Rule 12(B)(6)

791 Florida cases classified under this topic, plus 518 listed through its narrower topics · sorted by citation count · browse and sort

• Eastway Constr. Corp. v. The City OF NEW York
  762 F.2d 243· 2d Cir.· 1985-05-21 ·cited 223×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the district court erred in denying the municipal defendants' motion for attorneys' fees incurred in defending against Eastway's civil rights claim, as the claim was unreasonable and groundless.
• Chatham Asset Mgmt., LLC v. Papanier
  Del. Ch.· 2017-12-22 ·cited 159×
  The Court granted in part and denied in part the defendants' motion to dismiss the Verified Amended Complaint. The Court found that Count I, alleging a breach of fiduciary duty of disclosure, stated a claim for relief, particularly concerning the possibility of nominal damages. H
• Thompson v. Kindred Nursing Ctrs. E., LLC
  211 F. Supp. 2d 1345· M.D. Fla.· 2002-04-16 ·cited 154×
  The court held that the plaintiff's amended complaint sufficiently stated claims for negligence and violation of nursing home residents' rights, and that the defendant's motions to dismiss and strike were denied.
• Timberlane Lumber Co. v. Bank OF Am.
  549 F.2d 597· 9th Cir.· 1976-12-27 ·cited 141×·via Rule 12(B)(6) Dismissal
  The court held that the district court erred in dismissing the antitrust action based on the act of state doctrine and lack of jurisdiction, and that the plaintiffs should have been afforded an opportunity for full discovery.
• Tomas Menchaca and wife v. Chrysler Credit Corp.
  613 F.2d 507· 5th Cir.· 1980-03-07 ·cited 130×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The dissenting judge would reverse the district court's dismissal and remand for trial, arguing that the jurisdictional issue was factually intertwined with the merits and should not have been decided summarily.
• The Exch. Nat'l Bank OF Chicago v. Touche Ross & Co.
  544 F.2d 1126· 2d Cir.· 1976-06-09 ·cited 128×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the notes at issue were not securities within the meaning of the Securities Act of 1933 and the Securities Exchange Act of 1934, as they were issued in a commercial context to finance a business, rather than for investment purposes.
• Bogosian v. Gulf OIL Corp.
  561 F.2d 434· 3d Cir.· 1977-07-21 ·cited 127×
  The court held that a complaint alleging "interdependent consciously parallel action" to impose tie-in agreements, when read liberally and alleging a "combination," sufficiently states a claim under Section 1 of the Sherman Act, and that summary judgment was improperly granted wi
• Roseann Michelle Gill v. Grady Judd
  941 F.3d 504· 11th Cir.· 2019-10-21 ·cited 122×·via Rule 12(B)(6) Dismissal
  A minor arrested for aggravated stalking after another student's suicide sued under federal civil rights law, alleging that Deputy McKinney lacked probable cause to arrest her and violated her Fourth Amendment rights by entering her home without consent or a warrant. The Eleventh
• Ellis v. Carter
  291 F.2d 270· 9th Cir.· 1961-05-31 ·cited 114×
  The court held that the district court had jurisdiction under Section 10(b) and Rule 10b-5 of the Securities Exchange Act of 1934, and that the amended complaint stated a claim upon which relief could be granted, requiring reversal of the dismissal.
• Carpenters Local Union NO. 1846 OF the United Bhd. OF Carpenters & Joiners OF Am., AFL-CIO v. Pratt-Farnsworth, Inc.
  690 F.2d 489· 5th Cir.· 1982-11-04 ·cited 112×
  The court held that section 301 claims against non-signatory AGC defendants were properly dismissed for lack of a contractual relationship, but claims against Farnsworth should be remanded, and claims against Halmar based on single employer/alter ego theories require further deve
• Boazman v. Econ. Lab., Inc.
  537 F.2d 210· 5th Cir.· 1976-08-20 ·cited 103×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that dismissal for want of prosecution, even without prejudice, is reversible error when the statute of limitations may bar refiling and the conduct was not contumacious, and that summary judgment cannot be granted solely for failure to respond without the movant m
• Chabad Chayil, Inc. v. The Sch. Bd. of Miami-Dade Cnty. Fla.
  48 F.4th 1222· 11th Cir.· 2022-09-08 ·cited 97×
  The Eleventh Circuit affirmed the district court's dismissal, holding that the plaintiff failed to sufficiently allege municipal liability under Monell because the superintendent lacked final policymaking authority and that the plaintiff failed to establish an official policy or
• Coy Ray Campbell v. Beto
  460 F.2d 765· 5th Cir.· 1972-04-18 ·cited 93×·via Rule 12(B)(6) Dismissal
  The court held that the district court erred in refusing to docket the prisoner's suit, dismissing it without an opportunity for evidence, and denying an in forma pauperis appeal.
• DOE v. United States Dep't of Just.
