rule-12b6
39 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-6307 | Carl Sidney Race v. Montana State Prison Infirmary, et al. | Ninth Circuit | 2025-12-08 | Denied | Response WaivedIFP | civil-procedure district-court magistrate-authority motion-to-dismiss personal-involvement rule-12b6 | 1. Does a U.S. Magistrate Judge have the authority under 28 U.S.C. § 636(c) to supersede an Order of the Article III U.S. District Court Judge that de… |
| 25-649 | Tamim Shansab v. Nasir Shansab, et al. | Fourth Circuit | 2025-12-04 | Denied | Response Waived | continuing-violations-doctrine due-process evidence-tampering rule-12b6 statute-of-limitations supreme-court-precedent | 1. On October 16, 2025, the United States Department of Justice disclosed its indictment of previous National Security Advisor (N-SA) to President Don… |
| 25-638 | Zhongxiao Michael Chen v. Michigan State University | Sixth Circuit | 2025-12-04 | Denied | Response Waived | circuit-split civil-procedure electronic-filing in-forma-pauperis prima-facie rule-12b6 | 1. Whether a civil action is "commenced " under Federal Rule of Civil Procedure 3 when a complaint is electronically delivered and date -stamped by … |
| 25-6029 | Keith Baldwin, Jr. v. Jamey Fletcher, Captain, Maiden Police Department | Fourth Circuit | 2025-11-04 | Denied | Response WaivedIFP | affirmative-defenses civil-rights constitutional-violations discovery-rights rule-12b6 section-1983 | 1. Discovery Rights in § 1983 Cases: Whether federal district courts must allow § 1983 plaintiffs reasonable discovery to develop facts regarding defe… |
| 25-403 | Kenneth D. Anderson, et al. v. Crystal Estrada, Deputy, et al. | Fifth Circuit | 2025-10-03 | Denied | Response Waived | constitutional-violation excessive-force fifth-circuit graham-factors qualified-immunity rule-12b6 | The Fourth Amendment requires courts to evaluate excessive force claims based on the totality of the circumstances by sloshing through a "factbound mo… |
| 25-359 | Rambod Sotoodeh, et al. v. City of South El-Monte, California, a Municipal Corporation, et al. | Ninth Circuit | 2025-09-25 | Denied | circuit-split federal-rules-civil-procedure local-rules merits-consideration motion-to-dismiss rule-12b6 | Whether Federal Rules of Civil Procedure 12(b)(6) and 83(a)(1) require a district court to consider the merits of an unopposed Rule 12(b)(6) motion to… | |
| 24-7263 | Yhanka Veras v. New York City Department of Education, et al. | Second Circuit | 2025-05-21 | Denied | Response WaivedIFP | ada civil-rights disabilities-act motion-practice rule-12b6 twiqbal | Whether the American With Disabilities Act (ADA) affords a litigant, such as Yhanka Veras, an accommodated plausibility standard under Twiqbal, for Ru… |
| 24-873 | Angela W. DeBose v. United States, et al. | Eleventh Circuit | 2025-02-14 | Denied | Response Waived | jury-trial preliminary-injunction rule-12b6 rule-65 temporary-restraining-order vexatious-litigant | (1) Whether the "with " and/or "without " notice rules of Rule 65 for a preliminary injunction or temporary restraining order require a hearing? (2) … |
| 24-846 | Marc M. Susselman v. Washtenaw County Sheriff's Office, et al. | Sixth Circuit | 2025-02-07 | Denied | Response Waived | civil-rights due-process first-amendment probable-cause rule-12b6 substantive-due-process | 1. Whether the Sixth Circuit Court of Appeals violated Petitioner's right to due process under the Fourteenth Amendment by failing to adhere to the st… |
| 24-6397 | Mahfooz Ahmad v. Colin Day, et al. | Second Circuit | 2025-01-27 | Denied | Response WaivedRelisted (2)IFP | circuit-split civil-procedure dismissal-standard judicial-consistency procedural-fairness rule-12b6 | The standard for dismissing claims under Rule 12 (b) 6 of the Federal Rules of Civil Procedure is variable across the circuit courts. It is as variabl… |
| 24A664 | Pedro Ortiz-Romero v. Government Development Bank for Puerto Rico, et al. | First Circuit | 2025-01-03 | Presumed Complete | civil-procedure constitutional-claims discovery-rights discrimination due-process rule-12b6 | Question not identified. | |
