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

• River City Mkts., Inc. v. Fleming Foods W., Inc.
  960 F.2d 1458· 9th Cir.· 1992-04-03 ·cited 2×·via Rule 12(b)(6), Fed. R. Civ. P.
  Although the district court erred in dismissing the RICO claims for failure to plead an enterprise, the appellate court affirms the dismissal because the defendants were entitled to summary judgment.
• Hoover v. Langston Equip. Assocs., Inc.
  958 F.2d 742· 6th Cir.· 1992-03-12 ·cited 2×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the district court did not err in dismissing the complaint as time-barred and for failure to plead fraud with particularity, and did not abuse its discretion in denying leave to amend.
• Merrill Benton v. United States & the United States Postal Serv.
  960 F.2d 19· 5th Cir.· 1992-02-12 ·cited 2×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the Federal Employees Compensation Act's (FECA) exclusive remedy provision barred the plaintiff's claims under the Federal Tort Claims Act (FTCA) for injuries already compensated by FECA, and that the Federal Employees Liability Reform and Tort Compensation Ac
• Wang v. United States
  947 F.2d 1400· 9th Cir.· 1991-10-29 ·cited 2×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the exclusion of the Wangs from the evidentiary hearing on Horio's certification was not harmless error, requiring a new hearing for the state law claims, but affirmed the dismissal of the constitutional claims.
• Michael A. Fuentes, M.D. v. South Hills Cardiology
  946 F.2d 196· 3d Cir.· 1991-10-01 ·cited 2×
  The court held that the plaintiff adequately pled the interstate commerce element necessary to invoke federal jurisdiction under Section 1 of the Sherman Act, and sufficiently alleged a conspiracy and restraint of trade to survive a motion to dismiss.
• ST. Paul Ins. Co. OF Bellaire v. Afia Worldwide Ins. Co.
  937 F.2d 274· 5th Cir.· 1991-08-07 ·cited 2×
  The court held that the dismissal of the law firm was proper, but the dismissal of the primary insurer on summary judgment was erroneous due to an intervening change in Louisiana law recognizing subrogation rights for excess insurers.
• Cal. Int'l Chem. Co. v. Neptune Pool Serv., Inc.
  770 F. Supp. 1530· M.D. Fla.· 1991-07-02 ·cited 2×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court denied motions to dismiss, finding that plaintiffs adequately pleaded claims for RICO violations, antitrust violations, and tortious interference with business relationships, and that defendants were not entitled to sovereign immunity or state action immunity.
• In re Lane v. Lane
  937 F.2d 694· 1st Cir.· 1991-07-02 ·cited 2×·via Rule 12(B)(6) Dismissal
  The court held that the complaint stated a minimally sufficient claim for nondischargeability under Bankruptcy Code § 523(a)(2)(A), but failed to state claims for constructive trust, conversion, or nondischargeability under § 523(a)(2)(B) and § 523(a)(4).
• Hughes v. Joliet Corr. Ctr.
  931 F.2d 425· 7th Cir.· 1991-04-18 ·cited 2×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the district judge should have considered the plaintiff's request for appointed counsel, as the case presented complex legal and procedural issues that a layperson might not navigate effectively, especially after the defendants moved for summary judgment.
• Nobles v. First Carolina Commc'ns
  929 F.2d 141· 4th Cir.· 1991-04-03 ·cited 2×
  The court held that alleged misrepresentations or omissions in the 1983 Prospectus and the 1986 Transaction were not material under federal securities laws because the plaintiff lacked decision-making power regarding the transaction.
• McHENRY v. Utah Valley Hosp.
  927 F.2d 1125· 10th Cir.· 1991-03-12 ·cited 2×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the plaintiff's claims were barred by the statute of limitations and that the district court did not abuse its discretion in imposing sanctions.
• The Talman Home Fed. Sav. & Loan Ass'n OF Ill. v. Am. Bankers Ins.
  924 F.2d 1347· 5th Cir.· 1991-03-07 ·cited 2×·via Rule 12(B)(6) Dismissal
  The court held that Talman failed to establish third-party beneficiary status under Texas law because the contracts at issue did not clearly express an intent to benefit Talman, and a clause in the insurance policy prohibited third-party suits.
