Failure to state a claim for which relief can be granted. xn--p1ai/y5stujqh/yes-or-no-questions-for-couples-spicy.

Smith, 2001 WI App 168, 247 Wis. Failure to state a claim allows the defendant to question the legality of a lawsuit. Moxee School Dist (1961) 58 Wn. Thorn and Diesel each moved, pursuant to Rule 12(b)(6), Ala. ] While this relief may eventually be appropriate, it was premature here and requires defendant file a motion for such relief as Rule 4:6-2(e) requires. Another action pending between the same parties for the same claim; 9. ­­-----(L. Paslay v. Stating a claim for relief is a synonym for stating a cause of action . A motion making any of these defenses shall be made before pleading if a further pleading is permitted. at 746, 563 A. — The objections of failure to state a claim upon which relief can be granted or to state a legal defense to a claim may be raised by motion when these objections appear on the face of the pleadings. 1 although, in fact, the federal rules have abolished the use of “demurrers” in federal Failure to State a Claim Upon Which Relief Can Be Granted “Failure to state a claim upon which relief can be granted” is an affirmative defense in Florida courts that implies that the plaintiff’s complaint does not contain sufficient factual allegations or legal basis to support a valid claim for relief. Exceptions. Proc. Failure to state a claim or defense, raised on motion, when. Plaintiff appeals from an order of the Court of Claims granting summary disposition in favor of defendant for plaintiff’s failure to state a claim upon which relief can be granted. ) May 1, 2024 · If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion must be treated as one for summary judgment and disposed of as provided in Rule56, and all parties must be given Sep 11, 2012 · (2) A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party indispensable under Code Section 9-11-19, and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under subsection (a) of Code Section 9-11-7, or by motion for judgment on the (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19. In a federal civil action, this defense is raised via a Federal Rule of Civil Procedure 12(b)(6) motion to dismiss. General Information for Complaints and Motions. Lack of capacity of a party to sue. at 555. Plaintiff's Motion to Dismiss Due to Failure to State a Claim Upon Which Relief Can be Granted 8 MOPRAC Rule 55. ” (See Printing Mart, supra, 116 N. (a) lack of jurisdiction over the subject matter, (b) lack of jurisdiction over the person, (c) improper venue, (d) insufficiency of process, (e) insufficiency of service of process, (f) failure to state a claim upon which relief can be granted, and (g) failure to join a party under Rule 19. The Rule 12(b)(6) test has been revised in recent years. at 749. 12(e). On a motion to dismiss for failure to state a claim for relief, the trial court and this court must construe the pleading liberally and draw every fair intendment in favor of the Jan 1, 2023 · Failure to state a claim upon which relief can be granted, to join a person required by subsection (b) of K. “Since sustaining the demurrer results in a denial of the pleader's claim or dismissal of his suit, a preliminary objection in the nature of a demurrer should be sustained only in cases that clearly and without a doubt fail to state a claim for which relief may be granted. Nov 28, 2007 · (6) Failure to state a claim upon which relief can be granted. 10. . Summary. 12(b)(6) provides that a party may assert a defense by motion for “failure to state a claim upon which relief can be granted. Sep 19, 2022 · IN THE SUPERIOR COURT OF GWINNETT COUNTY STATE OF GEORGIA STEPHEN DELSALTO, 111 Plaintiff, vs. III. L. (2) A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party indispensable under Rule 1-019 NMRA and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under Rule 1-007 NMRA, or by motion for judgment on the pleadings, or at the trial dismiss "pursuant to Fed. ” Failure to state a claim is a defense asserting that even if all the factual allegations in a complaint are true, they are insufficient to establish a cause of action and the case should therefore be dismissed. Motions in civil actions, hearing, Uniform Superior Court Rules, Rule 6. No. May 11, 2018 · After a hearing, the Superior Court of Cobb County granted the Department's motion to dismiss McConnell's complaint for failure to state a claim upon which relief can be granted. ” Fed. Rule 12(b) goes on to specifically enumerate “failure to state a claim upon which relief can be granted” as a defense that may be asserted by motion (6) Failure to state a claim upon which relief can be granted, (7) Failure to join a party under Rule 52. 