Topic

Motion to Dismiss

Every decision we've filed under Motion to Dismiss.

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Civil 3399 Criminal 1956 Summary Judgment 806 Sentencing Guidelines 718 Civil Rights - Section 1983 647 Immigration (Civil) 646 Constitutional 536 Supervised Release 473 Drug Trafficking 443 Civil Rights - Employment 367 Firearms 319 Qualified Immunity 251
Apr 30 2026
4th Cir. 25-2317 Per Curiam

SAMUEL K. REID, SR v. PENNYMAC LOAN SERVICES, LLC; SAMUEL I. WHITE, P.C

The Fourth Circuit affirmed the district court's dismissal of a pro se borrower's complaint but modified the order to dismiss without prejudice. The court held that dismissals based on the Rooker-Feldman doctrine, which addresses subject matter jurisdiction defects, must be without prejudice because a court lacking jurisdiction cannot adjudicate claims on the merits.

Civil Contract Motion to Dismiss
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Apr 7 2026
11th Cir. 3:21-cv-01062-TJC-MCR Per Curiam

Michael V. Smith v. Pepsi Bottling Group, et al.

The Eleventh Circuit vacated the district court's dismissal of a pro se plaintiff's Title VII discrimination and retaliation claims. The appellate court held that the amended complaint related back to the original filing and that the district court applied the wrong legal standard by requiring a prima facie case at the motion to dismiss stage.

Civil Civil Rights - Employment Motion to Dismiss
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Mar 23 2026
11th Cir. 1:24-cv-00109-JRH-BKE Per Curiam

Denhardt v. Wells Fargo Bank N.A.

The Eleventh Circuit affirmed the district court's dismissal of a plaintiff's claims for excess funds from a tax sale, holding that a security deed holder is entitled to those funds under Georgia law. The court determined that statutory language explicitly designates security deed owners as 'owners' eligible for distribution before other claimants.

Civil Contract Motion to Dismiss Real Property
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Mar 23 2026
11th Cir. 1:24-cv-21356-KMW Per Curiam

Solis v. Citibank, N.A.

The Eleventh Circuit affirmed the dismissal of a pro se consumer protection lawsuit, ruling that the complaint was an impermissible shotgun pleading. The court further held that the plaintiffs' claims were barred by res judicata under Florida law despite the timing of the underlying state foreclosure judgment.

Civil Consumer Protection Motion to Dismiss Res Judicata
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Mar 20 2026
6th Cir. 24-3403 Published

United States v. Hostettler

The Sixth Circuit vacated a district court's dismissal of a felon-in-possession indictment because the lower court applied an incorrect legal standard for Second Amendment challenges. The appellate court instructed the district court to reconsider the motion under the current framework established in United States v. Williams.

Criminal Firearms Motion to Dismiss
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Mar 20 2026
3rd Cir. 26-1019 Panel Decision

In re SHARISSE JUANITA FILUS, as Trustee and/or Beneficiary of the SJF Living Revocable Trust

The Third Circuit denied in part and dismissed in part a pro se petition for a writ of mandamus filed by Sharisse Filus seeking to intervene in her underlying civil action against Fidelity Investments. The court determined that the District Court's procedural rulings, including the denial of Filus's motions to strike the defendant's answer and impose sanctions, were not appropriate subjects for mandamus relief.

Civil Motion to Dismiss Tax (Civil)
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Mar 19 2026
10th Cir. 5:25-CV-01204-JD Panel Decision

KHAI NGUYEN v. PAMELA BONDI; TODD M. LYONS; MARCOS CHARLES; MARK SIEGEL; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT; U.S. DEPARTMENT OF HOMELAND SECURITY; SCARLET GRANT; KRISTI NOEM

The United States Court of Appeals for the Tenth Circuit granted an unopposed motion to dismiss filed by the petitioner-appellant. The court ordered that each party shall bear its own costs in this immigration-related appeal.

Civil Immigration (Civil) Motion to Dismiss
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