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

• Bolding v. Austin
  575 F.2d 461· 4th Cir.· 1978-04-26 ·cited 12×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the complaint, which sought to have the federal district court assume supervision of the entire state prison system, failed to state a claim upon which relief could be granted and should have been dismissed.
• Marshall v. Daniel Constr. Co., Inc.
  563 F.2d 707· 5th Cir.· 1977-11-21 ·cited 12×·via Federal Rule Of Civil Procedure 12(B)(6) Dismissal Standard
  The dissenting judge argues that the Secretary of Labor's regulation, allowing employees to refuse work in imminent danger without penalty, is reasonably related to the Occupational Safety and Health Act's purposes and should not be invalidated based on legislative history.
• Parr v. Great Lakes Express Co.
  484 F.2d 767· 7th Cir.· 1973-07-16 ·cited 12×·via Rule 12(B)(6) Dismissal
  The court held that the third-party complaint, liberally construed, stated a claim upon which relief could be granted, and thus the dismissal was improper.
• Robin Prods. Co. v. Tomecek
  465 F.2d 1193· 6th Cir.· 1972-08-23 ·cited 12×
  The court held that the district court erred in dismissing the declaratory judgment action for lack of jurisdiction without an evidentiary hearing, as a genuine dispute existed regarding whether a charge of infringement could be inferred.
• In re The Glacier BAY. KEE Leasing Co. v. Merrill McGAHAN
  944 F.2d 577· 9th Cir.· 1991-09-13 ·cited 11×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The Trans-Alaska Pipeline Authorization Act (TAPAA) implicitly repealed the Limitation of Vessel Owner's Liability Act for vessels transporting trans-Alaska pipeline oil because the two statutes are in irreconcilable conflict.
• Boyer v. Snap-On Tools Corp.
  913 F.2d 108· 3d Cir.· 1990-09-05 ·cited 11×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the district court erred in denying the motion to remand because it improperly considered the merits of the release defense, which was common to both diverse and non-diverse defendants, in determining fraudulent joinder.
• Thomas v. Carpenter
  881 F.2d 828· 9th Cir.· 1989-08-09 ·cited 11×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  A public employee states a cause of action under 42 U.S.C. § 1983 for retaliation when their employer takes adverse actions against them for engaging in constitutionally protected speech, even if the employee was not terminated or demoted.
• Glenn v. First Nat'l Bank IN Grand Junction
  868 F.2d 368· 10th Cir.· 1989-02-15 ·cited 11×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  A party's request for leave to amend, made in response to a motion to dismiss, is insufficient to constitute a motion for leave to amend, and the court is not obligated to consider it.
• LFC Lessors, Inc. v. Pac. Sewer Maint. Corp.
  739 F.2d 4· 1st Cir.· 1984-07-11 ·cited 11×
  A forum selection clause stating actions must be brought in the 'courts of the Commonwealth of Massachusetts' is interpreted to mean only the state courts, and thus requires dismissal of a federal diversity action.
• Tucker v. Carlson
  925 F.2d 330· 9th Cir.· 1991-02-05 ·cited 10×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that a federal prisoner's civil rights complaint challenging the fact or duration of confinement must be construed as a habeas corpus petition, and claims for damages as a Bivens action.
• Monks v. Marlinga
  923 F.2d 423· 6th Cir.· 1991-01-08 ·cited 10×·via Rule 12(B)(6) Dismissal
  The court affirmed the dismissal because the plaintiffs failed to submit an affidavit under Rule 56(f) justifying their inability to present essential facts in opposition to the summary judgment motion.
• Hamilton J. Whiting v. Maiolini
  921 F.2d 5· 1st Cir.· 1990-12-07 ·cited 10×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that converting a motion for judgment on the pleadings to a motion for summary judgment without adequate notice and opportunity for discovery is improper.