353 § 62) Jun 4, 2024 · Failure to state a claim upon which relief can be granted, to join a person required by Rule 19 or 19. The Court rested its conclusions on two rules of law. , §§ 430. S. ” 2. 10, 438. Motion to Dismiss for Failure to State a Claim Defendant has moved to dismiss either for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Rules of the Court of Federal Claims (RCFC) or for failure to state a claim upon which relief can be granted pursuant to RCFC 12(b Apr 23, 2009 · Failure to state a claim upon which relief can be granted, to join a person required by Rule 19(b), or to state a legal defense to a claim may be raised in any pleading allowed or ordered under Rule 7(a); by a motion under Rule 12(c); or aAt trial. counterclaim for failure to state a claim upon which relief could be granted. 802. (a) The respondent , without waiving the right to offer evidence in the event that the motion is not granted, may move for a dismissal of the complaint on the ground that the complainant has failed to state a claim upon which relief can be granted. The district court construed the motion as a motion to dismiss for failure to state a claim upon which relief could be granted, NRCP 12(b)(5), and granted the motion. ) 1 Defendants move to dismiss the Complaint for failure to state a cause of action. It means that the claimant has failed to present sufficient facts which, if taken as true, would indicate that a violation of law had occurred or that the claimant was entitled to a legal remedy . 1007. When a district court grants a 12(b)(6) motion, this Court will review that decision de novo. 18-000144-MM. On December 9, 2020, Defendants filed a Motion to Dismiss the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Declaratory relief may be claimed in cases of actual controversy. A&B Irrigation Dist. Bell Atl. 9. 60-219, and amendments thereto, or to state a legal defense to a claim may be raised: (A) In any pleading allowed or ordered under subsection (a) of K. After a hearing, the trial court granted Thorn's motion to dismiss, but denied Diesel's motion to dismiss. Failure to join a party under Section 2019 of this title; 8. Failure to state a claim upon which relief can be granted is a defense to a legal claim. 2d 794 (2016), we affirmed. LEGAL STANDARD Under Federal Rule of Civil Procedure 12(b)(6), a motion to dismiss lies for “failure to state a claim upon which relief can be granted. 1943 p. Plaintiff, known as Cindy Gamrat during the times relevant to this case, was a member of the Michigan House of Representatives. A defense of statute of limitations, failure to state a claim upon which relief can be granted, and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under s. 2. 2d 933 (1970), our supreme court explained that this rule applies to a motion to dismiss for failure to state a claim that is supported by extra-pleading material. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. FRCP 12(h)(2). 6) On February 12, 2021, Defendants filed a reply. We affirm. (7) Failure to join a party under Rule 19; (8) Misnomer of a party; (9) Pendency of a prior action in a court of the Commonwealth; (10) Improper amount of damages in the Superior Court as set forth in G. No related posts found. , Civ. This template includes practical guidance and drafting notes. 149, 154-55 . 12. (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19. For the reasons that follow, we affirm. Civ. (3) Lack of Subject-Matter Jurisdiction. The function of a demurrer is to test the legal sufficiency of a Jan 1, 2022 · A defense of statute of limitations, failure to state a claim upon which relief can be granted, and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under s. 12(B)(6), failure to state a claim upon which relief can be granted, only after the parties are given notice of the court's intention to dismiss and an Rule 12(b)(6) provides that parties may assert by motion a defense based on “failure to state a claim upon which relief can be granted. On appeal, the Mains argue that the trial court erred in dismissing their complaint against the City because, in their complaint, they allege facts that invoke an exception to the political-subdivision immunity statute. v. STANDARD OF REVIEW {¶ 16} “[A] court may dismiss a complaint on its own motion pursuant to Civ. ) Definition. ” (Blackjack Bonding v When considering a Motion to Dismiss for Failure to State a Claim Upon which Relief May be Granted Pursuant to Federal Rules of Civil Procedure 12(b)(6) and 56(c), "the Court May Not consider facts outside the Record or must treat the Motion as a Motion for Summery Judgment and must inform a plaintiff who is proceeding Motion to Dismiss: Failure to State a Claim Standards Chart (8th Cir. The Amended Complaint moots the First Motion to . 