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

摘要

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. The study compared motion activity in 23 federal district courts in 2006 and 2010 and included an as-sessment of the outcome of motions in orders that do not appear in the compute-rized legal reference systems such as Westlaw. Statistical models were used to control for such factors as differences in levels of motion activity in individual federal district courts and types of cases.