet and the municipal defendants, as they sufficiently alleged reckless indifference to a detainee's suicidal tendencies.
• Rawleigh C. Wilson v. The Civil Town OF Clayton
  839 F.2d 375· 7th Cir.· 1988-02-03 ·cited 22×
  The court held that the Parratt doctrine, which allows dismissal of procedural due process claims when an adequate post-deprivation state remedy exists for random and unauthorized acts, does not apply to claims against municipalities acting under official policy or to claims wher
• Knight v. Mills
  836 F.2d 659· 1st Cir.· 1987-12-29 ·cited 22×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  State officials are entitled to qualified immunity from civil damages when their actions do not violate clearly established statutory or constitutional rights, and a declaratory judgment is not warranted on this record.
• Nemaizer v. Baker
  793 F.2d 58· 2d Cir.· 1986-06-05 ·cited 22×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The district court did not abuse its discretion in construing a prior stipulated dismissal to allow a subsequent ERISA claim, finding a mutual misunderstanding regarding the scope of the dismissal.
• Melvin A. Seglin, M.D. v. Truman Esau
  769 F.2d 1274· 7th Cir.· 1985-08-08 ·cited 22×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the plaintiff failed to allege sufficient facts to establish a substantial effect on interstate commerce, thus failing to state a claim under the Sherman Act.
• Mark v. Furay
  769 F.2d 1266· 7th Cir.· 1985-08-08 ·cited 22×·via Rule 12(B)(6)
  A plaintiff arrested pursuant to a facially valid warrant generally has no claim for unconstitutional deprivation of liberty under § 1983, even if the arresting officers had malicious motives, unless the plaintiff can show the warrant was procured by misrepresentation of material
• GAY v. Wall
  761 F.2d 175· 4th Cir.· 1985-05-08 ·cited 22×
  The court held that the district court abused its discretion by converting a motion to dismiss into a motion for summary judgment without providing the plaintiff reasonable opportunity for discovery. The court also held that the plaintiff's claim of detention despite actual knowl
• Hanrahan v. Lane
  747 F.2d 1137· 7th Cir.· 1984-10-30 ·cited 22×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that while a prisoner's Fourth Amendment claim regarding cell searches is barred, the claim that he was denied due process by not receiving a statement of evidence relied upon for a guilty finding states a claim upon which relief can be granted.
• Buscemi v. McDONNELL Douglas Corp.
  736 F.2d 1348· 9th Cir.· 1984-07-06 ·cited 22×
  A union employee's claims for wrongful termination and intentional infliction of emotional distress arising from discharge are preempted by federal labor law and are subject to specific statutes of limitations.
• D.P. Enters. v. Bucks Cnty. Cmty. Coll.
  725 F.2d 943· 3d Cir.· 1984-01-20 ·cited 22×·via Rule 12(b)(6), Fed. R. Civ. P.
  The court held that the district court erred in dismissing the complaint based on governmental immunity, as the plaintiffs' allegations, if true, could fall under an exception to the immunity statute.
• Selva & Sons, Inc. v. Nina Footwear, Inc.
  705 F.2d 1316· Fed. Cir.· 1983-04-12 ·cited 22×
  The court held that the Trademark Trial and Appeal Board abused its discretion by treating a motion to dismiss as a motion for summary judgment without providing adequate notice to the appellant, and that the board should have considered the estoppel issue.
• Swilley v. Alexander
  629 F.2d 1018· 5th Cir.· 1980-11-03 ·cited 22×
  The court held that the district court erred in dismissing the teacher's claims, as his speech on matters of public concern was protected under the First Amendment and his due process rights were violated.
• Wolfson v. Baker
  623 F.2d 1074· 5th Cir.· 1980-08-14 ·cited 22×·via Rule 12(B)(6) Dismissal
  The court held that nonmutual collateral estoppel was properly applied to establish the appellant's knowledge of the illegality of his stock sales, and that the in pari delicto defense barred his claim under NYSE Rule 405.
• Moreland v. W. Pa. Interscholastic Athletic League & Pa. Interscholastic Athletic Ass'n & Sch. Dist. of the Borough of Aliquippa
  572 F.2d 121· 3d Cir.· 1978-02-27 ·cited 22×·via Rule 12(B)(6)
  The court held that the PIAA's suspension of Aliquippa High School's basketball team from post-season play, due to prior rule violations, was rationally related to legitimate athletic league purposes and did not violate equal protection. However, the district court improperly dis
• Bryan v. Stillwater Bd. OF Realtors
  578 F.2d 1319· 10th Cir.· 1977-07-26 ·cited 22×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the plaintiff's allegations did not establish a conspiracy in restraint of interstate commerce or an unlawful monopoly actionable under the federal antitrust laws, and thus the complaint was properly dismissed for failure to state a claim and lack of subject m
• Weinberger v. Retail Credit Co.
  498 F.2d 552· 4th Cir.· 1974-05-29 ·cited 22×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the plaintiff's claims were barred by the applicable statutes of limitations, and the allegations of fraudulent concealment were insufficient to toll those statutes.
