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

• Devaughn E. Williams v. First Union Nat'l Bank OF N.C.
  920 F.2d 232· 4th Cir.· 1990-12-06 ·cited 14×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  Discriminatory discharge and retaliation claims are not actionable under 42 U.S.C. § 1981, and the Supreme Court's interpretation of § 1981 in Patterson v. McLean Credit Union applies retroactively.
• Guercio v. George Brody (88-2013) & John Feikens (89-1137)
  911 F.2d 1179· 6th Cir.· 1990-08-13 ·cited 14×
  The court held that a motion to dismiss requires accepting allegations as true, preventing application of the Pickering balancing test and qualified immunity at that stage.
• Jacobson v. Cooper
  882 F.2d 717· 2d Cir.· 1989-08-18 ·cited 14×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the plaintiff adequately alleged a RICO enterprise distinct from the individual defendants and a pattern of racketeering activity, reversing the district court's dismissal.
• Gillman v. Burlington N. R.R. Co.
  878 F.2d 1020· 7th Cir.· 1989-07-11 ·cited 14×
• Evans v. McKAY
  869 F.2d 1341· 9th Cir.· 1989-03-16 ·cited 14×·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that the plaintiffs sufficiently pleaded a claim under 42 U.S.C. § 1981 against individual defendants and a claim under 42 U.S.C. § 1983 against individual police officers, tribal defendants, and the City of Browning, but affirmed the dismissal of the § 1983 claim
• Hughes v. Patrolmen's Benevolent Ass'n OF the City OF NEW York, Inc.
  850 F.2d 876· 2d Cir.· 1988-06-15 ·cited 14×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that allowing recovery for both intentional infliction of emotional distress and prima facie tort for the same conduct constitutes an impermissible double recovery under New York law, requiring reversal of the prima facie tort awards.
• McLEAN v. Int'l Harvester Co.
  817 F.2d 1214· 5th Cir.· 1987-06-02 ·cited 14×
• Palmer v. City OF Decatur
  814 F.2d 426· 7th Cir.· 1987-03-12 ·cited 14×
  The court held that dismissing a pro se, incarcerated plaintiff's case with prejudice for failure to obtain counsel and respond to a motion within a short timeframe, without adequate notice, constituted an abuse of discretion.
• Leasing Serv. Corp. v. Crane
  804 F.2d 828· 4th Cir.· 1986-10-30 ·cited 14×
  The court held that the waiver of defenses clause in the lease agreement is enforceable under UCC § 9-206, precluding the handwritten agreement's limitation of remedies, and that the lease covered both the rig and the truck.
• Randol Nichols v. United States
  796 F.2d 361· 10th Cir.· 1986-07-18 ·cited 14×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the district court erred in converting a motion to dismiss into a summary judgment motion without proper notice, and that the government failed to establish that the employee was acting outside the scope of his employment.
• Clark v. Amoco Prod. Co.
  794 F.2d 967· 5th Cir.· 1986-07-18 ·cited 14×·via Rule 12(B)(6) Standard
  The court held that the district court erred in dismissing the appellants' claim under the doctrines of presumed lost deed and laches, as these defenses were not sufficiently established on the face of the pleadings. The court also found that res judicata did not bar the claim.
• Bass v. Jackson
  790 F.2d 260· 2d Cir.· 1986-05-13 ·cited 14×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the plaintiff's allegations, liberally construed, stated a claim for deliberate indifference to a known risk of harm and that the complaint sufficiently implicated supervisory officers Waters and Spinner in this claim.
• Miami Herald Publ'g Co. v. Ferre
  636 F. Supp. 970· S.D. Fla.· 1985-08-15 ·cited 14×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that it had jurisdiction over the defendant's counterclaim and that each count of the counterclaim failed to state a claim upon which relief could be granted.
