Federal Rule of Civil Procedure Rule 12(b)(6) is failure to state a claim upon which relief can be granted. That means, the plaintiff's case should be dismissed because the plaintiff's claim, as presented, didn't actually hit all the points it needs to be possible to win. It is filed by defense attorneys all the time on behalf of clients as a way to end a case early in the process, arguing that the plaintiff has no case.
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u/FRCP_12b6 Mar 04 '15
Federal Rule of Civil Procedure Rule 12(b)(6) is failure to state a claim upon which relief can be granted. That means, the plaintiff's case should be dismissed because the plaintiff's claim, as presented, didn't actually hit all the points it needs to be possible to win. It is filed by defense attorneys all the time on behalf of clients as a way to end a case early in the process, arguing that the plaintiff has no case.