Motion to Dismiss

What Is a Motion to Dismiss?

A motion to dismiss is a defendant's request to terminate a lawsuit before the case proceeds to discovery or trial. Under Federal Rule of Civil Procedure 12(b), a defendant may move to dismiss on several enumerated grounds. Most motions to dismiss are filed shortly after the complaint and before the defendant's answer, although some defenses can be raised at any time.

Common Grounds for Dismissal Under Rule 12(b)

• **12(b)(1)**: lack of subject matter jurisdiction - **12(b)(2)**: lack of personal jurisdiction over the defendant - **12(b)(3)**: improper venue - **12(b)(4)**: insufficient process - **12(b)(5)**: insufficient service of process - **12(b)(6)**: failure to state a claim upon which relief can be granted - **12(b)(7)**: failure to join a required party under Rule 19

The Plausibility Standard

For 12(b)(6) motions, courts apply the plausibility standard from Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009). The complaint must contain enough factual matter to state a claim that is plausible on its face — more than mere labels, conclusions, or recitations of legal elements. Courts accept well-pleaded factual allegations as true but disregard legal conclusions. Plaintiffs whose complaints are dismissed often receive leave to amend. Dismissals with prejudice end the case permanently, while dismissals without prejudice allow refiling.