motion to dismiss 12 b 6

• Rose v. Cochran, (Ohio 2012)

motion to dismiss; Civ.R. 12 (B)(6); matters outside the pleadings; convert to motion for summary judgment

• Ohio Supreme Court

• Harris v. Pro-Lawn Landscaping, Inc., (Ohio 2012)

motion to dismiss; Civ.R. 12(B)(6); convert; summary judgment; judicial notice; prior proceedings; savings statute; time-barred

• Ohio Supreme Court

• Jack Daniels Motors Inc v. Universal Underwriters Ins Co, (3rd Cir. 2011)

... District Court's decision granting the motion to dismiss filed by Universal Underwriters Insura...§ 1291. . We exercise plenary review over a distri... to Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim. Grief v. . Klem, 5...

• Federal Circuits

• Fink v. Twentieth Century Homes, Inc., (Ohio 2010)

Motion to dismiss, Civ.R. 12(B)(6), immunity, R.C. 2744.02(A), political subdivision, de novo.

• Ohio Supreme Court

• BAC Home Loans Servicing, L.P. v. Kolenich, (Ohio 2011)

Summary judgment; mortgage foreclosure: The trial court properly granted summary judgment in favor of mortgage assignee on its foreclosure complaint. Property owners did not dispute that the promissory note was in default. Their speculative claims that the mortgage assignee had been made whole as a result of the default through the United States government's Troubled Asset Relief Program and other government funds were insufficient to defeat summary judgment. Motion to dismiss; Civ.R. 12(B)(6): The trial court improperly dismissed property owners' counterclaims alleging a violation of the Fair Debt Collections Practices Act and to quiet title where the court relied exclusively on a previous order issued in the case. The court was required to convert the motion into one for summary ...

• Ohio Supreme Court

• Calin v. Nemes, (Ohio 2012)

Res judicata may not be raised by motion to dismiss pursuant to Civ.R. 12(B)(6). Civ.R. 8(F); merits of res judicata defense not reached.

• Ohio Supreme Court

• Five Star Fin. Corp. v. Merchant's Bank & Trust Co., (Ohio 2011)

PROCEDURE/RULES – CIVIL MISCELLANEOUS – DEBTOR/CREDITOR: Claims of unconscionability involve questions of both law and fact that generally cannot be decided on a motion to dismiss filed under Civ.R. 12(B)(6). A res judicata defense may not be raised in a motion to dismiss under Civ.R. 12(B)(6), but instead must be raised in a summary-judgment motion. The trial court properly dismissed a claim for fraud when the claim was filed beyond the applicable four-year limitations period, and when the complaint did not contain any allegations that would have extended the filing time. The trial court properly dismissed a claim for breach of fiduciary duty when no fiduciary relationship existed between the parties, who had no more than an ordinary debtor/creditor relationship in a commercial con...

• Ohio Supreme Court

• Viking & Worthington Steel Ents., L.L.C. v. James, (Ohio 2011)

CIVIL- motion to dismiss for failure to state a claim; Civ.R. 12(B)(6); fraud; fraudulent inducement; invited error; plain error; parol evidence; extrinsic evidence; standing; corporate standing; separate and distinct injury

• Ohio Supreme Court

• Hill v. Pfeiffer, (Ohio 2011)

Trial court did not err in granting appellee's Civ.R. 12(B)(6) motion to dismiss.

• Ohio Supreme Court

• Vocaire v. Stafford & Stafford Co. L.P.A., (Ohio 2011)

Legal malpractice; statute of limitations; Civ.R. 12(B)(6) motion to dismiss for failure to state a claim upon which relief may be granted; test for identifying a cognizable event.

• Ohio Supreme Court