Also known as: fails to state a claim upon which relief may be granted · failure to state a claim · 12(b)(6) · Rule 12(b)(6) · motion to dismiss for failure to state a claim
Written by attorneys · grounded in primary & secondary sources — see below
A ground for dismissal of a complaint when the allegations, even if taken as true, do not entitle the plaintiff to any legal remedy.
Carla missed a balloon payment on her home-equity loan. Metro Lender filed a judicial foreclosure action without first sending the payoff statement or final demand letter required by the mortgage. Carla moved to dismiss. The court granted the motion because the lender had not satisfied the contractual preconditions to foreclosure.
Sue Ann Watts filed a complaint seeking division of property accumulated during twelve years of nonmarital cohabitation with James Watts. The trial court dismissed the amended complaint. The Wisconsin Supreme Court reversed, holding that the complaint stated a claim upon which relief could be granted.
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After partial settlement of a commercial dispute, plaintiffs filed a second amended complaint alleging breach of the implied covenant of good faith and fair dealing. The Law Division granted the motion to dismiss. The appellate court reversed, concluding that the complaint stated a claim upon which relief could be granted.
A patient sued a manufacturer alleging state-law claims arising from a defective pacemaker lead. The manufacturer moved to dismiss on the ground that federal law preempted the claims. The Supreme Court held that the complaint stated a claim upon which relief could be granted because the state claims were not preempted.
Investors sued vendors that had entered into sham transactions with a cable company to inflate its reported revenue. The vendors moved to dismiss. The Supreme Court held that the complaint failed to state a claim upon which relief could be granted because the vendors had not made any public misstatements.
A defendant may raise the defense by pre-answer motion under Rule 12(b)(6) or later in a pleading, by motion for judgment on the pleadings, or at trial.
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The court accepts all well-pleaded factual allegations as true and draws reasonable inferences in the plaintiff's favor. Conclusory allegations and legal conclusions are disregarded. The complaint must contain enough factual matter to state a plausible claim.
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No. Whether a complaint states a claim is a merits question decided under Rule 12(b)(6). Lack of jurisdiction exists only when the federal claim is wholly insubstantial or frivolous.
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Dismissal is ordinarily without prejudice. The plaintiff may seek leave to amend unless amendment would be futile.
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…County, William D. Byrne, Judge, dismissing Sue Ann Watts’ amended complaint, pursuant to sec. 802.06(2)(f), Stats. 1985-86, for failure to state a claim upon which relief may be granted. This court took jurisdiction of the appeal upon certification by the court of appeals under sec. (Rule) 809.61, Stats. 1985-86. For the reasons set forth, we hold that the complaint states…