• Oatess v. Sobolevitch
  914 F.2d 428· 3d Cir.· 1990-09-19 ·cited 2×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  A district court may dismiss an in forma pauperis complaint for failure to state a claim prior to service of process.
• First Nat'l Bank OF Camden v. Tracor, Inc.
  851 F.2d 212· 8th Cir.· 1988-07-06 ·cited 2×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  A parent corporation's immunity from tort liability to its subsidiary's employees does not automatically extend from the subsidiary, and the parent can be liable for its own independent negligence if it undertakes affirmative action.
• DiMELLA v. Gray Lines OF Boston, Inc.
  836 F.2d 718· 1st Cir.· 1988-01-13 ·cited 2×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the trial court erred in dismissing the plaintiff's claim based on the Massachusetts recreational use statute, as the statute was an affirmative defense improperly raised on a motion to dismiss and factual issues remained.
• Berning v. Gooding
  820 F.2d 1550· 9th Cir.· 1987-07-09 ·cited 2×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the plaintiff has no available remedy under the Clayton Act for the alleged price-fixing scheme by members of the Hop Administrative Committee because the Secretary of Agriculture ultimately sets the marketing policy.
• Wolfe v. Commercial Union Ins.
  792 F.2d 87· 7th Cir.· 1986-06-04 ·cited 2×·via Rule 12(B)(6) Dismissal
  The Indiana Workmen's Compensation Act provides the exclusive remedy for an employee seeking benefits for injuries sustained during employment, and the Industrial Board has exclusive jurisdiction over such claims, including those involving allegations of fraud that would toll the
• Hank Purcell, Jr. v. Com. Tom Coughlin
  790 F.2d 263· 2d Cir.· 1986-05-13 ·cited 2×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the complaint adequately stated causes of action under 42 U.S.C. § 1983 for interference with mail and retaliation for litigation.
• Laborers Local 938 Joint Health & Welf. Tr. Fund v. B.R. Starnes Co. of Fla.
  658 F. Supp. 305· S.D. Fla.· 1986-01-22 ·cited 2×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  Contractors and their sureties, who are not signatories to a collective bargaining agreement, are not considered 'employers' under ERISA, and therefore, the court lacks subject matter jurisdiction over claims seeking contributions to employee benefit funds.
• The Genesee Brewing Co., Inc. v. Vill. OF Sodus Point
  733 F.2d 258· 2d Cir.· 1984-05-01 ·cited 2×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the village was not required to refund payments made under a state law adopted pursuant to a repealed federal provision, as no federal right to such refunds was created.
• DiPERRI v. Fed. Aviation Admin.
  671 F.2d 54· 1st Cir.· 1982-02-19 ·cited 2×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that plaintiffs' claims regarding aircraft noise did not state a cause of action under the Federal Aviation Act, but their claim regarding unsafe flight patterns over an oil tank farm did survive a motion to dismiss.
• Feick v. Fleener
  653 F.2d 69· 2d Cir.· 1981-06-22 ·cited 2×·via Rule 12(b)(6), Fed. R. Civ. P.
  The court held that the powers of attorney did not authorize the retention of counsel for the annulment proceedings, and the appellee's letter did not constitute a binding agreement or promise to pay legal fees.
• Barlow v. Marion Cnty. Hosp. Dist.
  495 F. Supp. 682· M.D. Fla.· 1980-07-29 ·cited 2×
  The court held that while plaintiffs stated constitutional claims over which it had jurisdiction, they failed to state a claim under 42 U.S.C. § 1983 based on the Hill-Burton Act because they did not allege exhaustion of administrative remedies as required by the statute.
• Hirrill v. Merriweather
  629 F.2d 490· 8th Cir.· 1980-01-16 ·cited 2×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the plaintiff's termination claim was barred by res judicata, and while the pension claim's res judicata status was unclear, it was ultimately without merit and thus properly dismissed.
• Malone v. United States
  581 F.2d 582· 6th Cir.· 1978-08-17 ·cited 2×
  The court held that the third-party complaint failed to state a cause of action under the Federal Tort Claims Act and that the government's actions fell within the discretionary function exception.