• Malone v. Colyer
  710 F.2d 258· 6th Cir.· 1983-06-22 ·cited 14×·via Federal Rule Of Civil Procedure 12(B)(6) Dismissal Standard
  The court held that a pro se complaint is frivolous under 28 U.S.C. § 1915(d) if it appears beyond doubt that the plaintiff can prove no set of facts entitling them to relief, adopting the standard from Estelle v. Gamble. The court found the claims regarding jail conditions and a
• Miscellaneous Serv. Workers v. Philco-Ford Corp.
  661 F.2d 776· 9th Cir.· 1981-11-16 ·cited 14×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the Service Contract Act does not create a private right of action for employees against their employers, and that the state wage and hour claims were properly dismissed for failure to state a claim.
• Experimental Eng'g, Inc. v. United Techs. Corp.
  614 F.2d 1244· 9th Cir.· 1980-03-10 ·cited 14×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the district court erred in dismissing the plaintiff's claims for failure to state a claim or grant summary judgment, as the plaintiff alleged facts that, if proven, would entitle them to relief and material facts remained in dispute.
• Neel v. Rehberg
  577 F.2d 262· 5th Cir.· 1978-07-27 ·cited 14×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that claims arising from alleged mistreatment while incarcerated are not time-barred as continuing wrongs, but claims regarding refusal to arrest prior to incarceration are time-barred. The court also held that Georgia's tolling statute for prisoners does not apply
• Joyce Thomas, R.N. v. Norton Younglove
  545 F.2d 1171· 9th Cir.· 1976-10-06 ·cited 14×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the dismissal of the 42 U.S.C. § 1983 action was premature because the complaint stated a potentially actionable claim and the defendants' immunity defenses raised factual issues not resolvable at the pleading stage.
• Freeman v. Marine Midland Bank-N.Y.
  494 F.2d 1334· 2d Cir.· 1974-03-25 ·cited 14×
  The court held that while a complaint for violation of Regulation U must allege that the credit was secured by stock, the plaintiff's affidavits raised a triable issue of fact as to whether the loan was indirectly secured, thus precluding dismissal.
• Mantin v. Broad. Music, Inc.
  244 F.2d 204· 9th Cir.· 1957-05-03 ·cited 14×·via Rule 12(B)(6)
  The court held that the complaint's allegations were insufficient to establish diversity jurisdiction because it failed to allege the plaintiff's citizenship.
• Smith v. WM. Wrigley JR. Co.
  663 F. Supp. 2d 1336· S.D. Fla.· 2009-10-01 ·cited 13×·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that the plaintiff sufficiently alleged actual damages for a claim under Florida's Deceptive and Unfair Trade Practices Act and stated a valid claim for breach of express warranty, denying the motion to dismiss.
• Rosario v. Miami-Dade Cnty.
  490 F. Supp. 2d 1213· S.D. Fla.· 2007-05-08 ·cited 13×
  The court held that plaintiffs failed to state a claim for municipal liability under 42 U.S.C. § 1983 because they did not allege facts sufficient to show that the deprivation of constitutional rights resulted from a final policymaker's decision or an unconstitutional custom or p
• Hercules, Inc. v. Pages
  814 F. Supp. 79· M.D. Fla.· 1993-02-08 ·cited 13×
  The court held that a cause of action for unjust enrichment may lie under federal common law where it would further the provisions of an ERISA plan.
• Graue Mill Dev. Corp. v. Colonial Bank & Tr. Co. OF Chicago
  927 F.2d 988· 7th Cir.· 1991-03-20 ·cited 13×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the plaintiff failed to state a claim under the Bank Holding Company Act's anti-tying provision and RICO statutes due to insufficient allegations of fraud and anticompetitive effect.
• Falls v. Town OF Dyer
  875 F.2d 146· 7th Cir.· 1989-05-22 ·cited 13×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that a plaintiff can state a claim under 42 U.S.C. § 1983 for selective enforcement of a facially neutral ordinance if they can prove they were singled out for reasons other than legitimate governmental concerns.
• Cayman Exploration Corp. v. United GAS Pipe Line Co.
