rule-12(b)(6)
24 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-752 | Heather Swanson, et al. v. Michael T. Hilgers, Attorney General of Nebraska, et al. | Eighth Circuit | 2025-12-29 | Pending | Response Waived | constitutional-challenge due-process midwife-practice rational-basis-review rule-12(b)(6) separation-of-powers | 1. Does rational basis review permit courts, at the Rule 12(b)(6) stage, to treat plaintiffs' well-pleaded factual allegations as irrelevant? 2. Does… |
| 24-1195 | In Re Symon Mandawala | 2025-05-22 | Denied | civil-procedure jurisdiction motion-to-dismiss rule-12(b)(6) service-of-process sua-sponte | Whether a district court itself can invoke a motion to dismiss sua sponte under Rule 12(b)(6) of the Federal Rules of Civil Procedure in a civil case … | ||
| 24-916 | Koss Corporation v. Bose Corporation | Federal Circuit | 2025-02-25 | Denied | Response Waived | collateral-estoppel dismissal-stipulation federal-circuit non-merits-determination patent-claims rule-12(b)(6) | When a district court grants a Rule -12(b)(6) motion to dismiss but does so without prejudice and with leave to amend, may that non-merits deter minat… |
| 24-341 | Juan Carlos Emden, et al. v. The Museum of Fine Arts, Houston | Fifth Circuit | 2024-09-26 | Denied | Response Waived | act-of-state-doctrine federal-civil-procedure foreign-sovereign-immunity judicial-inference nazi-art-restitution rule-12(b)(6) | 1. Whether the Fifth Circuit's application of the act of state doctrine conflicts with well-established precedent that adjudicating the effects of a f… |
| 23-515 | Amory Investments LLC, et al. v. Utrecht-America Holdings, Inc., et al. | Seventh Circuit | 2023-11-15 | Denied | circuit-split civil-procedure federal-rules federal-rules-of-civil-procedure judicial-discretion motion-to-dismiss procedural-rights rule-12(b)(6) rule-56 summary-judgment | Is the Seventh Circuit correct in its view (contrary to that of other courts of appeals) that a district court may, in response to a motion made pursu… | |
| 23-5053 | Joann Artis Stevens v. Town of Snow Hill, North Carolina, et al. | Fourth Circuit | 2023-07-06 | Denied | Response WaivedRelisted (3)IFP | administration-of-justice civil-procedure civil-rights judicial-interpretation judicial-system legal-remedies litigation-efficiency pre-trial-motions pretrial-motions rule-12(b)(6) rule-12b6 | 1. This Claim is of exceptional importance, and is a vehicle to remedy the issues and conflict in our Judicial Systems by of Pretrial Motion 12(b)(6) … |
| 22-858 | John W. Fink v. Jonathan L. Bishop, et al. | Third Circuit | 2023-03-09 | Denied | Response Waived | bias civil-procedure civil-rights due-process impartiality judicial-bias plenary-hearing rule-12(b)(6) rule-60(d) standing third-circuit | Did the Third Circuit judges repeatedly fail to impartially decide my underlying appeal case, as well as other previous appeal cases of mine? Did the… |
| 22-573 | BRFHH Shreveport LLC, dba University Health Shreveport v. Willis-Knighton Medical Center, dba Willis-Knighton Health System | Fifth Circuit | 2022-12-21 | Denied | Response RequestedResponse WaivedRelisted (2) | antitrust-law circuit-split motion-to-dismiss plausibility-standard pleading-standards rule-12(b)(6) section-1 sherman-act twombly | May a Section 1 claim be dismissed pursuant to Fed. R. Civ. P. 12(b)(6), consistent with Twombly, based on evidence suggesting an alternative, non-con… |
| 22-6059 | Maurice Oparaji v. Municipal Credit Union | Second Circuit | 2022-11-17 | Denied | Response WaivedIFP | circuit-split civil-procedure de-novo-review due-process electronic-fund-transfer-act rule-12(b)(6) rule-12b6 standing summary-judgment supplemental-jurisdiction | 1. Whether the district court erred in dismissing Oparaji's complaint under Fed. R. Civil P. 12(b) (6), alleging that .Oparaj i sets no factual allega… |
| 21-1144 | Tracie Leach, et al. v. Mentor Worldwide, LLC | Ninth Circuit | 2022-02-17 | Denied | Response WaivedRelisted (2) | adverse-events defective-manufacture failure-to-warn food-drug-cosmetic-act medical-device-amendments preemption rule-12(b)(6) state-common-law | The question presented is whether preemption under the Medical Device Amendments to the Food, Drug, and Cosmetic Act supports Rule 12(b)(6) dismiss… |
| 21-812 | WhitServe LLC v. Dropbox, Inc. | Federal Circuit | 2021-12-01 | Denied | Response Waived | 35-usc-101 enablement patent-eligibility person-having-ordinary-skill-in-the-art presumption-of-validity rule-12(b)(6) rule-12b6 section-101 technological-improvement | 1. If a patentee makes factual assertions and provides supporting evidence that its claimed invention is directed to patent-eligible subject matter un… |
| 21-49 | James Tolle v. Rockwell Collins Control Technologies, Inc., dba Rockwell Collins, Inc., dba United Technologies Corporation, et al. | Fourth Circuit | 2021-07-14 | Denied | Response Waived | civil-rights due-process factual-allegations free-speech judicial-review pleading-standards presumption-of-truth rule-12(b)(6) rule-12b6 standing summary-dismissal | I. Without any indication from the District Court's Opinion that it found a defect in Plaintiff's pleadings or factual allegations of his Complaint, t… |
