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Motions to Dismiss for Failure to State a Claim After Iqbal: Report to the Judicial Conference Advisory Committee on Civil Rules

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.

Dismissal Order

Vaughn R. Walker

January 21, 2010

Order, Jewel v. NSA, No. 4:08-cv-4373 (N.D. Cal. Jan. 21, 2010), D.E. 703, 2010 WL 235075.

Form 34: Stipulation of Settlement and Order of Dismissal

May 1, 2007

Denial of Motion to Dismiss

James C. Cacheris

October 2, 2006

Opinion, United States v. Benkahla, No. 1:06-cr-9 (E.D. Va. Oct. 2, 2006), D.E. 57, 2006 WL 2871234.

Dismissal Opinion

Lyle E. Strom

August 30, 2006

Opinion, Tyler v. AT&T, No. 8:06-cv-523 (D. Neb. Aug. 30, 2006), D.E. 18.

Opinion Dismissing Case on State Secrets Grounds

Royce C. Lamberth

July 28, 2004

Opinion, Horn v. Huddle, No. 1:94-cv-1756 (D.D.C. July 28, 2004, refiled June 9, 2009), D.E. 380.

Order Resolving Suspense Docket 3

Alvin K. Hellerstein

March 11, 2004

Order, In re World Trade Center Disaster Site Litigation, No. 1:21-mc-100 (S.D.N.Y. Mar. 11, 2004, filed Mar. 19, 2004), D.E. 35.

Order Resolving Suspense Docket 1

Alvin K. Hellerstein

February 19, 2004

Order, In re September 11 Litigation, No. 1:21-mc-97 (S.D.N.Y. Feb. 19, 2004, filed Feb. 20, 2004), D.E. 294.

Suspense Order 3

Alvin K. Hellerstein

November 17, 2003

Order, In re World Trade Center Disaster Site Litigation, No. 1:21-mc-100 (S.D.N.Y. Nov. 17, 2003, filed Nov. 21, 2003), D.E. 27.

Opinion Denying Motion to Dismiss

Harold H. Greene

February 10, 1997

Opinion, Horn v. Huddle, No. 1:94-cv-1756 (D.D.C. Feb. 10, 1997, refiled June 9, 2009), D.E. 263.

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