  873 F.2d 1357· 10th Cir.· 1989-04-26 ·cited 13×
  The court held that the amended complaint failed to state a claim under Section 1 of the Sherman Act and RICO because it lacked factual allegations of agreement, injury, particularity of fraud, or a pattern of racketeering activity. The court affirmed the dismissal.
• Robinson v. Block
  869 F.2d 202· 3d Cir.· 1989-02-28 ·cited 13×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the "same address" test used by the DPW to presume siblings lived together for food stamp purposes was an impermissible interpretation of the Food Stamp Act. It also held that the dismissal of third-party verification claims and denial of leave to amend were e
• First Chicago Int'l v. United Exch. Co., Ltd.
  836 F.2d 1375· D.C. Cir.· 1988-01-19 ·cited 13×
  The court held that the district court erred in granting summary judgment for Petra and PIBC before allowing adequate discovery on the merits, and affirmed the dismissal of UNEXCO defendants for lack of personal jurisdiction.
• Union City Barge Line, Inc. v. Union Carbide Corp.
  823 F.2d 129· 5th Cir.· 1987-08-03 ·cited 13×
  The court held that the plaintiff was denied its right to discovery, and the summary judgment was granted prematurely without adequate opportunity for discovery.
• Tiftarea Shopper, Inc. v. Ga. Shopper, Inc.
  786 F.2d 1115· 11th Cir.· 1986-04-15 ·cited 13×
  The court held that the complaint sufficiently stated a claim under Section 2 of the Sherman Act for attempted monopolization, but not under Section 1 for conspiracy in restraint of trade. The dismissal of state law claims was reversed due to the surviving federal claim.
• Furman v. Cirrito
  741 F.2d 524· 2d Cir.· 1984-07-27 ·cited 13×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  A plaintiff need not allege a "separate, distinct racketeering enterprise injury" beyond the injury caused by the predicate acts to state a claim under 18 U.S.C. § 1964(c).
• Helfant v. Kugler
  500 F.2d 1188· 3d Cir.· 1974-07-08 ·cited 13×
  The dissenting judge argues that federal courts should not interfere in ongoing state criminal proceedings absent bad faith, harassment, or truly extraordinary circumstances, which are not present here.
• Bell v. Sheriff of Broward Cnty.
  6 F.4th 1374· 11th Cir.· 2021-08-02 ·cited 12×·via Rule 12(B)(6) Dismissal
  A five-day suspension with pay pending an investigation into alleged misconduct does not constitute an adverse employment action for purposes of a First Amendment retaliation claim.
• Statton v. Fla. Fed. Jud. Nominating Comm'n
  959 F.3d 1061· 11th Cir.· 2020-05-21 ·cited 12×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The Eleventh Circuit held that the Florida Federal Judicial Nominating Commission is not a federal agency under FOIA, and therefore the plaintiff failed to state a claim upon which relief can be granted.
• Lazarre v. JPMorgan Chase Bank, N.A.
  780 F. Supp. 2d 1320· S.D. Fla.· 2011-04-14 ·cited 12×
  The court granted Chase's motion to dismiss for lack of subject-matter jurisdiction due to failure to exhaust FIRREA administrative remedies, and granted Early Warning's motion to dismiss for failure to state a claim under the FCRA.
• Garden-Aire Vill. S. Condo. Ass'n v. QBE Ins.
  774 F. Supp. 2d 1224· S.D. Fla.· 2011-03-31 ·cited 12×·via Motion To Dismiss Standard (Rule 12(B)(6))
  The court held that a justiciable controversy did not exist for the declaratory judgment claim regarding coverage, and the demand for appraisal was premature because the parties had not engaged in a good-faith effort to resolve the dispute.
• In re Checking Account Overdraft Litigation
  694 F. Supp. 2d 1302· S.D. Fla.· 2010-03-11 ·cited 12×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that federal law does not preempt state law claims challenging the manipulative practices of national banks in assessing overdraft fees, as these claims only incidentally affect the banks' deposit-taking powers and do not conflict with the National Bank Act.
• Medalie v. FSC Sec. Corp.
