motion to dismiss, filed by defendant

Motion to dismiss, which means defendant attorney ask the court to dismiss the case for various reasons. A motion to dismiss pursuant to Rule 12(b)(6) test the legal sufficiency of the claims asserted in the complaint. Fed. R. Civ. P. 12(b)(6) permits dismissal of a claim when the claim lacks a cognizable legal theory or there are insufficient facts alleged to support plaintiff's theory. In deciding a motion to dismiss for failures to state a claim, the court's review is limited to the contents of the complaint.