| 24-527 | Emory D. Christian v. Rancho Grande Manufactured Home Community, et al. | Ninth Circuit | 2024-11-08 | Denied | Response Waived | causation civil-rights constitutional-intent judicial-discretion procedural-law rule-12b6 | Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), Ashcroft v. Iqbal, 556 U.S. 662 (2009), and Comcast v. National Association of African American-O… |
| 24-526 | Garth Drabinsky v. Actors' Equity Association | Second Circuit | 2024-11-08 | Denied | Response Waived | antitrust-law due-process labor-exemption legitimate-interests rule-12b6 union-immunity | Does the statutory labor exemption—which requires that unions act pursuant to a legitimate self-interest—provide unions with blanket immunity from the… |
| 24-468 | Jo Spence v. Department of Veterans Affairs, et al. | District of Columbia | 2024-10-25 | Denied | Response Waived | administrative-procedure liberal-pleading-standard pro-se-pleading rule-12b6 veterans-affairs whistleblower-protection | 1. Whether the Court's issuance of a ruling stating that the liberal pleading standard does not invariably apply to pro se attorneys without first add… |
| 23A684 | Sabrina Gibson v. Thomas F. Roupas, Jr., et al. | Fourth Circuit | 2024-01-24 | Presumed Complete | civil-procedure federal-courts motion-to-dismiss pleading-standard rule-12b6 sufficiently-alleged | Question not identified. | |
| 23A675 | Hong Tang v. Kurt L. Schmoke, et al. | Fourth Circuit | 2024-01-22 | Presumed Complete | civil-rights dismissal federal-procedure fourth-circuit pro-se rule-12b6 | Question not identified. | |
| 23-591 | Althea Miley v. Deborah J. Burns, et al. | Eleventh Circuit | 2023-12-05 | Denied | Response Waived | appellate-review circuit-split civil-procedure due-process eleventh-circuit issue-preclusion judicial-proceedings res-judicata rule-12b6 | Whether the Eleventh Circuit Court of Appeals; Northern District Court of Georgia; and the Georgia State Courts ' adherence to issue preclusion doctri… |
| 23A374 | Gina Russomanno v. Sunovion Pharmaceuticals Inc., et al. | Third Circuit | 2023-10-25 | Presumed Complete | abuse-of-discretion adequate-remedy curative-remedy judicial-discretion rule-12b6 void-judgment | Question not identified. | |
| 23-5433 | Kingsley Azubuike Ononuju v. Virginia Housing Development Authority, et al. | Fourth Circuit | 2023-08-24 | Denied | Response WaivedIFP | 42-usc-1983 agency-regulation constitutional-rights fourth-circuit improper-eviction rule-12b6 rule-60(b)(4) rule-60b4 section-1983 tila tila-claim void-judgment | A. Did the Fourth Circuit err in affirming the ruling of the district Court in which granted "Rule 12(b)(6) motion " of the Respondent against TILA cl… |
| 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) … |
| 22-6059 | 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… |
| 22-16 | Business Exposure Reduction Group (BERG) Associates, LLC v. Pershing Square Capital Management, L.P. | Second Circuit | 2022-07-06 | Denied | Response Waived | 12(b)(6) civil-procedure dismissal inference-drawing inferences judicial-discretion motion-to-dismiss pleading-standard pleadings rule-12b6 state-of-mind twombly-standard | Whether the courts below deviated from and disregarded this Court's holding in Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007), by granting dismissal … |
| 21-1324 | John Zarba, et ux. v. Town of Oak Bluffs, Massachusetts, et al. | First Circuit | 2022-04-04 | Denied | appellate civil-procedure civil-rights constitutional-rights due-process hearing municipal-liability rule-12b6 section-1983 standing | 1. Should this Court resolve the long standing problem that Rulel2(b)(6) motions should be dramatically modified due to the following; 1) the rule dem… | |
| 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… |
| 21-572 | John M. Sweeney, et ux. v. Eastman Kodak Company | Third Circuit | 2021-10-20 | Denied | Response Waived | bankruptcy bankruptcy-discharge civil-procedure civil-rights claims-bar-date due-process jones-v-brock latent-injury products-liability rule-12b6 | 1. Is a products liability complaint subject to dismissal, pursuant to Rule 12(b)(6), Fed. R. Civ. P., consistent with the fifth amendment's Due Proce… |
| 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… |
| 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… |