12(b)(6). ) On January 22, 2021, Plaintiffs filed a response. ) Summary. These elements are required to survive a motion brought under Rule 12(b)(6) of the Federal Rules of Civil Procedure, which requests dismissal for failure to state a claim upon which relief can be granted. 60, 63. Attempting to file a lawsuit in which no claim for relief is present will result in the dismissal of that Jan 22, 2014 · Rule 12(b) states that “[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any (a) Defenses Not Waived. The defenses of lack of jurisdiction over the subject matter, failure to state a claim upon which relief can be granted, failure to join a party under Rule 2-211, and governmental immunity shall be determined before trial on application of any party, except that the court may defer the determination of the defense of failure to state a claim upon which relief can A “motion to dismiss for failure to state a claim upon which relief may be granted” is a procedural label used in federal court, not California court. [Ibid. In the occasional case where the plaintiff does not have valid claim, a trial can still be avoided by the use of discovery and either a motion to dismiss for failure to state a claim upon which relief can be granted (Rule 12(b)(6)), or a motion for summary judgment . 3d 878, 880 (2017) (citing Syringa Networks, LLC v. The individual’s lawsuit must have a “cause of action” if it isn’t clearly (6) that the pleading fails to state a claim upon which relief can be granted; (7) failure to join a necessary party. 1. (6) Failure to state a claim upon which relief can be granted, (7) Failure to join a necessary party. Although this rule neither expressly permits nor forbids courts to sua sponte dismiss complaints for failure to state a Failure to state a claim upon which relief can be granted, to join a person required by Rule 19 or 19. 300. , there was no basis for an intentional-interference claim. II. Its accompanying statement of reasons memorialized the court's view that the plaintiff's second amended complaint failed to state a plausible claim upon which relief could be granted. The state-court equivalents are a demurrer, or a motion for judgment on the pleadings. Apr 5, 2024 · A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party under Rule 2-211, an objection of failure to state a legal defense to a claim, and a defense of governmental immunity may be made in any pleading or by motion for summary judgment under Rule 2-501 or at the trial on the merits. " Id. Lack of capacity of a party to be sued; and. This standards chart provides the motion to dismiss standard for failure to state a claim upon which relief can be granted in the Eighth Circuit through case cites from key decisions, along with direct quotes from those cases. We also conclude, however, based on our de novo review, that the trial court had jurisdiction over Morgan despite the defective summons and the improper service. 04, (8) That plaintiff should furnish security for costs, (9) That there is another action pending between the same parties for the same cause in this state, (10) That several claims have been improperly united, dismiss a complaint for “failure to state a claim upon which relief can be granted. Walls, 599 F. Forms Rule 55. 353 § 62) § 68. [2] failure to state a claim upon which relief can be granted, failure to join a party under rule 19 Rule 12 (Motions to dismiss: A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any Failure to state a claim or defense, raised on motion, when. com A. 2010). 574, 468 P. Sep 11, 2012 · Form of motion to dismiss for failure to state claim upon which relief can be granted and for other grounds stated in subsection (b) of this section, § 9-11-119 . R. Chapter 509. ) “A motion to dismiss for failure to state a claim should not be granted unless it appears to a certainty that the plaintiff would be entitled to no relief under any state of facts which could be proved in support of his claim. In order to state a claim, Federal Rule of Civil Procedure 8(a)(2) requires “a short and Failure to state a claim for which relief may be granted. 