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Fed. R. Civil P. 12

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Contains
Contains
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Greater than or equal to
Joe S. Cecil, George W. Cort, Margaret S. Williams, Jared J. Bataillon, Jacqueline G. Campbell
November 1, 2011

In our March 2011 report, we indicated that following the Supreme Court decision in Ashcroft v. Iqbal (2009), Federal Rule of Civil Procedure 12(b)(6) motions to dismiss for failure to state a claim were granted more frequently with leave to amend the complaint.

Joe S. Cecil, George W. Cort, Margaret S. Williams, Jared J. Bataillon
March 1, 2011

This report presents the findings of a Federal Judicial Center study on the filing and resolution of motions to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The study was requested by the Judicial Conference Advisory Committee on Civil Rules.

Thomas E. Willging
January 1, 1989

Federal Rule of Civil Procedure 12(b)(6) allows the defense of "failure [of a complaint] to state a claim upon which relief can be granted." The Center conducted the study at the request of the Advisory Committee on Civil Rules of the Judicial Conference of the United States and its reporter, Pro

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