In Ahern Rentals, Inc. v. EquipmentShare.com, Inc., No. 22-1399 (8th Cir. Feb. 7, 2023), the Eight Circuit joins other circuits in holding that “allegations pled on information and belief are not categorically insufficient to state a claim for relief where the proof supporting the allegation is within the sole possession and control of the defendantContinue reading “Eighth Circuit Holds That Non-Conclusory Allegations “On Information And Belief” May Be Considered Among the Well-Pleaded Allegations of a Civil Complaint Under Twombly”
Tag Archives: Fed. R. Civ. P. 12(b)(6)
Seventh Circuit Affirms Dismissal of RICO Lawsuit Because It Would Require Intrusion on the “Motives of Individual State Legislators” in Passing a Utility Rate Hike, Citing the Rule of Fletcher v. Peck
In South Branch LLC v. Commonwealth Edison Co., No. 21-2861 (7th Cir. Aug. 22, 2022), a potentially massive Racketeer Influenced and Corrupt Organizations Act (RICO) civil case challenging corrupt influence in the Illinois General Assembly, ends at the pleading stage. The panel cites both the “filed rate doctrine” that precludes judicial review of utility ratesContinue reading “Seventh Circuit Affirms Dismissal of RICO Lawsuit Because It Would Require Intrusion on the “Motives of Individual State Legislators” in Passing a Utility Rate Hike, Citing the Rule of Fletcher v. Peck”
The Doctrine of Consular Nonreviewability Does Not Go to Subject-Matter Jurisdiction, Holds Eleventh Circuit
In Del Valle v. Secretary of State, No. 19-14889 (11th Cir. Oct. 26, 2021), the panel in an issue of first impression for the circuit holds that the doctrine of consular nonreviewability – by which a federal court declines to consider a challenge to a consular official’s denial of a visa, Kleindienst v. Mandel, 408Continue reading “The Doctrine of Consular Nonreviewability Does Not Go to Subject-Matter Jurisdiction, Holds Eleventh Circuit”
District Court Cannot Grant Rule 12(b)(6) Motion Solely Because It Struck Plaintiff’s Brief Under Rule 11(a), Holds Seventh Circuit
In Marcure v. Lynn, No. 19-2978 (7th Cir. Mar. 25, 2021), the panel addresses two unresolved issues in the circuit, holding that (1) the striking of unsigned briefs is mandatory under Fed. R. Civ. P. 11(a), but (2) even if a motion to dismiss for failure to state a claim under Fed. R. Civ. P.Continue reading “District Court Cannot Grant Rule 12(b)(6) Motion Solely Because It Struck Plaintiff’s Brief Under Rule 11(a), Holds Seventh Circuit”
D.C. Circuit Panel Splits Over Whether It Has Appellate Jurisdiction to Review Dismissal “Without Prejudice” That Gave Plaintiff Leave to Amend Within 14 Days
In North Am. Butterfly Assoc. v. Wolf, No. 19-5052 (D.C. Cir. Oct. 13, 2020), a 2-1 panel devotes 41 pages of its opinion (out of 69) to the question of whether it has power to review an ambiguous final judgment. The merits issue in the district court was whether construction of “a segment of theContinue reading “D.C. Circuit Panel Splits Over Whether It Has Appellate Jurisdiction to Review Dismissal “Without Prejudice” That Gave Plaintiff Leave to Amend Within 14 Days”
Dismissal of “All Claims … Without Prejudice” Is an Appealable Final Judgment, Holds Fifth Circuit
In Umbrella Investment Group, LLC, et al v. Wolters Kluwer Finan. Servs., Inc., No. 20-30078 (5th Cir. Aug. 26, 2020), the panel holds that it has appellate jurisdiction over the dismissal of “all claims … without prejudice” for failure to state a claim under Fed. R. Civ. P. 12(b)(6), by alleging fraud without the specificityContinue reading “Dismissal of “All Claims … Without Prejudice” Is an Appealable Final Judgment, Holds Fifth Circuit”
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