Motions to Dismiss


 * This article is part of a series on Litigation

Motions to Dismiss under Rule 12(b)(1)
Under Rule 12(b)(1) of the Federal Rules of Civil Procedure, a party may move to dismiss a case on the basis that the court lacks subject-matter jurisdiction.

In Cause of Action Institute v. Internal Revenue Service, the District Court for the District of Columbia rejected a 12(b)(1) motion to dismiss by the agency, which argued that "to the extent that such records exist, they are not ‘agency records’ subject to the FOIA’s disclosure requirements.” The Court held that the agency's argument "is one that pertains to the merits of CoA Institute’s FOIA claim, rather than this Court’s power to adjudicate the dispute and grant the requested relief, and the allegations of CoA Institute’s complaint are more than sufficient to satisfy the minimal pleading requirements that are applicable to the initial stage of FOIA litigation."

Motions to Dismiss under Rule 12(b)(6)

 * →Help wanted! Contribute to the FOIA Wiki by adding information in this section. Be sure to read the FOIA Wiki Policies before getting started, and remove this tag when you're done.