Failure to state a claim

A failure-to-state-a-claim motion, often called a 12(b)(6) motion in federal court, tests the legal sufficiency of the complaint. The judge accepts the factual allegations as true for the moment and asks whether they add up to a valid legal claim. If they do not, the case is dismissed without ever looking at evidence. This motion is one of the most common ways defendants try to end a lawsuit early. A dismissal can be with or without permission to fix the complaint and try again.