Legal Memorandum: Rule 12(b)(6) Motion to Dismiss

Issue: What is needed for a Plaintiff’s Complaint to survive a Rule 12(b)(6) motion to dismiss for failure to state a claim on which relief can be granted?

Area of Law: Litigation & Procedure
Keywords: Rule 12(b)(6) Motion to Dismiss; Failure to state a claim
Jurisdiction: Minnesota
Cited Cases: 582 N.W.2d 273; 122 N.W.2d 26; 636 N.W.2d 334; 540 N.W.2d 494
Cited Statutes: Rule 12(b)(6)
Date: 12/01/2012


For purposes of a motion to dismiss, the Court must accept the facts in the complaint as true and draw all reasonable and favorable inferences in favor of the plaintiff.  Pullar v. Indep. Sch. Dist. No. 701, 582 N.W.2d 273, 275-76 (Minn. Ct. App. 1998).  At this stage of the proceedings, whether the plaintiff can prove the facts alleged is immaterial.  Stead-Bowers v. Langley, 636 N.W.2d 334, 338 (Minn. Ct. App. 2001).  A complaint may be dismissed only when it is clear from the face of the complaint that the claim is legally deficient.  N. States Power Co. v. Franklin, 122 N.W.2d 26, 29 (Minn. 1963). 

Although a district court typically may not consider documents other than the complaint without converting the motion into one for summary judgment, the court may consider a document if the complaint refers to it and it is central to the claims alleged.  In re Hennepin County 1986 Recycling Bond Litig., 540 N.W.2d 494, 497 (Minn. 1995). 


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