• Mrs. Grace Carrigan v. Sunland-Tujunga Tel. Co. & State of Cal.
  263 F.2d 568· 9th Cir.· 1959-01-28 ·cited 22×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  A district court judge can dismiss a case for failure to state a claim, even if it involves a request for an injunction against a state statute, without convening a three-judge court if no substantial federal question is presented.
• Galstaldi v. Sunvest Cmtys. USA, LLC
  637 F. Supp. 2d 1045· S.D. Fla.· 2009-03-25 ·cited 21×
  The court held that the defendants, as non-parties to the purchase agreements, could not rely on the contracts' disclaimers to bar the plaintiffs' claims, and that the plaintiffs had sufficiently alleged the defendants' participation in deceptive trade practices.
• Allegiance Healthcare Corp. v. Coleman
  232 F. Supp. 2d 1329· S.D. Fla.· 2002-11-14 ·cited 21×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that a successor entity can enforce non-compete agreements acquired through stock purchases or mergers, and that the Uniform Trade Secrets Act preempts common law unfair competition claims based on the same allegations.
• Warren v. Soc'y Nat'l Bank
  905 F.2d 975· 6th Cir.· 1990-06-22 ·cited 21×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court concurred that the bank failed to show entitlement to dismissal for failure to state a claim.
• Kerasotes Mich. Theatres, Inc. v. Nat'l Amusements, Inc.
  854 F.2d 135· 6th Cir.· 1988-08-12 ·cited 21×
  The court held that a party's alleged use of monopoly power in one market to gain a competitive advantage in another market, even without possessing a dominant position in the second market, is actionable under Section 2 of the Sherman Act and sufficient to survive a Rule 12(b)(6
• Griggs v. Hinds Junior Coll.
  563 F.2d 179· 5th Cir.· 1977-11-17 ·cited 21×·via Rule 12(b)(6), Fed. R. Civ. P.
  The court held that the district court abused its discretion by failing to grant leave to amend the complaint.
• Bentley v. Bank of Am., N.A.
  773 F. Supp. 2d 1367· S.D. Fla.· 2011-03-23 ·cited 20×·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court granted the motion to dismiss, dismissing most claims with prejudice and others without prejudice, allowing amendment for some claims.
• Porter v. Nutter
  913 F.2d 37· 1st Cir.· 1990-09-11 ·cited 20×
  A supervisor is not liable to an injured co-employee for negligence if the conduct falls within the scope of the employer's nondelegable duty to maintain a safe workplace.
• Revene v. Charles Cnty. Comm'rs
  882 F.2d 870· 4th Cir.· 1989-08-14 ·cited 20×
  The court held that the dismissal of the § 1983 claim and state law tort claim against the deputy sheriff in his individual capacity was error, but dismissal of claims against the Sheriff, Office of Sheriff, and County Commissioners was proper.
• Reverend Arcadio Natal v. The Christian & Missionary Alliance
  878 F.2d 1575· 1st Cir.· 1989-07-14 ·cited 20×
  Civil courts cannot adjudicate disputes concerning a religious organization's internal governance, including the selection and retention of its clergy, as such matters are protected by the First Amendment's Free Exercise Clause.
• Hammond v. Baldwin
  866 F.2d 172· 6th Cir.· 1989-01-18 ·cited 20×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the Offutts' claims of bias and property damage were not ripe for judicial review because they had not exhausted state administrative remedies or obtained a final decision from the state agency.
• Cullom v. Hibernia Nat'l Bank
  859 F.2d 1211· 5th Cir.· 1988-10-28 ·cited 20×
  An employee discharged for refusing to participate in illegal activity under RICO lacks standing to sue under § 1964(c) because the injury does not flow from the predicate acts.
• Rutman Wine Co. v. E. & J. Gallo Winery
  829 F.2d 729· 9th Cir.· 1987-09-30 ·cited 20×·via Rule 12(B)(6) Dismissal
  The court held that the plaintiff failed to allege facts sufficient to establish injury to competition under the Sherman Act and Robinson-Patman Act, and that the Ohio antitrust claims were therefore also properly dismissed.
• Washington v. James
  782 F.2d 1134· 2d Cir.· 1986-02-03 ·cited 20×
  The court held that a pro se prisoner's complaint alleging intentional violation of his right to reasonable access to the courts and legal mail, including the unauthorized opening of outgoing legal mail, is sufficient to survive a motion to dismiss under Rule 12(b)(6).
• Curl v. Reavis
  740 F.2d 1323· 4th Cir.· 1984-08-01 ·cited 20×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that a deputy sheriff can be an employee under Title VII, and that a plaintiff who accepted one denied position did not waive her right to be instated in another denied position based on a separate violation.
• Walaschek & Assocs., Inc. v. Crow
  733 F.2d 51· 7th Cir.· 1984-05-03 ·cited 20×
  The court held that the district court did not abuse its discretion in granting summary judgment because the plaintiff failed to present evidence of restrictions on the oral permission granted to the defendant to use existing latex additive.
