Also known as: failing to state a cause of action · failed to state a cause of action · failure to state a claim · 12(b)(6) motion
Written by attorneys · grounded in primary & secondary sources — see below
A deficiency in a complaint consisting of the plaintiff's failure to allege facts sufficient to support a legally cognizable claim. This deficiency warrants dismissal of the complaint under the governing pleading standards.
Frontier Capital sued two trucking firms alleging they fixed fuel surcharges. The complaint described identical pricing charts appearing at the same time but alleged no meetings or communications. The defendants moved to dismiss. The court granted the motion because the pleaded facts were consistent with lawful parallel conduct and supplied no basis for inferring an agreement.
Fernando Farrell was detained by federal officers during a protest and sued the Department of Transportation directly for Fourth Amendment violations. The complaint asserted an implied constitutional cause of action for damages but named no individual officers and cited no statutory waiver of immunity. The Department moved to dismiss. The court granted the motion because the pleadings failed to state a claim for which relief could be granted.
Select any source to read its text and confirm it supports the definition.
Flora Ford sued her former partner alleging an oral agreement to share property accumulated during their relationship. The complaint incorporated the agreement but alleged no written memorialization or other basis for enforcement under state law. The defendant demurred. The court sustained the demurrer because the pleaded facts did not state a cause of action.
Fabian Flynn sued federal officials alleging they conspired to detain him without cause. The complaint recited the elements of a constitutional claim but supplied no factual detail about any agreement or specific conduct. The defendants moved to dismiss. The court granted the motion because the bare assertions did not state a plausible claim.
Frederick Ferguson sued his former employer alleging misclassification as an independent contractor. The complaint stated only that he worked full time under company control on exclusive routes. The employer moved to dismiss. The court granted the motion because the single conclusory allegation failed to state a plausible claim.
Foxfire Biotech sued a foreign bank alleging securities fraud arising from transactions executed entirely abroad. The complaint asserted federal claims but alleged no domestic conduct or effects. The bank moved to dismiss. The court granted the motion because the pleaded facts did not state a claim within the territorial reach of the statute.
A defendant may raise failure to state a claim in a pre-answer motion under Rule 12(b)(6) or later in a pleading, by motion for judgment on the pleadings, or at trial.
Supporting sources
Failure to state a claim challenges the legal sufficiency of the pleaded facts. Failure to join a required party under Rule 19 challenges the absence of a necessary participant and is a distinct defense.
Supporting sources
A complaint must contain enough factual matter, accepted as true, to state a claim that is plausible on its face. Threadbare recitals of elements or conclusory statements are insufficient.
Supporting sources
No. References to federal law that merely anticipate defenses or provide background do not convert state-law claims into federal claims for purposes of stating a claim.
Supporting sources
…statute for several reasons violates the Federal Constitution. The District Court granted the defendants' motion to dismiss for failure to state a claim, relying on Doe v. Commonwealth's Attorney for the City of Richmond , 403 F. Supp. 1199 (ED Va. 1975), which this Court summarily affirmed, 425 U. S. 901 (1976). A divided panel of the…