• Barrientos v. Reliance Standard Life Ins. Co. & David R. Barrientos
  911 F.2d 1115· 5th Cir.· 1990-09-17 ·cited 10×·via Rule 12(B)(6) Dismissal
  The court held that the parenthetical phrase in the deemer clause of ERISA does not remove death benefit plans from ERISA preemption, but only from the deemer clause's prohibition against state regulation.
• Finlator v. Powers
  902 F.2d 1158· 4th Cir.· 1990-05-10 ·cited 10×·via Rule 12(B)(6) Dismissal
  The court held that non-exempt parties have standing to challenge a state tax exemption for Holy Bibles, and that the exemption violates the Establishment Clause and the Free Press Clause of the Constitution.
• Debro Siddig Abdul-Akbar v. Watson
  901 F.2d 329· 3d Cir.· 1990-04-20 ·cited 10×
  The court held that the district court erred in dismissing the inmate's claims as frivolous and in issuing an injunction barring future filings without proper consideration of the inmate's access to the courts. The injunction was vacated and the case remanded.
• Rocks v. City OF Philadelphia
  868 F.2d 644· 3d Cir.· 1989-03-01 ·cited 10×·via Rule 12(B)(6) Dismissal
  Taxpayers who are not directly injured and have no special relationship with the injured parties lack standing to assert equal protection claims based on municipal contracting requirements.
• Frazier v. Coughlin
  850 F.2d 129· 2d Cir.· 1988-06-29 ·cited 10×·via Rule 12(b)(6), Fed. R. Civ. P.
  The court held that the district court erred by failing to consider all of the plaintiff's claims when dismissing the complaint, and that claims based on rules not properly filed may be valid if the plaintiff lacked notice.
• Rutan v. Republican Party OF Illinois
  848 F.2d 1396· 7th Cir.· 1988-06-08 ·cited 10×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court affirmed dismissal of voter claims and remanded other claims, but the concurring opinion argues for a different analytical approach regarding First Amendment rights in patronage systems.
• Albrecht v. Lund
  845 F.2d 193· 9th Cir.· 1988-04-26 ·cited 10×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the pleadings did not raise a substantial question of diversity of citizenship, and amendment of the complaint would be futile, thus affirming the dismissal.
• In re Asbestos Litigation
  679 F. Supp. 1096· S.D. Fla.· 1987-07-13 ·cited 10×·via Federal Rule Of Civil Procedure 12(B)(6) Dismissal Standard
  The court held that plaintiffs' complaints sufficiently stated claims for negligence, strict liability, breach of implied warranty, conspiracy, and punitive damages, and that personal jurisdiction was properly asserted under Florida's long-arm statute.
• Eades v. Thompson
  823 F.2d 1055· 7th Cir.· 1987-06-24 ·cited 10×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the plaintiff stated a claim under the Eighth Amendment for deliberate indifference to serious medical needs, but not under the Fourteenth Amendment for due process or equal protection. The court also found that denying the plaintiff's third request to amend h
• Collins v. Cnty. OF Kendall
  807 F.2d 95· 7th Cir.· 1986-12-03 ·cited 10×·via Rule 12(B)(6) Dismissal
  The court held that the plaintiffs failed to allege sufficient facts to support an inference of bad faith prosecution, thus the district court properly abstained under the Younger doctrine.
• Allen v. Lanson Newsome
  795 F.2d 934· 11th Cir.· 1986-08-04 ·cited 10×
  The court held that the district court did not abuse its discretion in dismissing the habeas corpus petition as successive and an abuse of the writ without an evidentiary hearing.
• Misco, Inc. v. United States Steel Corp. & Alside
  784 F.2d 198· 6th Cir.· 1986-02-19 ·cited 10×
  The court held that the district court correctly dismissed federal antitrust claims and the claim for wrongful inducement to breach a contract, but erred in its disposition of the breach of contract claim, which is reversed and remanded.
• Smith v. Winter
  782 F.2d 508· 5th Cir.· 1986-02-12 ·cited 10×·via Rule 12(B)(6) Dismissal
  The court held that the claims for injunctive and declaratory relief were moot, but the claim for damages under 42 U.S.C. § 1983 against local appellees for violating First Amendment rights was properly stated.