  753 F.2d 1092· D.C. Cir.· 1985-02-01 ·cited 90×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The dissenting judge would remand the Bivens claims to allow the plaintiff to amend her complaint to allege timely publication of defamatory statements.
• Eaton v. Dorchester Dev., Inc.
  692 F.2d 727· 11th Cir.· 1982-11-29 ·cited 90×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  A district court's dismissal for lack of subject matter jurisdiction was premature when the jurisdictional facts were intertwined with the merits of the case and discovery was incomplete.
• Gaines v. Haughton
  645 F.2d 761· 9th Cir.· 1981-05-18 ·cited 85×
  The court held that a special litigation committee's good faith decision to terminate derivative claims is dispositive, and that shareholders who did not rely on allegedly misleading proxy solicitations lack standing for a direct § 14(a) claim.
• Bennett v. Berg
  710 F.2d 1361· 8th Cir.· 1983-07-11 ·cited 81×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that plaintiffs have standing to assert RICO civil remedies and have sufficiently alleged an enterprise distinct from the pattern of racketeering, but affirmed dismissal of the equitable relief claim.
• Westlake v. Lucas
  537 F.2d 857· 6th Cir.· 1976-06-29 ·cited 80×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  A prisoner states a proper cause of action when alleging denial of reasonable medical treatment requests in the face of obvious need, exposing the inmate to undue suffering or threat of residual injury.
• Cont'l Collieries, Inc. v. Shober, Jr.
  130 F.2d 631· 3d Cir.· 1942-09-14 ·cited 77×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that a motion to dismiss for failure to state a claim is inappropriate when the complaint alleges facts that, if proven, could entitle the plaintiff to relief, even if the Statute of Frauds might apply.
• Williams v. Ward
  556 F.2d 1143· 2d Cir.· 1977-05-26 ·cited 76×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that a prisoner's claim for access to and rebuttal of information in his institutional files, which may affect parole, is a civil rights action under 42 U.S.C. § 1983, not a habeas corpus petition, and thus does not require exhaustion of state remedies.
• Goldman v. G.C. Belden, Jr.
  754 F.2d 1059· 2d Cir.· 1985-02-12 ·cited 73×
  The court held that the amended complaint adequately stated a claim under § 10(b) and Rule 10b-5, and that the district court improperly dismissed the complaint and imposed sanctions.
• Am. Nurses' Ass'n v. State OF Ill.
  783 F.2d 716· 7th Cir.· 1986-02-18 ·cited 72×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  A failure to pay employees in accordance with comparable worth principles, without more, does not violate Title VII or the Equal Protection Clause; plaintiffs must allege intentional discrimination.
• Kadar Corp. v. Milbury
  549 F.2d 230· 1st Cir.· 1977-02-15 ·cited 72×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that a complaint must allege specific overt acts to support claims of conspiracy and civil rights violations, and that causes of action accrue at the time of invasion, not the last overt act.
• Chongris v. Bd. OF Appeals OF the Town OF Andover
  811 F.2d 36· 1st Cir.· 1987-02-12 ·cited 70×·via Rule 12(B)(6) Dismissal
  The court held that the plaintiffs failed to state federally cognizable causes of action under 42 U.S.C. § 1983, as their claims regarding building permit revocation and victualler's license denial did not violate due process or constitutional rights.
• Associated Builders, Inc. v. Ala. Power Co.
  505 F.2d 97· 5th Cir.· 1974-12-13 ·cited 70×·via Rule 12(b)(6), Fed. R. Civ. P.
  The court held that the prospectus was not misleading as a matter of law, and therefore the plaintiff failed to state a claim under the federal securities laws.
• Virgilio v. The Ryland Grp., Inc.
  680 F.3d 1329· 11th Cir.· 2012-05-18 ·cited 66×·via Rule 12(B)(6) Dismissal
  Luis and Norma Virgilio brought a class action against Ryland Group and related development entities for failing to disclose that their homes in the Newport subdivision of Vista Lakes were adjacent to Pinecastle, a former World War II bombing range laden with unexploded ordnance,
• Hargrave v. Shellie McKINNEY
  413 F.2d 320· 5th Cir.· 1969-06-09 ·cited 62×
  The court should affirm the district court's decision because the equal protection claim is insubstantial and settled by precedent.
• Brandenburg v. Seidel
  859 F.2d 1179· 4th Cir.· 1988-10-11 ·cited 60×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the plaintiffs failed to establish a sufficient causal connection between the alleged RICO predicate acts of the MSSIC defendants and their claimed injuries, thus affirming dismissal of the RICO claim against them.
• Sterling Usher v. City OF LOS Angeles
  828 F.2d 556· 9th Cir.· 1987-09-21 ·cited 60×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the statute of limitations for a § 1983 claim arising before Wilson v. Garcia should be the earlier of the pre-Wilson period or the post-Wilson period commencing with the decision. It also held that the plaintiff adequately pleaded claims under § 1985 and for
• Yusuf Asad Madyun v. Thompson
  657 F.2d 868· 7th Cir.· 1981-08-06 ·cited 60×
  The court held that the district court erred in dismissing several claims without proper consideration, particularly concerning pro se plaintiffs' rights in summary judgment proceedings and the application of collateral estoppel and mootness doctrines. Some dismissals were affirm
• Wisniewski v. Johns-Manville Corp.