5 pages) 8 Mo. ” (Allegheny Sportsmen's League v. 3d 749, 756 (7th Cir. 02(6) this means that the moving party must state in its motion why the plaintiff has failed to state a claim for which relief can be granted. 27(a) Form 6 (3d ed. (b) Preliminary Determination. R. (a) A party waives all defenses and objections which are not presented either by preliminary objection, answer or reply, except a defense which is not required to be pleaded under Rule 1030(b), the defense of failure to state a claim upon which relief can be Failure to state a claim upon which relief can be granted, to join a person required by Rule 19(b), or to state a legal defense to a claim may be raised: (A) in any pleading allowed or ordered under Rule 7(a); (B) by a motion under Rule 12(c); or (C) at trial. “An order granting an NRCP 12 (b) (5) motion to dismiss for failure to state a claim upon which relief can be granted faces a rigorous standard of review on appeal, as this court must construe the pleadings liberally and accept all factual allegations in the complaint as true. 2d 260, 633 N. A dismissal for the inability of the plaintiff to set forth a legal cause of action for which the court has the power to adjudicate or which the facts alleged do not meet a minimum threshold for the case to be successful even in a light favorable to the plaintiff. C. Dismiss. Fed. Ibid. ORDER The above-styled action came before the Court for hearing on Defendant’s Motion to Dismiss the Plaintiffs complaint for failure to state a claim upon which relief can b… 509. CIVIL ACTION NO. at 745. Rule 1032. for failure to state a claim upon which relief can be granted. 509. Aug 21, 2014 · requires the motion must state with particularity the grounds therefore and for the purposes of Tenn. 1, a defense of another action pending between the same parties for the same cause, or to state a legal defense to a claim may be raised: (A) in any pleading allowed or ordered under Rule 7(a); (B) by a motion under Rule 12(c); or (C) at trial. Dept. (See Doc. Waiver of Defenses. A. 10 Motion to dismiss for failure to state a claim upon which relief can be granted. (3) (b) 4. 2d 31. McConnell appealed, and, in McConnell v. the moving party is entitled to judgment as a matter of law. P. Failure to state a claim. If someone serves you with a lawsuit and it is hard to understand the reason for the lawsuit, then the defendant can submit a failure to state a claim. 6), on June 17, 2022 in response to, the prior filing of Defendants’ Motion toDismiss for Failure to State a Claim Upon Which Relief Can Be Granted on June 3, 2022 (Docket No. Defendant cannot informally make a motion to dismiss a complaint for failure to state a claim in a brief supporting its motion for reconsideration of a restoration order. Failure to state a claim upon which relief can be granted; 7. 12(b)(5) - insufficient service of process, Failure to State a Claim Upon Which Relief Can Be Granted(Docket No. _ Some people took the Court at its word, to mean that a case should be allowed to ORDERED: Defendants' Motion to Dismiss Amended Complaint for Failure to State a Claim upon which Relief can be Granted 15 is GRANTED-IN-PART and DENIED-IN-PART. , to dismiss Bethel's complaint for failure to state a claim upon which relief can be granted. 1 This timely appeal followed. In Conley v. Relief in the alternative or relief of several different types may be demanded. If not so made (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19. ” Twombly, 550 U. Apr 11, 2013 · complaint may be dismissed for failure to state a claim upon which relief can be granted. Jun 5, 2024 · Otherwise, a specific amount may not be stated, and the pleading must include allegations that show that the claim is within the jurisdiction of the court. federal notice pleading standard, a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. ” Similarly, Rule 56(b) and (c) entitle a defendant to summary judgment when, “there is no genuine issue as to any material fact and . (L. In his dissenting opinion, Judge Susano recognized See full list on legalmatch. Id. 2d 351, 360 n. See MCR 2. ” (See Strategic Development v. 4 II. 12(b)(6)" and had granted the motion on that understanding. First, a default judgment cannot be entered against a defendant when the complaint fails to state a cause of action. 457, 787 S. May 31, 2024 · (2) A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party indispensable under Rule 19, and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under Rule 7(a), or by motion for judgment on the pleadings, or at the trial on the merits. 