Motion to Dismiss For Failure to State a Claim in Maine

“The court shall dismiss a civil action when the complaint fails to state a claim upon which relief can be granted." (See M.R. Civ. P. 12(b)(6); City of Lewiston v. Androscoggin Cnty., SUPERIOR COURT CIVIL ACTION No. AUBSC-CV-15-118, at *1 (Me. Super. Mar. 18, 2016).)

“A motion to dismiss for failure to state a claim tests the legal sufficiency of a complaint. The sufficiency of a complaint is a question of law.” (See id; State v. Weinschenk (2005) ME 28, ¶10, 868 A.2d 200; Bean v. Cummings (2008) 939 A.2d 676.)

“On a motion to dismiss for failure to state a claim, the facts are not adjudicated. The court reviews the material allegations in the complaint in the light most favorable to the plaintiff to determine whether the plaintiff would be entitled to relief pursuant to some legal theory. Dismissal is warranted when it appears beyond a doubt that the plaintiff is not entitled to relief under any set of facts that the plaintiff might prove in support of his or her claim.” (See City of Lewiston v. Androscoggin Cnty., SUPERIOR COURT CIVIL ACTION No. AUBSC-CV-15-118, at *1 (Me. Super. Mar. 18, 2016); Marshall v. Town of Dexter (2015) ME 135, ¶ 2, 125 A.3d 1141; Bean v. Cummings (2008) 939 A.2d 676.)

“Normally on a motion to dismiss for failure to state a claim, only the facts alleged in the complaint are considered by the court. If the court considers material outside of the pleading, the court must convert the motion to dismiss into a motion for summary judgment under Rule 56. M.R. Civ. P. 12(b). However, in limited circumstances, the court may consider certain extraneous documents without converting a motion to dismiss to one for a summary judgment.” (See id; Moody v. State Liquor & Lottery Comm'n (2004) ME 20, ¶ 8, 843 A.2d 43.)

“The court may consider official public documents, documents that are central to the plaintiffs claims, and documents referred to in the complaint, without converting a motion to dismiss into a motion for a summary judgment when the authenticity of such documents is not challenged." (See id.)

Rules for Filing a Motion to Dismiss for Failure to State a Claim

Rule 12 of the Maine Rules of Civil Procedure governs motions to dismiss for lack of personal jurisdiction.

“Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion… (2) lack of jurisdiction over the person.” (See Me. R. Civ. P. 12(b)(2).)

“A motion making any of these defenses shall be made before pleading if a further pleading is permitted.” (See Lowe v. SRT Custom Bldg., No. BCD-CIV-2021-00048, at *2 (Me. Super. Apr. 12, 2022).)

“A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party indispensable under Rule 19, and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under Rule 7(a), or by a motion for judgment on the pleadings, or at the trial on the merits.” (See Me. R. Civ. P. 12(h)(2).)

Standard of Review in Deciding a Motion to Dismiss for Failure to State a Claim

“The legal sufficiency of a complaint challenged by a motion to dismiss is a question of law subject to de novo review by this Court." (See Persson v. Dep't of Human Servs. (2001) ME 124, ¶ 8, 775 A.2d 363, 365; Hathaway v. City of Portland (2004) 845 A.2d 1168, 1171.)

“We review the court's grant of a motion to dismiss de novo for errors of law." (See Hathaway v. City of Portland (2004) ME 47, ¶ 9, 845 A.2d 1168; Lawson v. Willis (2019) 204 A.3d 133, 135.)

Legal Precedents and Case Law on a Motion to Dismiss for Failure to State a Claim

It is well settled that “a complaint that fails to state a claim upon which relief can be granted is subject to a motion to dismiss. In considering a Rule 12(b)(6) motion, the court accepts the averments in the complaint as true. In order to survive a motion to dismiss, a complaint must aver either the necessary elements of a cause of action or facts which would entitle a plaintiff to relief upon some theory." (See Seaward v. Coastal Lawn Care, Inc., SUPERIOR COURT Civil Action No. CV-16-178, at *2-3 (Me. Super. Dec. 28, 2016); Macomber v. Dillman (1986) 505 A.2d 810, 812-13; M.R. Civ. P. 12(b)(6).)

Stated differently, “the court reviews the material allegations in the complaint in the light most favorable to the plaintiff to determine whether the plaintiff would be entitled to relief pursuant to some legal theory. Dismissal is warranted only when it appears beyond a doubt that the plaintiff is not entitled to relief under any set of facts that the plaintiff might prove in support of his or her claim.” (See State v. Ingalls, SUPERIOR COURT Docket No.: CV-15-497, at *1 (Me. Super. Mar. 17, 2016); Bean v. Cummings (2008) 939 A.2d 676.)