| 21-26 | Brittany Billetts, et al. v. Mentor Worldwide LLC | Ninth Circuit | 2021-07-09 | Denied | adverse-events common-law-claims defective-manufacture failure-to-warn food-and-drug-administration medical-device-amendments medical-device-manufacturing preemption rule-12(b)(6) | The question presented is whether preemption under the Medical Device Amendments to the Food, Drug, and Cosmetic Act supports Rule 12(b)(6) dismissal … | |
| 20-1822 | Amber Brooks, et al. v. Mentor Worldwide LLC | Tenth Circuit | 2021-07-01 | Denied | adverse-events defective-manufacture failure-to-warn food-drug-cosmetic-act medical-device-amendments medical-device-manufacturing preemption rule-12(b)(6) state-common-law | The question presented is whether preemption under the Medical Device Amendments to the Food, Drug, and Cosmetic Act supports Rule 12(b)(6) dismissal … | |
| 20-786 | United States, ex rel. Gwendolyn Porter v. Magnolia Health Plan, Inc. | Fifth Circuit | 2020-12-09 | Denied | Response Waived | circuit-split civil-procedure false-claims-act materiality materiality-requirement motion-to-dismiss pleading-standard pleading-standards proof rule-12(b)(6) rule-12b6 | It is, or at least, was well established that in order to withstand a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, a… |
| 20-759 | Robel Bing v. Brivo Systems, LLC | Fourth Circuit | 2020-12-02 | Denied | Response Waived | civil-liberties civil-procedure civil-rights due-process employment-discrimination pleading-standards pro-se-pleading rule-12(b)(6) title-vii | 1. Did the 4th Circuit's Published Opinion, with dissent, err in its 2-1 majority affirmance of the district court's dismissal of Bing's pro se compla… |
| 20-325 | Whitserve LLC v. Donuts Inc., et al. | Federal Circuit | 2020-09-11 | Denied | 35-usc-101 commercial-success fact-weighing patent-eligibility patent-infringement patent-validity presumption-of-validity rule-12(b)(6) rule-12b6 statutory-presumption | If a patentee makes factual assertions that its claimed invention is directed to patent-eligible subject matter under 35 U.S.C. § 101, including asser… | |
| 19-973 | Brian D. Swanson v. United States | Eleventh Circuit | 2020-02-04 | Denied | Response Waived | apportionment capital capital-tax constitutional-taxation direct-tax federal-tax-return income-classification income-tax rule-12(b)(6) tax-refund | 1. May the Respondent collect a direct tax on Petitioner 's capital without going through the rule of apportionment? 2. May Respondent use Petition… |
| 19-579 | William Boateng v. BP, P.L.C., et al. | Fifth Circuit | 2019-11-04 | Denied | Response Waived | appellate-review civil-procedure court-of-appeals district-court federal-rules motion-to-dismiss rule-12(b)(6) rule-12(d) summary-judgment | Federal Rule of Civil Procedure 12(d) provides, "If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not … |
| 18-1560 | Richard Leland Neal v. B. Marc Neal, et al. | Ninth Circuit | 2019-06-21 | Denied | amended-complaint appellate-review civil-procedure district-court due-process federal-courts federal-rules motion-to-dismiss ninth-circuit pleadings rule-12(b)(6) standing | Whether the Arizona District Court and the Ninth Circuit created a split by holding that defendants timely responded to Plaintiff's amended complaint … | |
| 18-1448 | Glasswall Solutions Limited, et al. v. Clearswift Ltd. | Federal Circuit | 2019-05-20 | Denied | 35-usc-101 berkheimer berkheimer-standard conclusory-legal-assertions federal-circuit patent-eligibility patent-eligibility-35-usc-101 patent-infringement patent-specification pleading presumption-of-validity rule-12(b)(6) rule-12b6 twombly | Whether the claimed invention improves computer function by eliminating a then-conventional method | |
| 18-1114 | TS Patents LLC v. Yahoo! Inc. | Federal Circuit | 2019-02-26 | Denied | Response Waived | 35-usc-101 ashcroft-v-iqbal claim-dismissal federal-circuit novel-improvements novel-invention novel-technical-improvements patent-eligibility patent-eligibility-35-usc-101 patent-infringement patent-presumption patent-validity presumption-of-validity routine-and-conventional rule-12(b)(6) rule-12b6 technical-improvements | Can a court dismiss a patent infringement complaint under Rule 12(b)(6), for a lack of patent eligibility under 35 U.S.C. $101, when the complaint and… |
| 18-862 | Michael J. Daugherty, et al. v. Alain H. Sheer, et al. | District of Columbia | 2019-01-07 | Denied | Response Waived | circuit-split civil-procedure civil-rights due-process motion-to-dismiss pleading pleading-standard qualified-immunity rule-12(b)(6) standing | May a court dismiss a complaint under Rule 12(b)(6) for failing to plead facts needed to overcome an anticipated qualified-immunity defense? |
| 18-31 | Joel Beck v. Nationstar Mortgage, LLC, et al. | Ninth Circuit | 2018-07-05 | Denied | Response Waived | civil-procedure civil-rights due-process foreclosure foreclosure-claims mortgage motion-to-dismiss pro-se pro-se-plaintiff procedural-dismissal rule-12(b)(6) standing state-law supreme-court-precedent | Whether a pro se plaintiff's pleading of plausible state law claims, including an allegation that would stop a pending foreclosure, is subject to dism… |