2d 231, 00-0070. W. ” 2 Defendants mistakenly refer to Fed. J. Counts I and III of the Amended Complaint are dismissed. On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint— (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or Jan 26, 2014 · A brief excerpt from Quimbee's tutorial video on the concept of failure to state a claim upon which relief can be granted under Federal Rule of Civil Procedu failure to state a claim upon which relief can be granted. 12(b) (underlining added). of Labor, 337 Ga. Corp. May 7, 2024 · In the occasional case where the plaintiff does not have valid claim, a trial can still be avoided by the use of discovery and either a motion to dismiss for failure to state a claim upon which relief can be granted (Rule 12(b)(6)), or a motion for summary judgment (Rule 56). 01(1), or by a motion for judgment on the pleadings, or otherwise by motion within the time limits established in the Apr 25, 2014 · A claim for relief is a particular set of facts that one party puts forth in a pleading in court to establish that they have a right to recover against a defendant. One of the more common responsive pleadings is a motion to dismiss pursuant to Federal Rule of Civil Procedure 12 (b) (6) , which can be asserted by any party against whom a claim is asserted. Standard of Review and Burdens of Proof. P. A motion making any of these defense shall be made before pleading if further pleading is permitted. 4)(the “First Motion to Dismiss”). ) “A pleading must comply with Arizona Rule of Civil Procedure 8 and provide LC No. is the same standard applied in a normal civil case for failure to state a claim upon which relief can be granted. A motion under MCR 2. 605. A motion asserting any of these defenses must be made before pleading if a responsive pleading is allowed. In ruling on a motion to dismiss, the court takes all well-pleaded allegations of the complaint as true and views them in the light most favorable to the plaintiff. ) Apr 5, 2024 · The following defenses may be made by motion to dismiss filed before the answer, if an answer is required: (1) lack of jurisdiction over the subject matter, (2) failure to state a claim upon which relief can be granted, (3) failure to join a party under Rule 2-211, (4) discharge in bankruptcy, and (5) governmental immunity. {¶ 13} Under Civ. 12(B)(6), a defendant may move to dismiss a complaint for failure to state a claim upon which relief can be granted. at 45-46. Hagy (2009) 153 Wn. This template is a defendant's motion for summary disposition in a Michigan civil action, based on failure of the plaintiff's complaint to state a claim on which relief can be granted. 12(b)(6) requires the dismissal of a complaint when it, “fails to state a claim upon which relief can be granted. For the reasons stated below, the Court defers decision on the motion pending the outcome of a preliminary hearing it will con-duct pursuant to Federal Rule of on failure to state a claim upon which relief can be granted is denied. 7th Roosevelt (2010) 224 Ariz. Failure to state a claim is frequently raised as a defense in civil litigation. The appellant argues that the appellee’s personal inaction concerning the delivery of his outgoing and incoming mail, failure to discipline his employees for If, on a motion asserting the defense that the pleading fails to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to claim upon which relief can be granted. Failure to state a claim upon which relief can be granted, to join a person required by Rule 19(b), or to state a legal defense to a claim may be raised: (A) in any pleading allowed or ordered under Rule 7(a); (B) by a motion under Rule 12(c); or (C) at trial. ” 355 U. A case should be dismissed only if it is quite clear that under no circumstances can a plaintiff recover. Because it's one of the “12 (b)” defenses, a motion to dismiss for failure to state a claim may be raised by motion filed before an answer. ” I. 27(a) Form 6 Missouri Practice Series TM Civil Procedure Forms (Approx. Mar 23, 2016 · The Third District vacated the default and the final judgment and dismissed the complaint for failure to state a claim upon which relief may be granted. Rendell (2004) 580 Pa. 60-207 , and amendments thereto; 6. ” (See Sherwood v. More Definite Statement Federal Rule of Civil Procedure 12(e) provides for “a party to move for a more definite statement of a pleading” when the pleading is “so vague or ambiguous that the party cannot reasonably prepare a response. To survive a motion to dismiss, the plaintiff must allege facts that, if accepted as true, are sufficient to state a claim to relief that is plausible on its face. ”1 To