Also known as: Rule 12(b)(6) · 12(b)(6) motion · Fed. R. Civ. P. 12(b)(6) · motion to dismiss · failure to state a claim
Written by attorneys · grounded in primary & secondary sources — see below
A procedural device permitting a defendant to test whether a complaint alleges facts that, if true, would entitle the plaintiff to relief. Courts disregard conclusory allegations and assess whether the remaining well-pleaded facts make the claim plausible rather than merely possible.
Finn Fletcher sued Fairfield Bank alleging only that the bank had mishandled his account without identifying any specific duty breached or resulting damages. The bank filed a motion asserting that the pleading failed to state a claim. The court granted the motion because the complaint supplied no facts showing an entitlement to relief.
Fumiko Fujimoto filed suit against Frontier Capital claiming the firm had engaged in fraudulent trading. Her complaint stated only that the firm acted with fraudulent intent and caused her losses. The court disregarded the bare assertions of intent and granted dismissal because the remaining facts did not render the fraud claim plausible.
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Paula Patel sued Metro Transit alleging negligence after a bus incident but pleaded only that the driver was careless and she suffered harm. Metro moved under Rule 12(b)(6). The court dismissed because the complaint contained no facts showing breach of duty or causation that would make relief plausible.
A complaint survives only if its well-pleaded factual allegations, taken as true, make the claim plausible rather than merely possible. Conclusory statements are disregarded.
Failure to state a claim may be raised in a motion for judgment on the pleadings or at trial. The defense is not waived by failing to assert it in the initial response.
A dismissal under Rule 12(b)(6) is typically without prejudice unless the court specifies otherwise or the plaintiff cannot cure the defect through amendment.
Rule 12(b)(6) tests the legal sufficiency of the claim itself. Challenges to process or service address whether the defendant was properly notified and are governed by separate subdivisions.