Dismissal

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Reversal of State-Secrets Dismissal

Marsha S. Berzon

December 20, 2024

Fazaga v. FBI, ___ F.4th ___, 2024 WL 5179919 (9th Cir. 2024), rev’g 884 F. Supp. 2d 1022 (C.D. Cal. 20121).

Term Talk: Chiaverini v. City of Napoleon

Laurie Levenson, Evan Lee, Francesca Wiilliams

November 21, 2024

Criminal Law. Malicious-prosecution. § 1983. Experts discuss the Supreme Court’s determination that probable cause for one charge does not insulate other charges from a §1983 malicious-prosecution claim.

Term Talk: United States Trustee v. John Q. Hammons; Harrington v. Purdue Pharma L.P.

Tara L. Grove, Melissa Jacoby, Elizabeth C. Wiggins

November 21, 2024

Bankruptcy. Non-uniformity. Non-debtor Release. Experts discuss the Supreme Court’s decision to not reimburse claimants for bounded non-uniformities in Hammons, and to reject non-consensual third release in Purdue Pharma.

Affirming Dismissal on Qualified Immunity

Gerard E. Lynch

October 29, 2024

Opinion, Tanvir v. Tanzin, No. 23-738 (2d Cir. Oct. 29, 2024), D.E. 154, 120 F.4th 1049, aff'g Opinion, No. 1:13-cv-6951 (S.D.N.Y. Feb. 24, 2023), D.E. 149, 2023 WL 2216256.

Dismissal Order

Jeffrey Steven White

April 26, 2024

Order, In re NSA Telecommunication Records Litigation, No. 3:06-md-1791 (N.D. Cal. Apr. 26, 2024), D.E. 829.

Dismissal for Lack of Standing

February 23, 2024

Opinion, Long v. Garland, No. 1:15-cv-1642 (E.D. Va. Feb. 23, 2024), D.E. 80, 2024 WL 761850, appeals pending, Docket Sheet, No. 24-1403 (4th Cir. May 7, 2024); Docket Sheet, No. 24-1369 (4th Cir. Apr. 30, 2024).

Partial Dismissal

Richard Brooke Jackson

June 9, 2023

Opinion, Ajaj v. Fed. Bureau of Prisons, No. 1:15-cv-992 (D. Colo. June 9, 2023), D.E. 442.

Dismissal on Qualified Immunity

Ronnie Abrams

February 24, 2023

Opinion, Tanvir v. Tanzin, No. 1:13-cv-6951 (S.D.N.Y. Feb. 24, 2023), D.E. 149, 2023 WL 2216256, aff'd, 120 F.4th 1049 (2d Cir. 2024).

Update on Resolution of Rule 12(b)(6) Motions Granted with Leave to Amend: Report to the Judicial Conference Advisory Committee on Civil Rules

Joe S. Cecil, George W. Cort, Margaret S. Williams, Jared J. Bataillon, Jacqueline G. Campbell

November 1, 2011

In our March 2011 report, we indicated that following the Supreme Court decision in Ashcroft v. Iqbal (2009), Federal Rule of Civil Procedure 12(b)(6) motions to dismiss for failure to state a claim were granted more frequently with leave to amend the complaint.

Motions to Dismiss for Failure to State a Claim After Iqbal: Report to the Judicial Conference Advisory Committee on Civil Rules

Joe S. Cecil, George W. Cort, Margaret S. Williams, Jared J. Bataillon

March 1, 2011

This report presents the findings of a Federal Judicial Center study on the filing and resolution of motions to dismiss for failure to state a claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The study was requested by the Judicial Conference Advisory Committee on Civil Rules.

Federal Judicial Center

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