failure to state a claim on which relief can be granted

• Harris v. Jorgen-Martinez, (Ohio 2009)

Plaintiff's appeal that contests the trial court's judgment entry dismissing his complaint for failure to state a claim on which relief can be granted and denying his Civ.R. 60(B) motion for relief fails because (1) plaintiff failed to timely appeal from the trial court's judgment entry granting defendants' Civ.R. 12(B)(6) motion to dismiss, and (2) plaintiff's Civ.R. 60(B) motion fails to set forth grounds for relief under that rule but instead employs the rule as a substitute for appeal in an effort to reargue the merits of his complaint.

• Ohio Supreme Court

• Ryan David Funk, Petitioner V. Commissioner of Internal Revenue, Respondent

Where, in a 74-page petition responding to a notice of deficiency in 2001 income tax and Section 6651(a)(1) addition to tax for failure to file a tax return, the petitioner asserted only frivolous and groundless arguments that he repeated in an amended petition, the Commissioner moved to dismiss for failure to state claim upon which relief can be granted. At hearing on motion the Commissioner failed to offer evidence supporting the Section 6651(a)(1) determination, contending there and in supplemental memorandum that the Commissioner did not bear burden of production for Section 6651(a)(1) addition to tax insofar as the petitioner had failed to state claim upon which relief could be granted as to any issue, the Tax Court determined that the Commissioner was not required under Section 74...

• United States. Tax Court. Reports
• Vol. 123 Nbr. 2, August 2004

• Stutes v. Harris, (Ohio 2007)

Trial court erred when it granted Defendant’s Civ.R. 12(B)(6) motion to dismiss for failure to state a claim upon which relief can be granted on findings that the claims for relief are barred by the one-year statute of limitations on claims for assault and battery and also by Civ.R. 13(A) because they are compulsory counterclaims in relation to claims for relief Defendant pleaded in a prior action; the claims for relief pleaded are for bodily injuries, and the applicable two-year statute of limitations was satisfied; both statute of limitations and the bar imposed by Civ.R. 13(A), which applies the doctrine of res judicata, are affirmative defenses per Civ.R. 8(C) that cannot be determined on a motion filed pursuant to Civ.R. 12(B)(6); and, the court erred when it converted the motion t...

• Ohio Supreme Court

• Dale J. Topping v.United States Department of Education, et al, (11th Cir. 2013)

... the defendants’ motions to dismiss for failure to state a claim on which relief can be granted hi...

• Federal Circuits

• Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., 552 U.S. (2008)

SUPREME COURT OF THE UNITED STATES . . Syllabus . . STONERIDGE INVESTMENT PARTNER... action would reach the whole marketplace in which the issuing company does business. There is no aut... a lawsuit could allow plaintiffs with weak claims to extort settlements from innocent companies. See.... . The District Court granted respondents' motion to dismiss for failure to statte a claim on which relief can be granted. The United States Court of Appeals...

• U.S. Supreme Court

• Hausler v. Felton, (10th Cir. 2012)

... United States Court of Appeals. ...dismissal of his breach of contract claim in a diversity action against Appellee H. Max Feltton, a resident of Oklahoma, which the district court dismissed based on. the doctrin... In September 2010, the district court granted Mr. Felton's motion to dismiss based on the doctri... Rule of Civil Procedure 12(b)(6) for failure to state a claim on which relief can be granted. I...

• Federal Circuits

• Vicarious Copyright Infringement Requires A Showing Of Supervision Or Control

... Court upheld a decision that dismissed claims of vicarious copyright infringement against the ma... court dismissed the complaint for failure to state a claim on which relief can be granted, t...

• Mondaq Business Briefing
• United States Law Articles in English
• Intellectual Property

• Anchor Bank, FSB v. Clark Hofer, (7th Cir. 2011)

In the. United States Court of Appeals. For the Seventh C... was inadequately pleaded, and the court granted the motion to dismiss with prejudice. AnchorBank ... purchase and sale of units in the Fund, which was an investment option in their individual 401(k...'s securities law and brought common law claims for breach of fiduciary duty and unjust enrichment...'s decision to dismiss a complaint for failure to state a claim on which relief can be granted. S...

• Federal Circuits

• Kinney v. Department of Justice, (10th Cir. 2012)

... United States Court of Appeals. ... State of Illinois, alleging many troubling claims. For example, he claims. that defendants have "sta... to meet minimal pleading requirements and failure to state a claim on which relief can be granted. ....

• Federal Circuits

• Anderson News, L.L.C. v. American Media, Inc., (2nd Cir. 2012)

... UNITED STATES COURT OF APPEALS. ... defendants' motion to dismiss for failure to state a claim. under § 1 of the Sherman Act...The district court granted the motions of defendants-appellees ("defendants")...12(b)(6) for failure to state a claim on which relief can be granted, and denied reconsideration,...

• Federal Circuits