• Maggette v. Dalsheim
  709 F.2d 800· 2d Cir.· 1983-06-10 ·cited 20×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the district court erred in dismissing the pro se complaint for default and lack of personal involvement, as the allegations were sufficient and proper notice was not given.
• Fusco v. Xerox Corp.
  676 F.2d 332· 8th Cir.· 1982-04-28 ·cited 20×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that appellants sufficiently stated a cause of action for price discrimination regarding the used 800-type word processors, but not for the 850-type equipment.
• Sims v. Mercy Hosp. OF Monroe
  451 F.2d 171· 6th Cir.· 1971-11-26 ·cited 20×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the trial court erred in granting a motion to dismiss by improperly considering matters outside the complaint and failing to allow amendment.
• Dragor Shipping Corp. v. Union Tank CAR Co.
  361 F.2d 43· 9th Cir.· 1966-04-07 ·cited 20×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the Arizona District Court lacked personal jurisdiction over the defendant because the lawsuit concerning a settlement agreement and promissory note executed in New York did not arise out of or involve business done or transactions in Arizona, thus violating d
• Rennie & Laughlin, Inc. v. Chrysler Corp.
  242 F.2d 208· 9th Cir.· 1957-03-08 ·cited 20×
  The court held that the amended complaint failed to state a claim upon which relief could be granted, as the plaintiff could not establish waiver or promissory estoppel based on the alleged facts.
• Galbreath v. Metro. Tr. Co. of Cal.
  134 F.2d 569· 10th Cir.· 1943-03-12 ·cited 20×
  The court held that the appellant, as an assignee of the Deposit Company, had no justiciable interest in the fund because the Deposit Company was bound by the settlement agreement which dictated the distribution of all assets.
• Nirvana Condo. Ass'n, Inc. v. QBE Ins. Corp.
  589 F. Supp. 2d 1336· S.D. Fla.· 2008-12-08 ·cited 19×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  A claim for breach of the implied warranty of good faith and fair dealing in an insurance contract is premature and must be dismissed if it overlaps with a statutory bad faith claim that has not yet ripened. A claim for declaratory judgment regarding contract validity and coverag
• Crowell v. Morgan Stanley Dean Witter Servs.
  87 F. Supp. 2d 1287· S.D. Fla.· 2000-01-27 ·cited 19×·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that the "bespeaks caution" doctrine and the Florida Economic Loss Rule did not bar claims based on alleged misrepresentations made before prospectus delivery, but the Florida Deceptive and Unfair Trade Practices Act does not apply to securities transactions.
• Michaels Bldg. Co. v. Ameritrust Co., N.A.
  848 F.2d 674· 6th Cir.· 1988-05-17 ·cited 19×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the district court erred in dismissing the fraud and antitrust claims for failure to plead with particularity, but correctly dismissed the misjoined defendant.
• Hall v. Sutton
  755 F.2d 786· 11th Cir.· 1985-03-19 ·cited 19×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that claims of substantive constitutional right violations are not barred by the availability of state remedies, but claims of procedural due process violations are barred if adequate state remedies exist. The court affirmed dismissal of claims barred by Parratt v.
• Ginn Biesenbach v. Guenther
  588 F.2d 400· 3d Cir.· 1978-12-04 ·cited 19×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  A breach of fiduciary duty, without accompanying deception, misrepresentation, or nondisclosure, does not state a cause of action under Section 10(b) of the Securities Exchange Act or Rule 10b-5.
• Douglas v. United States
  814 F.3d 1268· 11th Cir.· 2016-02-29 ·cited 18×
  The Eleventh Circuit reversed the district court's dismissal of the inmate's pay claim, finding that the discretionary function exception did not apply because Bureau of Prisons regulations mandated the payment of vested wages. The court affirmed the dismissal of the inmate's oth
• Susan and Reggie Griffith v. Marlin Johnston
  899 F.2d 1427· 5th Cir.· 1990-05-04 ·cited 18×
  The court held that the appellants failed to allege a constitutionally sufficient liberty or property interest abridged by the TDHS, and thus affirmed the district court's dismissal of the constitutional claims.
• John v. Honorable Michael J. Barron
  897 F.2d 1387· 7th Cir.· 1990-03-08 ·cited 18×·via Rule 12(B)(6) Dismissal
  The court held that appellate jurisdiction for Rule 11 sanctions is lacking if the amount of fees is not determined, that judicial immunity shields a state judge from damages for acts within jurisdiction, and that appeals with perfunctory briefs are dismissed.
• State OF Cal. v. Am. Stores Co.
  872 F.2d 837· 9th Cir.· 1989-03-31 ·cited 18×
  The court held that the district court abused its discretion by issuing a preliminary injunction that constituted impermissible indirect divestiture under Section 16 of the Clayton Act, but affirmed the district court's finding of a likelihood of success on the merits and irrepar