  87 F. Supp. 2d 1295· S.D. Fla.· 2000-02-01 ·cited 12×
  The court held that the securities fraud claim is barred by the statute of limitations, and the breach of fiduciary duty claim is barred by the economic loss rule.
• Watterson v. Page
  987 F.2d 1· 1st Cir.· 1993-02-09 ·cited 12×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the psychologists were immune from suit under § 1983 because the plaintiffs failed to allege a violation of a constitutional right, and immune from state law claims under a state statute protecting good faith reporting of child abuse.
• Gluck v. Unisys Corp.
  960 F.2d 1168· 3d Cir.· 1992-03-31 ·cited 12×·via Rule 12(B)(6) Dismissal
  The court held that the meaning of 'partial termination' in an ERISA plan should align with its meaning under the Internal Revenue Code and related tax regulations.
• Garita Hotel Ltd. P'ship v. Ponce Fed. Bank
  958 F.2d 15· 1st Cir.· 1992-03-05 ·cited 12×
  The court held that a motion to dismiss is not automatically converted to a summary judgment motion simply because outside materials are filed; the court must actually consider them. The court also held that the complaint sufficiently stated a claim against Ponce Federal Bank.
• Am. Waste & Pollution Control Co. v. Browning-Ferris, Inc.
  949 F.2d 1384· 5th Cir.· 1991-12-23 ·cited 12×·via Rule 12(B)(6) Dismissal
  This opinion is a dissent and does not contain a holding of the court.
• Curtis W. Caine, Jr., M.D. v. M.D. Hardy, M.D.
  943 F.2d 1406· 5th Cir.· 1991-09-26 ·cited 12×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the district court erred in denying the plaintiff's motion to amend his complaint and in dismissing his suit under Rule 12(b)(6) without accepting his allegations of bias as true.
• United States v. Tabor Court Realty Corp.
  943 F.2d 335· 3d Cir.· 1991-09-05 ·cited 12×
  The Third Circuit held that Carrier's failure to file a separate notice of appeal did not preclude the court from considering the validity of the assignment, as the issue was inextricably intertwined with Linde's appeal and the court's prior ruling.
• Powers v. Boston Cooper Corp.
  926 F.2d 109· 1st Cir.· 1991-02-27 ·cited 12×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The court held that the plaintiff's claims for breach of an oral employment contract and fraud in signing a release were properly dismissed for failure to state a claim.
• Ronzani v. Sanofi S.A.
  899 F.2d 195· 2d Cir.· 1990-03-27 ·cited 12×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that dismissing a complaint without leave to amend, when leave was offered and no justifying reason was given, constitutes an abuse of discretion.
• Swin Res. Sys., Inc. v. Lycoming Cnty.
  883 F.2d 245· 3d Cir.· 1989-08-25 ·cited 12×·via Motion To Dismiss (Fed. R. Civ. P. 12(B)(6))
  The operation of a landfill by Lycoming County is not protected by the market participant exception to the dormant Commerce Clause because it unduly burdens interstate commerce and is indistinguishable from prior cases limiting the exception.
• E. Publ'g & Advertising, Inc. v. Chesapeake Publ'g & Advertising, Inc.
  831 F.2d 488· 4th Cir.· 1987-10-16 ·cited 12×
  The court held that copyright protection requires proper notice, and the omission of notice on advertisements and specific newspaper issues was not excused under the Copyright Act's savings provision. The court also affirmed the dismissal of RICO and antitrust claims for failure
• Farries v. Stanadyne/Chicago Division
  832 F.2d 374· 7th Cir.· 1987-09-22 ·cited 12×
  The court held that the district court did not err in converting the motion to dismiss into a summary judgment motion without notice, nor in applying the doctrine of laches, as there were no unresolved material fact issues and the elements of laches were met.
• Furman v. Cirrito
  828 F.2d 898· 2d Cir.· 1987-09-01 ·cited 12×
  The court held that the appellants failed to adequately plead a "pattern of racketeering activity" required for a RICO claim, and affirmed the district court's dismissal.