motion to dismiss for failure to state a claim

• 28 CFR 68.10 - Motion to dismiss for failure to state a claim upon which relief can be granted.

• Code of Federal Regulations - Title 28: Judicial Administration

• 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

• 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

• Baltimore County's Lawsuit Against Priceline, Others Withstands Challenge

Baltimore County's lawsuit against several online hotel booking companies for allegedly unpaid hotel-room occupancy taxes has survived a motion to dismiss in U.S. District Court in Baltimore. Judge Marvin J. Garbis granted in part and denied in part the defendants' motion to dismiss for failure to state a claim. The judge dismissed the unjust enrichment claim because the plaintiff failed to plead that it conferred a benefit on the defendant, as required under Maryland law.

• The Daily Record (Baltimore)
• March 08, 2011

• State ex rel. Daniel v. Lucci, (Ohio 2011)

ORIGINAL ACTION - writ of mandamus; R.C. 2731.01; motion to dismiss for failure to state a claim; Civ.R. 12(B)(6); plain and adequate remedy in the ordinary course of law; direct appeal; judicial notice

• Ohio Supreme Court

• The Use of Dispositive Motions in Arbitration

This article addresses the role of dispositive motions have in arbitration. For purposes of this article, dispositive motions are motions that would be considered dispositive by a court, such as a motion for summary judgment, a motion to dismiss for failure to state a claim, a motion for judgment on the pleadings, and a motion to strike particular claims or defenses. In arbitration, these motions are considered under the general rubric of "summary dispositions" or "partial summary dispositions." The 10th Circuit has said that a fundamentally fair arbitration hearing requires only notice, opportunity to be heard and to present relevant and material evidence and argument before the decision makers. Dispositive motions have the potential to play an important role in resolving disputes in a...

• Dispute Resolution Journal
• Vol. 62 Nbr. 3, August 2007

• Grimm v. Wickman, (Ohio 2011)

The trial court did not err in granting a motion to dismiss for failure to state a claim where the sole allegation in the complaint is prohibited pursuant to the witness immunity doctrine.

• Ohio Supreme Court

• Putting My Money Where Your Mouth Is-an Analysis of a Public Teacher's Right to Object to a Union's Use of His or Her Dues for Political Purposes in an Open Shop State

Esquinance claimed that he faced a choice between joining the union, which required the use of his money for political purposes he detested, such as the promotion of abortion and homosexual rights, or refraining from joining the union and losing the ability to have any input into his working conditions because only union members possess certain rights, such as voting to ratify the collective bargaining agreement between the union and the Polk County School Board.8 The defendants filed a motion to dismiss for failure to state a claim for which relief may be granted, and the trial court granted the motion.9 The Tennessee legislature authorized professional employee organizations to bargain collectively as the representative of professional employees with local boards of education by pas...

• University of Memphis Law Review, The
• Vol. 37 Nbr. 4, July 2007

• Baillis v. Ross, (Ohio 2012)

Trial court’s judgment granting of defendants’ motion to dismiss for failure to state a claim under Civ.R. 12(B)(6) is affirmed. Plaintiff failed to set forth facts in support of their claim that would entitle them to relief when the settlement agreement their complaint was based on was never executed by the parties and any benefit provided for in the agreement was discretionary.

• Ohio Supreme Court

• Steve Armbruster v. John Cavanaugh, (3rd Cir. 2011)

... UNITED STATES COURT OF APPEALS. FOR THE T... On July 16, 2009, defendants filed a motion to dismiss. On March 9, 2010, the District Court g... that Armbruster had failed to state a claim as a matter of law. Judge Jones determined ...=s order granting a motion to dismiss for failure to state a claim. Gelman v. State Farm Mut. Auto. ...

• Federal Circuits