12(b)(6) motion
A motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6).
A 12(b)(6) motion is a federal-court motion that asks the judge to dismiss a complaint without taking evidence, on the ground that even if everything the plaintiff alleges is true, the complaint does not state a legal claim entitling the plaintiff to relief.
Under Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal, the standard is that the complaint must plead facts that make the claim "plausible on its face." Conclusory recitations of legal elements are not enough.
If granted, dismissal may be with or without prejudice. Without prejudice means the plaintiff can amend; with prejudice ends the case.
See the step-by-step guide to drafting a 12(b)(6) motion.