Legal Memorandum: Review Standard for a Rule 12(b)(6) Motion

Issue: What is the applicable standard of review for a Rule 12(b)(6) motion in the Southern District of Florida?

Area of Law:	Litigation & Procedure
Keywords:	Rule 12(b)(6) Motion to Dismiss; Standard of review
Jurisdiction:	Federal, Florida
Cited Cases:	467 U.S. 69; 556 U.S. 662
Cited Statutes:	Fed.R.Civ.P 12(b)(6); Fed.R.Civ.P. 8(a)
Date:	11/01/2012

The court recently stated the applicable standard of review for a Rule 12(b)(6) motion:

With respect to the motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), the Court observes first that Rule 8(a) of the Federal Rules of Civil Procedure requires “a short and plain statement of the claims” that “will give the defendant fair notice of what the plaintiff’s claim is and the ground upon which it rests.” Fed.R.Civ.P. 8(a).  The Supreme Court has held that “[w]hile a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff’s obligation to provide the ‘grounds’ of his ‘entitlement to relief’ requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise a right to relief above the speculative level.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S. Ct. 1955, 167 L. Ed. 2d 929 (2007) (internal citations omitted).

“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.”  Ashcroft v. Iqbal, 556 U.S. 662, 129 S. Ct. 1937, 1949, 173 L. Ed. 2d 868 (2009) (quotations and citations omitted). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that […]

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