---
title: "Motion to Dismiss (Rule 12(b)(6))"
type: Legal Rule
source: https://casebriefly.com/legal-rules/motion-to-dismiss-rule-12b6
---

# Motion to Dismiss (Rule 12(b)(6))

A Rule 12(b)(6) motion to dismiss tests the legal sufficiency of a complaint by arguing that, even accepting all factual allegations as true, the complaint fails to state a claim upon which relief can be granted.

## Definition

Federal Rule of Civil Procedure 12(b)(6) permits a defendant to move for dismissal of a complaint on the ground that it fails to state a claim upon which relief can be granted. The motion tests the legal sufficiency of the plaintiff's allegations without reaching the underlying facts. The court assumes all well-pleaded factual allegations in the complaint are true, draws all reasonable inferences in the plaintiff's favor, and then determines whether the complaint states a plausible claim for relief.

The standard for evaluating a 12(b)(6) motion was transformed by the Supreme Court in Bell Atlantic Corp. v. Twombly (2007) and Ashcroft v. Iqbal (2009), which together established the plausibility pleading standard. Under this framework, the court first identifies and disregards legal conclusions and threadbare recitals of the elements of a cause of action, then examines the remaining well-pleaded factual allegations to determine whether they state a claim that is plausible on its face. A claim is facially plausible when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable.

If the court grants the motion, the dismissal is typically without prejudice, meaning the plaintiff may amend the complaint and replead. Under Rule 15(a), courts should freely give leave to amend when justice so requires, and plaintiffs are generally given at least one opportunity to cure deficiencies. A dismissal with prejudice operates as a final judgment on the merits and triggers claim preclusion. If matters outside the pleadings are presented and not excluded by the court, the motion may be converted to a motion for summary judgment under Rule 56.

## Elements

- The court accepts all well-pleaded factual allegations as true
- Legal conclusions and formulaic recitations are disregarded
- The court draws all reasonable inferences in the plaintiff's favor
- The complaint must state a claim that is plausible on its face (Twombly/Iqbal)
- The motion tests legal sufficiency, not factual accuracy
- Dismissal is typically without prejudice, allowing amendment

## Key Case

Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)

## Landmark Cases

| Name | Citation | Significance |
| --- | --- | --- |
| Bell Atlantic Corp. v. Twombly | 550 U.S. 544 (2007) | Replaced the old no set of facts standard from Conley v. Gibson with the plausibility standard, requiring that complaints allege sufficient facts to state a plausible claim. |
| Ashcroft v. Iqbal | 556 U.S. 662 (2009) | Extended Twombly to all civil cases and established the two-step framework: strip out conclusory allegations, then assess whether remaining facts state a plausible claim. |
| Conley v. Gibson | 355 U.S. 41 (1957) | Established the prior no set of facts standard for 12(b)(6) motions, which was retired by Twombly after nearly 50 years. |
| Swierkiewicz v. Sorema N.A. | 534 U.S. 506 (2002) | Pre-Twombly case holding that employment discrimination complaints need not plead a prima facie case at the pleading stage; its continued vitality is debated post-Iqbal. |

## Exam Tips

- Apply the Twombly/Iqbal two-step framework explicitly: first identify conclusory allegations, then evaluate whether the remaining factual allegations state a plausible claim.
- Remember that plausible does not mean probable. The plaintiff need not prove the case at the pleading stage, but the complaint must suggest more than mere possibility.
- Note that a 12(b)(6) dismissal is usually without prejudice, giving the plaintiff a chance to amend. Mention this procedural point on exams.
- If the question mentions documents attached to or referenced in the complaint, those may be considered on a 12(b)(6) motion without converting it to summary judgment.

## Common Mistakes

- Applying the old Conley v. Gibson no set of facts standard, which was replaced by the plausibility standard in Twombly.
- Treating all factual allegations as true, including legal conclusions and formulaic recitations; the Iqbal framework requires stripping those out first.
- Confusing a 12(b)(6) motion with summary judgment; 12(b)(6) tests legal sufficiency of the complaint, while summary judgment evaluates evidence.

## Mnemonic Or Memory Aid

12(b)(6) two-step: (1) Strip conclusory allegations, (2) Do remaining facts make the claim plausible? Plausible means more than possible but less than probable.

## Related Rules

- pleading-standards-twombly-and-iqbal
- summary-judgment-standard-rule-56
- sanctions-rule-11

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Source: [Motion to Dismiss (Rule 12(b)(6)) — CaseBriefly](https://casebriefly.com/legal-rules/motion-to-dismiss-rule-12b6)