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

• Anderson v. Coughlin
  700 F.2d 37· 2d Cir.· 1983-01-26 ·cited 26×·via Rule 12(b)(6), Fed. R. Civ. P.
  The court held that the complaint was insufficient to survive a 12(b)(6) motion because it lacked specific factual allegations and failed to provide notice of the claim. However, the failure to provide notice that the motion would be treated as a summary judgment was harmless.
• Martin-Trigona v. Stewart
  691 F.2d 856· 8th Cir.· 1982-11-01 ·cited 26×
  The court held that the district court properly dismissed the pro se complaints without prejudice under Rule 12(b)(6).
• Hydro-Tech Corp. v. Sundstrand Corp.
  673 F.2d 1171· 10th Cir.· 1982-04-02 ·cited 26×·via Rule 12(B)(6) Dismissal
  The prosecution of a lawsuit, even if without probable cause and for an anticompetitive purpose, is protected by the First Amendment and immune from antitrust attack.
• Sacks v. Reynolds Sec., Inc.
  593 F.2d 1234· D.C. Cir.· 1978-12-19 ·cited 26×·via Rule 12(B)(6) Dismissal
  The court held that a custodial transfer of stock accounts between brokers, without a change in ownership or control, does not constitute a "sale" under Rule 10b-5, and that NYSE Rule 412 does not create an implied private federal right of action.
• O'Donnell v. Wien AIR Alaska, Inc.
  551 F.2d 1141· 9th Cir.· 1977-04-06 ·cited 26×
  The court held that the district court erred in dismissing the action and granting summary judgment, as the fire-hire policy was intertwined with the major dispute regarding crew complement, necessitating a status quo injunction.
• Kehr Packages, Inc. v. Fidelcor, Inc.
  926 F.2d 1406· 3d Cir.· 1991-03-06 ·cited 25×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the amended complaint sufficiently alleged a pattern of racketeering activity under 18 U.S.C. § 1962(c) and (d) by alleging a 19-month scheme of mail fraud.
• DeMALLORY v. Cullen
  855 F.2d 442· 7th Cir.· 1988-08-23 ·cited 25×·via Rule 12(B)(6) Dismissal
  The court held that a prisoner's Eighth Amendment claim regarding unsanitary conditions and dangerous inmate interactions requires more than a showing of negligence, but the district court improperly granted summary judgment without addressing the core allegations. The court also
• Thigpen v. United States
  800 F.2d 393· 4th Cir.· 1986-09-10 ·cited 25×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that claims arising out of assault or battery by a government employee are barred by the FTCA's intentional tort exception, 28 U.S.C. § 2680(h), even if pleaded as negligence, and that the plaintiffs' resistance negated any claim of consent.
• Daigle v. Opelousas Health Care, Inc.
  774 F.2d 1344· 5th Cir.· 1985-10-30 ·cited 25×
  A nursing home's receipt of state funding and regulation, without more, does not constitute state action for purposes of a 42 U.S.C. § 1983 claim.
• McGRUDER v. Necaise
  733 F.2d 1146· 5th Cir.· 1984-06-08 ·cited 25×·via Rule 12(B)(6) Dismissal
  Prosecutors are absolutely immune from damages liability for actions taken within the scope of their prosecutorial duties, and the State is immune from suit under the Eleventh Amendment.
• Novosel v. Nationwide Ins. Co.
  721 F.2d 894· 3d Cir.· 1983-10-26 ·cited 25×
  A federal court sitting in diversity under Pennsylvania law may recognize a cause of action for wrongful discharge when an employer terminates an employee for refusing to participate in political lobbying, as this implicates a clear mandate of public policy derived from constitut
• Dwen v. Barry
  483 F.2d 1126· 2d Cir.· 1973-08-22 ·cited 25×·via Rule 12(B)(6) Dismissal
  Summary dismissal of a civil rights action challenging police hair grooming regulations was improper because the department failed to demonstrate a legitimate state interest justifying the restriction on personal liberty.
• Brooks v. Am. Broad. Cos., Inc.
  932 F.2d 495· 6th Cir.· 1991-05-03 ·cited 24×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the plaintiff's motion to amend his complaint to add federal claims under 18 U.S.C. § 2511 and 42 U.S.C. §§ 1981, 1985 was properly denied due to insufficient allegations, but vacated the grant of summary judgment on the state-law libel claim, finding genuine
• Phelps v. The Wichita Eagle-Beacon
  886 F.2d 1262· 10th Cir.· 1989-09-29 ·cited 24×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that plaintiff's Section 1981 and RICO claims were properly dismissed, but his Section 1985(3) claim and potentially his Section 1983 Equal Protection claim were not, and the state action issue for the Section 1983 claim requires further factual development.
• Stern v. Leucadia Nat'l Corp.