| 20-724 | Donovan Middleton, et al. v. Complete Nutrition Franchising, LLC, et al. | Eighth Circuit | 2020-11-25 | Denied | circuit-split civil-procedure dismissal-with-prejudice judicial-discretion motion-to-amend post-judgment-motion rule-12b6 rule-59e standard-of-review | The Eighth Circuit affirmed the District Court's judgment granting Defendants' Motion to Dismiss and, thereafter, denied Petitioners' Motion to Alter … | |
| 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… | |
| 19-1399 | Shelby Advocates for Valid Elections, et al. v. Tre Hargett, Tennessee Secretary of State, et al. | Sixth Circuit | 2020-06-22 | Denied | Amici (1)Response Waived | civil-procedure civil-rights due-process election-security election-standing equal-protection maladministration rule-12b1 rule-12b6 standing voting-rights voting-system | I. Do the plaintiffs, who have shown an actual breach and maladministration, have standing to challenge their county's fundamentally unfair voting sys… |
| 19-8405 | Irvin Reyes v. Kaiser Permanente | Ninth Circuit | 2020-05-06 | Denied | IFP | civil-procedure dismissal-with-prejudice due-process inadequate-representation judgment-on-merits pro-se pro-se-litigation res-judicata rule-12b6 standing | (1) The courts have held that, unless otherwise specified, a dismissal for failure to state a claim under Rule 12(b)(6) is presumed to be both a Judgm… |
| 19-93 | Deborah Walton v. First Merchants Bank, et al. | Seventh Circuit | 2019-07-18 | Denied | Response Waived | civil-procedure court-dockets due-process equal-credit-opportunity-act federal-court-docketing federal-rules-of-civil-procedure financial-privacy personal-information-disclosure procedural-due-process rule-12b6 statutory-authorization | Whether the 7th Circuit Court of Appeals neglected to apply Procedural-Due-Process to the Petitioners-Appeal in accordance with the Fifth-and-Fourteen… |
| 18-9518 | Blayne D. Williams, Sr. v. City of Austin, Texas, et al. | Fifth Circuit | 2019-06-03 | Denied | Response WaivedIFP | 7th-amendment civil-rights due-process employment federal-law federal-rules-of-civil-procedure municipal-employer municipal-government property-interest rule-12b6 seventh-amendment state-law | Whether the City of Austin, as a municipal government employer violated the Appellant's federal and state law rights secured by the United States Cons… |
| 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… |
| 18-934 | Cynthia Prosterman, et al. v. American Airlines Inc., et al. | Ninth Circuit | 2019-01-18 | Denied | Response Waived | antitrust-enforcement antitrust-pleading civil-procedure combination-conspiracy due-process pleading-standards rule-12b6 sherman-act twombly twombly-standard | Should this Court clarify its decision in Twombly to settle § 1 'combination or conspiracy' pleading standards? |
| 18-535 | Residents Against Flooding, et al. v. Reinvestment Zone Number Seventeen, City of Houston, Texas, et al. | Fifth Circuit | 2018-10-23 | Denied | Response Waived | circuit-split civil-procedure land-use land-use-decisions motion-to-dismiss property-rights rational-basis rule-12b6 standard-of-review substantive-due-process takings | Whether, and to what extent, a court must give deference to a plaintiff's complaint and view the government's rational basis as a rebuttal presumption… |
| 18-243 | Anthony Fox v. John Powell, et al. | Third Circuit | 2018-08-24 | Denied | Response Waived | 11th-amendment checks-and-balances civil-rights constitutional-protection constitutional-rights discovery due-process eleventh-amendment judicial-abrogation judicial-proceedings motion-to-dismiss rule-12b6 standing supervisory-liability supervisory-responsibility | Is this Court not required to protect the Constitution as envisioned by our founding fathers in the Eleventh Amendment of the Constitution and does no… |
| 18-5476 | Abdul Hakiym Ismaiyl v. Fatimah D. Brown, et al. | Sixth Circuit | 2018-08-07 | Denied | IFP | abuse-of-discretion civil-procedure civil-procedure-52 clearly-erroneous due-process fabricated-facts fact-finding judicial-discretion pleadings rule-12b6 rule-52 rule-60 | Whether the fact-finding process under Fed. R. Civ. P. 52 permits a court to fabricate or use fabricated facts not found in the pleadings, altering th… |