You are here

Dismissal

Displaying 1 - 10 of 12
Contains
Contains
Format: 2020
Greater than or equal to
Available Online Only

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. We also noted that the opportunity to amend the complaint may cure the defect and change the findings of the study. The Advisory Committee asked that we follow the events in the study cases, determine the extent to which the respondents submitted amended complaints, and report the outcome of any subsequent motions to dismiss.

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. This request was prompted by two recent Supreme Court decisions Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009)  that interpreted Rule 8(a) by stating that a plaintiff must present a "plausible" claim for relief.

Jewel v. NSA (N.D. Cal. 4:08-cv-4373).

This document is among Selected Orders and Other Case Documents that, in turn, are among the Center's resources on National Security Cases.

Tyler v. AT&T (D. Neb. 8:06-cv-523).

This document is among Selected Orders and Other Case Documents that, in turn, are among the Center's resources on National Security Cases.

Horn v. Huddle (D.D.C. 1:94-cv-1756).

This document is among Selected Orders and Other Case Documents that, in turn, are among the Center's resources on National Security Cases.

In re World Trade Center Disaster Site Litigation (S.D.N.Y. 1:21-mc-100).

This document is among Selected Orders and Other Case Documents that, in turn, are among the Center's resources on National Security Cases.

In re September 11 Litigation (S.D.N.Y. 1:21-mc-97).

This document is among Selected Orders and Other Case Documents that, in turn, are among the Center's resources on National Security Cases.

In re World Trade Center Disaster Site Litigation (S.D.N.Y. 1:21-mc-100).

This document is among Selected Orders and Other Case Documents that, in turn, are among the Center's resources on National Security Cases.

Horn v. Huddle (D.D.C. 1:94-cv-1756).

This document is among Selected Orders and Other Case Documents that, in turn, are among the Center's resources on National Security Cases.

Pages

Subscribe to Dismissal