  759 F.2d 271· 3d Cir.· 1985-04-11 ·cited 58×·via Rule 12(B)(6) Dismissal
  The court held that the defendants' conduct did not rise to the level of outrageousness required for intentional infliction of emotional distress under Pennsylvania law.
• Debora D. Gordon v. Nat'l Youth Work Alliance
  675 F.2d 356· D.C. Cir.· 1982-04-02 ·cited 57×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the 90-day filing period for Title VII claims is not a jurisdictional prerequisite but a requirement subject to waiver, estoppel, and equitable tolling, and thus should be addressed under Rule 12(b)(6), not Rule 12(b)(1).
• Harper Plastics, Inc. v. Amoco Chems. Corp.
  657 F.2d 939· 7th Cir.· 1981-08-24 ·cited 57×
  Res judicata bars a litigant from bringing a contract claim in state court after a federal court dismissed related antitrust claims on the merits, because the litigant split its cause of action by failing to join the contract claim in the federal action.
• Wells Real Est., Inc. v. Greater Lowell Bd. OF Realtors
  850 F.2d 803· 1st Cir.· 1988-06-23 ·cited 54×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court affirmed the judgment, holding that the plaintiff failed to preserve its arguments regarding jury instructions, sufficiency of evidence, and the nature of the interstate commerce element due to procedural waivers.
• Sherman v. Burke Contracting, Inc.
  891 F.2d 1527· 11th Cir.· 1990-01-16 ·cited 53×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the anti-retaliation provision of Title VII does not imply a cause of action for money damages against former employers for retaliatory blacklisting.
• Decker v. Massey-Ferguson
  681 F.2d 111· 2d Cir.· 1982-06-03 ·cited 53×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that while most of the plaintiff's claims failed to meet the particularity requirements of Rule 9(b), the claim regarding undisclosed, allegedly wrongful payments by foreign subsidiaries was sufficiently pleaded to withstand dismissal.
• George C. Frey Ready-Mixed Concrete, Inc. v. Pine Hill Concrete MIX Corp.
  554 F.2d 551· 2d Cir.· 1977-05-06 ·cited 53×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that dismissal and summary judgment were premature because discovery was incomplete and genuine issues of material fact remained.
• Correa-Martinez v. Arrillaga-Belendez
  903 F.2d 49· 1st Cir.· 1990-04-30 ·cited 51×
  A public employee's association with a politically disfavored individual, without more, does not implicate the First Amendment unless the employee's own political beliefs or advocacy are involved.
• Martin v. Malhoyt
  830 F.2d 237· D.C. Cir.· 1987-09-29 ·cited 51×
  The court denied the petition for rehearing, anticipating a forthcoming Supreme Court decision on absolute immunity for federal officers.
• Rami Ziyadat v. Diamondrock Hospitality Co.
  3 F.4th 1291· 11th Cir.· 2021-07-13 ·cited 50×
  The court held that the plaintiff plausibly alleged a circumstantial case of racial discrimination under 42 U.S.C. § 1981, sufficient to survive a motion to dismiss.
• Luce v. Edelstein
  802 F.2d 49· 2d Cir.· 1986-09-26 ·cited 49×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that while some fraud allegations were insufficiently pleaded, others, particularly those concerning specific broken promises in the Offering Memorandum, stated a claim under Section 10(b). The court also found that dismissal without leave to amend was an abuse of
• Gibson v. United States
  457 F.2d 1391· 3d Cir.· 1972-03-30 ·cited 49×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the Federal Tort Claims Act's assault and battery exception does not bar claims where the injury is a foreseeable consequence of the government's negligence in failing to protect against such acts, and that the discretionary function exception was not properly
• Franchise Realty Interstate Corp. & McDonald's Sys. of Cal., Inc. v. SAN Francisco Local Joint Executive Bd. OF Culinary Workers
  542 F.2d 1076· 9th Cir.· 1976-09-17 ·cited 47×
  The court held that the allegations did not sufficiently plead foreclosure of access, and that a reversal based on rigid pleading rules should await a case not impeding First Amendment rights.
• Carroll v. Morrison Hotel Corp.
  149 F.2d 404· 7th Cir.· 1945-05-15 ·cited 46×
  The dissenting judge believes the Morrison Hotel Corporation lacked the power to enter into the contract without District Court approval due to retained jurisdiction.
• Beam
  Del.· 2004-03-31 ·cited 45×
  The Court affirmed the dismissal of the derivative suit, holding that the plaintiff failed to plead sufficient particularized facts to demonstrate demand futility. Allegations of mere friendship or social connections between directors and the controlling shareholder were insuffic
• 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.
• 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.
• 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.