• Wooten v. Sgt. Garland Shook
  527 F.2d 976· 4th Cir.· 1975-09-16 ·cited 2×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  In one case, summary judgment for the defendant was affirmed because no genuine issue of material fact existed. In the other case, dismissal of a pro se prisoner's complaint for failure to state a claim was reversed because the allegations, though vague, were sufficient to warran
• Hal E. Roach v. Reldan Trading Corp.
  321 F.2d 42· 2d Cir.· 1963-08-06 ·cited 2×·via Rule 12(B)(6) Dismissal
• Hane Cypress McLeaish v. The Sch. Dist. of Escambia Cnty.
  2017 WL 1153895· N.D. Fla.· 2025-12-08 ·cited 1×
  The court held that the plaintiff failed to exhaust administrative remedies for some claims and failed to state a claim for others, including sex discrimination and retaliation.
• Carnahan v. Sec. & Exch. Comm'n
  2020 WL 1166721· S.D. Fla.· 2025-11-14 ·cited 1×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
  The court held that the Second Amended Complaint should be dismissed with prejudice because it constitutes an impermissible shotgun pleading and fails to establish subject matter jurisdiction for claims against the SEC, and the Bivens claims against individual defendants are unav
• Morrison v. Fam. Dollar Stores, Inc.
  2023 WL 569458· S.D. Fla.· 2025-04-01 ·cited 1×
  The court held that a stay of discovery is appropriate pending the resolution of defendants' motions to dismiss, due to the potential dispositive nature of the motions and the anticipated high costs of discovery.
• Zagg Inc. v. TX Trading, Inc.
  2024 WL 3874584· S.D. Fla.· 2024-12-19 ·cited 1×
  The court denied the motion to strike or dismiss Screenya's counterclaims, finding them timely filed and sufficiently pleaded.
• Green v. Carnival Corp.
  2023 WL 5831727· S.D. Fla.· 2024-11-05 ·cited 1×
  The court recommended granting in part and denying in part Carnival's motion to dismiss, finding the plaintiff adequately alleged constructive notice of a defective flooring hazard.
• Jimenez v. Cruz & Cruz, Inc.
  2019 WL 2869060· S.D. Fla.· 2024-10-08 ·cited 1×
  The court recommended granting the defendants' motion to dismiss both by default due to the plaintiff's failure to respond and on the merits for failure to state a plausible claim for relief under the FLSA.
• Guzman v. Robinhood Mkts., Inc.
  105 F.4th 1346· 11th Cir.· 2024-06-26 ·cited 1×
  The court held that plaintiffs failed to plausibly allege an unreasonable restraint of trade under Section 1 of the Sherman Act, which is dispositive of their claim.
• Geoffrey "reff" Sykes v. C.A. No. 2022-0861-Sg Touchstream Techs., Inc.
  2019 WL 193921· Del. Ch.· 2024-03-27 ·cited 1×
  The Court of Chancery granted in part and denied in part the defendants' motion to dismiss. The court dismissed claims for fraud, breach of the licensing agreement, and breach of fiduciary duty. Claims for declaratory judgment, specific performance of the JV Termination Agreement
• Holliday v. Inch
  2012 WL 1790319· N.D. Fla.· 2021-10-12 ·cited 1×·via Federal Rule Of Civil Procedure 12(B)(6) Dismissal Standard
  The court held that the plaintiff's third amended complaint must be dismissed because it is subject to dismissal as malicious and abusive of the judicial process, and alternatively, for failure to state a claim on which relief may be granted.
• Hart v. Zimmerman Holdings Grp., Inc.
  268 F. Supp. 705· S.D. Fla.· 2016-01-29 ·cited 1×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that the plaintiff failed to show good cause for the untimely service of process and that the court would not exercise its discretion to extend the time for service.
• Torres v. Sussex Cnty. Council
  2013 WL 6407711· Del. Super. Ct.· 2014-09-29 ·cited 1×
  The Delaware Superior Court granted the defendant's motion to dismiss all six of the plaintiff's claims. The court found that the county ordinance did not create a private cause of action for wrongful termination, that the allegations of political discrimination were insufficient
• Wordley v. San Miguel
  490 F. Supp. 2d 749· S.D. Fla.· 2013-01-03 ·cited 1×
  The district court granted the defendant's motion to dismiss, finding that the plaintiff failed to establish that the officer's conduct violated clearly established law, thus entitling the officer to qualified immunity.