• Brown v. J.I. Case Co.
  756 F.2d 48· 7th Cir.· 1985-01-17 ·cited 10×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The filing of a request for appointed counsel, along with a Notice of Right-to-Sue, tolls the ninety-day statutory filing period until the court rules on the request, provided the request is made in good faith and without inequitable conduct.
• Grunnet v. United States
  730 F.2d 573· 9th Cir.· 1984-04-10 ·cited 10×·via Rule 12(B)(6) Dismissal
  The court held that the district court did not err in dismissing the action for lack of jurisdiction and failure to state a claim.
• Cnty. OF Suffolk v. Long Island Lighting Co.
  728 F.2d 52· 2d Cir.· 1984-01-25 ·cited 10×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the district court properly dismissed the complaint because the ratepayers' claims were preempted by federal law regarding nuclear safety and operation, and by state law regarding utility ratemaking.
• JM Mech. Corp. v. The United States
  716 F.2d 190· 3d Cir.· 1983-09-02 ·cited 10×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that JM's claims for HUD's negligence in failing to investigate, verify, and secure valid performance bonds were not barred by the FTCA's misrepresentation exception, and thus the district court erred in dismissing the case for lack of subject matter jurisdiction.
• Abram Bryant v. Cal. Brewers Ass'n
  585 F.2d 421· 9th Cir.· 1978-11-03 ·cited 10×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
• Joyce v. Joyce Beverages, Inc.
  571 F.2d 703· 2d Cir.· 1978-01-30 ·cited 10×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the omissions and representations in the information statement were not sufficiently material to support a 10b-5 claim.
• Patterson v. Ellis C. MacDOUGALL
  506 F.2d 1· 5th Cir.· 1975-01-08 ·cited 10×·via Rule 12(b)(6), Fed. R. Civ. P.
  The court held that the district court erred in dismissing the pro se complaint sua sponte, as it stated a claim for relief under 42 U.S.C. § 1983 and that dismissal for failure to join an indispensable party under Rule 19(b) was improper.
• Sarter v. Mays
  491 F.2d 675· 5th Cir.· 1974-03-25 ·cited 10×·via Rule 12(b)(6), Fed. R. Civ. P.
  The court held that the district court improperly dismissed the complaint for failure to state a claim under the Consumer Credit Protection Act without sufficient factual development.
• Bright v. The Goodyear Tire & Rubber Co.
  463 F.2d 240· 9th Cir.· 1972-06-05 ·cited 10×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that a claim for wanton, reckless, and malicious misconduct in failing to withdraw defective tires from the market fails to state a claim upon which relief can be granted under California law if no physical injury to person or property is alleged.
• Invs. Syndicate OF Am., Inc. v. The City OF Indian Rocks Beach
  434 F.2d 871· 5th Cir.· 1970-11-12 ·cited 10×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  A city's motion to dismiss a bondholder's complaint for failure to state a claim was improperly granted, as the complaint sufficiently alleged breach of contract, breach of trust, and equitable estoppel.
• Ruderer v. Meyer
  413 F.2d 175· 8th Cir.· 1969-07-07 ·cited 10×·via Rule 12(B)(6) Dismissal
  Statements made by federal officials within the outer perimeter of their official duties are absolutely privileged from defamation suits, even if malice is alleged.
• Florasynth Labs., Inc. v. Goldberg
  191 F.2d 877· 7th Cir.· 1951-10-30 ·cited 10×
  The court held that a prior judgment dismissing a complaint on the merits, even without an appeal, is binding on the parties in a subsequent action between them concerning the same underlying factual issues, even if the second action alleges a new cause of action based on subsequ
• Colon v. Twitter, Inc.
