Pleadings and Motions
Dispositive Motions
A Rule 12(b)(6) motion tests the legal sufficiency of the complaint. The court accepts well-pleaded factual allegations as true, draws reasonable inferences in the plaintiff's favor, disregards legal conclusions, and asks whether a plausible claim is stated.
Review is generally confined to the complaint, documents attached or integral to it, and matters subject to judicial notice.
Alternative Names:
Failure to State a Claim, 12(b)(6)
Why it Matters?
This is the most frequently filed dispositive motion in federal practice. Its most productive uses are legal rather than factual: an element the claim cannot satisfy as a matter of law, a limitations bar apparent on the face of the complaint, or a doctrine such as the economic loss rule or preemption that defeats the theory entirely. Arguing that the plaintiff's version of events is untrue is not a proper basis.
Frequently Confused with
Related terms
Frequently asked questions
What can the court consider on a 12(b)(6) motion?
What are the strongest grounds?