• In re Fontainebleau Las Vegas Contract Litigation
  716 F. Supp. 2d 1237· S.D. Fla.· 2010-05-28 ·cited 1×
  The court held that the plaintiffs, as term lenders, lacked standing to assert claims for breach of the Credit Agreement based on the revolving lenders' alleged failure to fund, as they were not intended beneficiaries of the revolving loan provisions under New York law.
• Odyssey Marine Exploration, Inc. v. Unidentified
  675 F. Supp. 2d 1126· M.D. Fla.· 2009-12-22 ·cited 1×
  The court held that the Foreign Sovereign Immunities Act (FSIA) bars jurisdiction over the shipwreck and its contents, as they are the property of Spain and not subject to U.S. court adjudication.
• Guzman v. Irmadan, Inc.
  211 F.R.D. 71· S.D. Fla.· 2008-04-10 ·cited 1×·via Federal Rule Of Civil Procedure 12(B)(6) (Failure To State A Claim)
• Haddad v. Rav Bahamas, Ltd.
  431 F. Supp. 2d 1278· S.D. Fla.· 2006-05-10 ·cited 1×
  A joint venture interest is not a security under federal law if the investor retains significant control or the transaction is a private, one-on-one agreement not intended for public trading.
• Wydler v. Bank of Am., N.A.
  360 F. Supp. 2d 1302· S.D. Fla.· 2005-03-15 ·cited 1×
  Plaintiffs challenged Bank of America's $500 escrow waiver fee as a violation of the Real Estate Settlement Procedures Act (RESPA), 12 U.S.C. § 2607(b), arguing the fee was charged for services not performed, was duplicative of other monitoring services, or was illusory because t
• Wilson v. Ake
  354 F. Supp. 2d 1298· M.D. Fla.· 2005-01-19 ·cited 1×
  The court held that the Defense of Marriage Act (DOMA) and Florida Statutes § 741.212 are constitutional, and that there is no fundamental right to same-sex marriage under the Constitution.
• Sounds of Serv. Radio v. Islamorada
  344 F. Supp. 2d 1376· S.D. Fla.· 2004-11-05 ·cited 1×·via Rule 12(b)(6), Fed. R. Civ. P.
  Sounds of Service Radio sought a preliminary injunction to stop state court proceedings between itself and G & G Trading, Inc., but the federal district court denied the motion and dismissed the case with prejudice because the federal court lacked authority under the Anti-Injunct
• Altadis USA, Inc. v. NPR, Inc.
  308 F. Supp. 2d 1304· M.D. Fla.· 2004-02-05 ·cited 1×
  The court granted Key Bank's motion to dismiss, finding that Florida law did not apply and that the plaintiffs' claims under Ohio law were insufficiently pleaded.
• Andersen v. Smithfield Foods, Inc.
  207 F. Supp. 2d 1358· M.D. Fla.· 2002-06-24 ·cited 1×
  Plaintiffs brought a civil RICO action against Smithfield Foods and its CEO, alleging that defendants engaged in mail fraud, wire fraud, extortion, and Travel Act violations as predicate acts constituting a pattern of racketeering activity. The court granted defendants' motion to
• Andersen v. Smithfield Foods, Inc.
  209 F. Supp. 2d 1278· M.D. Fla.· 2002-06-24 ·cited 1×·via Rule 12(B)(6) Motion To Dismiss For Failure To State A Claim
  The court held that sanctions under Rule 11 of the Federal Rules of Civil Procedure were warranted against plaintiffs' counsel for filing a frivolous second amended complaint without reasonable inquiry.
• In re Terazosin Hydrochloride Antitrust Litigation
  160 F. Supp. 2d 1365· S.D. Fla.· 2001-07-25 ·cited 1×
  The court held that indirect purchasers cannot pursue federal antitrust claims due to the Illinois Brick doctrine, but may pursue state antitrust claims if they have standing and the relevant state law permits such suits.