  14 F.4th 1213· 11th Cir.· 2021-09-27 ·cited 9×
  The court held that the Pulse nightclub shooting did not qualify as an 'act of international terrorism' under the Anti-Terrorism Act because it did not transcend national boundaries, and thus the social media companies could not be liable for aiding and abetting. The court also f
• In re Banco Santander Securities-Optimal Litigation
  732 F. Supp. 2d 1305· S.D. Fla.· 2010-07-30 ·cited 9×
  The court granted six defendants' motions to dismiss for lack of personal jurisdiction and dismissed the case under the doctrine of forum non conveniens, finding Ireland to be a more convenient forum.
• Durso v. Summer Brook Preserve Homeowners Ass'n
  641 F. Supp. 2d 1256· M.D. Fla.· 2008-06-23 ·cited 9×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court granted motions to strike a pleading that did not comply with court orders and dismissed claims for violation of the FDCPA, RICO, and a criminal statute lacking civil liability.
• Ellen S. v. Fla. Bd. of Bar Exam'rs
  859 F. Supp. 1489· S.D. Fla.· 1994-08-01 ·cited 9×
  The court held that the Florida Board of Bar Examiners' inquiries into applicants' mental health treatment histories may violate Title II of the Americans with Disabilities Act, and that the court has jurisdiction to hear the challenge to these general rules.
• Green v. USF & G Corp.
  772 F. Supp. 1258· S.D. Fla.· 1991-07-23 ·cited 9×
  The court held that the defendants' telephone calls to Florida did not establish sufficient minimum contacts to satisfy due process, and therefore personal jurisdiction could not be exercised.
• Gonzalez v. Old Lisbon Rest. & BAR LLC
  820 F. Supp. 2d 1365· S.D. Fla.· 2011-10-25 ·cited 8×
  A plaintiff must plead specific facts to establish a joint enterprise theory under the FLSA, not just legal conclusions or recitations of the test's elements.
• Auto-Owners Ins. v. Ace Elec. Serv., Inc.
  648 F. Supp. 2d 1371· M.D. Fla.· 2009-08-25 ·cited 8×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the City's third-party complaints against Dickens and Byrne were procedurally proper, and that the City stated claims for common law indemnity, contractual indemnity, and malpractice against Dickens.
• Tracfone Wireless, Inc. v. Access Telecom, Inc.
  642 F. Supp. 2d 1354· S.D. Fla.· 2009-07-24 ·cited 8×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court denied all motions to dismiss and strike, finding that the plaintiff adequately pleaded its claims and that subject matter jurisdiction was proper.
• Domotor v. Wennet
  630 F. Supp. 2d 1368· S.D. Fla.· 2009-06-30 ·cited 8×
  The court held that the plaintiff's § 1983 claims for false arrest and imprisonment are subject to the favorable-termination requirement of Heck v. Humphrey, and that the viability of these claims depends on whether the plaintiff's conviction or sentence has been invalidated.
• Thompson v. Florida Bar
  526 F. Supp. 2d 1264· S.D. Fla.· 2007-11-21 ·cited 8×
  The court held that Younger/Middlesex abstention applies to the plaintiff's claims, requiring dismissal of the federal action.
• Sanders v. Mayor's Jewelers, Inc.
  942 F. Supp. 571· S.D. Fla.· 1996-08-02 ·cited 8×
  The court held that the Florida Civil Rights Act (FCRA) does not permit individual liability for the claims asserted, and that punitive damage claims under state law must comply with Fla.Stat. § 768.72, which the plaintiff failed to do.
• Bryan Ashley Int'l, Inc. v. Shelby Williams Indus., Inc.
  932 F. Supp. 290· S.D. Fla.· 1996-07-25 ·cited 8×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court denied both parties' motions for judgment on the pleadings, finding that genuine issues of material fact remained regarding the existence of an actual controversy.
• Moore v. Mabus
  976 F.2d 268· 5th Cir.· 1992-11-02 ·cited 8×
  The court held that the dismissal of the civil rights complaint under § 1915(d) was improper due to the complexity of the issues and the need for further factual and legal development, but affirmed the dismissal of the privacy and loss of privileges claims.