a limited extent, the motion to dismiss for failure to state a claim serves a function similar to the common-law general demurrer1. The objections of failure to state a claim upon which relief can be granted or to state a legal defense to a claim may be raised by motion when these objections appear on the face of the pleadings. In some jurisdictions, such as California, the state a claim upon which relief can be granted. “A motion to dismiss a complaint under Rule 4:6-2 (e) for failure to state a claim upon which relief can be granted must be evaluated in light of the legal sufficiency of the facts alleged in the complaint. Plaintiff may file a second amended complaint which cures the deficiencies discussed in this Order by April 8, 2022. Prac. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any If, on a motion asserting the defense numbered (6) to dismiss for failure to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable granted if the plaintiff has “fail[ed] to state a claim upon which relief can be granted. E. State ex rel. Form of answer presenting defenses under subsection (b) of this section, § 9-11-120 . ; 24-A-948-2 NATALIE THORNTON Defendant. The trial court dismissed the complaint under Rule 4:6-2(e) for failure to state a claim upon which relief may be granted. (C) Form of Responsive Pleading. A motion making any of these defenses shall be made Any defendant to a complaint, counterclaim, or crossclaim may move to dismiss under Rule 12(b)(6) for “failure to state a claim upon which relief can be granted. Adell v. The consequences of failure to make such a motion shall be as provided in sections (g) and (h). 116 (C) (8) for summary disposition based on a failure to state a Defendants move pursuant to Federal Rule of Civil Procedure 12(b)(6) (“Rule 12(b)(6)”) to dismiss the amended complaint for failure to state a claim upon which relief can be granted. Santiago v. 41 (1957), the Supreme Court stated the interplay between Rule 8 (pleading) and Rule 12(b)(6) as (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party under Rule 19. Suggestion of Lack of Subject Matter Jurisdiction or Failure to Join Indispensable Party. 01 (1), or by a motion for judgment on the pleadings, or otherwise by motion within the time limits established in the 6. If a pleading sets out a claim for relief that does not require a responsive pleading, an opposing party may assert at trial any We conclude that the trial court properly addressed Morgan's motion and properly dismissed the action for failure to state a claim upon which relief can be granted. Parties’ Contentions . The trial court concluded that "absent an agreement that would obligate Sharp to continue doing business with Printing Mart . 218, §19. Apr 4, 2024 · If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given Stockton, 105 Ariz. Discussion A. 3. Twombly, Failure to State a Claim: Within a judicial forum, the failure to present sufficient facts which, if taken as true, would indicate that any violation of law occurred or that the claimant is entitled to a legal remedy. The appellant contends that the circuit court erred in granting the appellee’s motion to dismiss. Study with Quizlet and memorize flashcards containing terms like In analyzing a complaint for a motion to dismiss for failure to state a claim on which relief can be granted, a good target for attack is the, Affirmative defenses are, The federal rule of civil procedure that governs when an answer to a complain shall be served and more. Code of Civ. , 162 Idaho 866, 868, 406 P. Gibson, 355 U. App. A claim has facial plausibility when the plaintiff pleads factual content that allows the 4 The Conley standard was that “a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief. c. 212, §3 or in the District Court as set forth in G. 353 § 62) A Improper Venue B Failure to State a claim upon which relief can be granted C Insufficient Service of Process D Lack of PJ, If it is determined that an absentee's interest in the subject matter of the litigation would be affected by a judicial determination of a case, the court has personal jurisdiction over the absentee, and joining him would right to relief above the speculative level. Failure to state a claim upon which relief can be granted . 14. A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party under Rule 2-211, an objection of failure to state a legal defense to a claim, and a defense of governmental immunity may be made in any pleading or by motion for summary judgment under Rule 2-501 or at the trial on the merits. td rn rg fi is ub ht kg zz te