  844 F.2d 997· 2d Cir.· 1988-04-20 ·cited 24×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the amended complaint failed to comply with Rule 9(b)'s heightened pleading standards for fraud, but that sanctions under Rule 11 were improperly awarded because the plaintiff had leave to replead and the amended complaint, while insufficient, was not patently
• Sundance Land Corp. v. Cmty. First Fed. Sav. & Loan Ass'n
  840 F.2d 653· 9th Cir.· 1988-02-23 ·cited 24×·via Rule 12(B)(6) Dismissal
  Sundance has standing to seek injunctive relief under HOLA because its injury is a foreseeable consequence of the alleged illegal loan, but it lacks standing to seek damages due to the indirect nature of its injury.
• Orthmann v. Apple River Campground, Inc.
  757 F.2d 909· 7th Cir.· 1985-03-19 ·cited 24×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  A village's motion for summary judgment was affirmed due to the plaintiff's failure to comply with statutory notice requirements, but the dismissal of claims against the Floater's Association members was reversed, as their control over the river and adjacent property could establ
• Balwant Singh Chahal v. Paine Webber Inc.
  725 F.2d 20· 2d Cir.· 1984-01-04 ·cited 24×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the complaint sufficiently pleaded the elements of a witness intimidation claim under 42 U.S.C. § 1985(2) and that material factual issues precluded summary judgment.
• Green v. Amerada Hess Corp. & L.A. Stricklin
  707 F.2d 201· 5th Cir.· 1983-06-16 ·cited 24×·via Rule 12(B)(6) Dismissal
  The court held that the district court erred in denying the motion to remand because the co-defendant was not fraudulently joined, and therefore, diversity jurisdiction was absent.
• Donrich Young v. Grand Canyon Univ., Inc.
  57 F.4th 861· 11th Cir.· 2023-01-06 ·cited 23×·via Rule 12(B)(6) Dismissal
  The court held that the plaintiff plausibly alleged breach of contract and breach of the covenant of good faith and fair dealing regarding the university's failure to provide promised faculty support for dissertation completion, but not regarding the claim that the program was im
• Prince v. Rescorp Realty
  940 F.2d 1104· 7th Cir.· 1991-08-23 ·cited 23×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that an employee discharged for reporting a fire hazard contravened a clearly mandated public policy under Illinois law, sufficient to support a retaliatory discharge claim.
• Dist. Council 47 v. Bradley
  795 F.2d 310· 3d Cir.· 1986-07-09 ·cited 23×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The dissenting judge argues that the majority erred in excusing deficient pleadings and the failure to seek leave to amend, asserting that civil rights claims require specific factual allegations tying defendants to the alleged deprivations.
• Developmental Disabilities Advocacy Ctr., Inc. v. Melton
  689 F.2d 281· 1st Cir.· 1982-09-22 ·cited 23×
  The court held that Freda Smith lacked standing to sue as next friend for LSS residents, but the Developmental Disabilities Advocacy Center (DDAC) did have standing to assert its First Amendment organizational rights regarding communication with residents. The case is remanded fo
• Ayatollah Syed M. J. Iqbal Jafree v. Barber
  689 F.2d 640· 7th Cir.· 1982-07-12 ·cited 23×·via Rule 12(b)(6), Fed. R. Civ. P.
  The court held that the district court properly dismissed the plaintiff's claims for failure to state a claim and denied leave to amend, as the mandamus claim was legally impossible and the civil rights claims lacked factual allegations of racial discrimination.
• Stires v. Carnival Corp.
  243 F. Supp. 2d 1313· M.D. Fla.· 2002-11-21 ·cited 22×
  The court held that while some claims were dismissed without prejudice, allowing amendment, others were dismissed with prejudice, and punitive damages and attorney's fees were not recoverable under maritime law as pleaded.
• 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.
• 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.
• 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×
  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
• 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.
• 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×
  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.
• 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.
• 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.
• 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.
• 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.
• 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.
• 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
• 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.
• 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.
• 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.
• Hernandez v. Denton
  861 F.2d 1421· 9th Cir.· 1988-11-23 ·cited 18×·via Federal Rule Of Civil Procedure 12(B)(6) Dismissal Standard
  A district court may dismiss a pro se in forma pauperis complaint as frivolous only if it lacks any "arguable substance in law or fact," and cannot dismiss based on credibility determinations of the allegations.
• Wilburn S. Bruce v. First Fed. Sav. & Loan Ass'n OF Conroe, Inc.
  837 F.2d 712· 5th Cir.· 1988-02-17 ·cited 18×
  The court held that the word 'and' in the antitying provision of 12 U.S.C.A. § 1464(q)(1) should be interpreted disjunctively, and that the district court erred in dismissing the complaint for failure to state a claim under subsection (1)(B).