When you file a motion to dismiss, keep in mind that this is the only opportunity to get the case dismissed. So, it could turn out a win for the defendant or a major setback for the plaintiff. If your case gets dismissed, you get to avoid any further legal proceedings, including discovery and trail. However, how often are motions to dismiss granted? Though, there is no precise statistics out there, the outcome depends on various factors:

• Varying legal grounds
• Strength of the arguments
• Court’s Interpretation
• Case-specific Factors 

While many questions remain unanswered, new doubts arise.

Which is why, in this blog we will dive deeper into the topic. We plan on finding out the success rates of filing a Motion to Dismiss and the reason behind whether it gets granted or denied. 

Further down, we have given an example of Motion to Dismiss, Granted and Denied. Thus, without delaying any more, let’s jump into action!

Success Rates of Motions to Dismiss

In federal courts, motions to dismiss are granted at a modest but significant rate.

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For example, in 2022, a Federal Judicial Court report stated that approximately 20% – 25% of Rule 12(b)(6) Motions were fully granted and an added 10% to 15% were granted partially, often with leave to amend.

On the contrary, State courts show lower grant rates. This could be because of the difference between state procedural rules and judicial discretion. 

Also, the nature of the case can affect the likelihood of a Motion to Dismiss being granted:

• If the facts are well-pled, Construct disputes and Tort claims survive early dismissal.
• Consumer Protection and Securities Fraud Cases have higher dismissal rates due to the stricter pleading requirements (might exceed 40%).
• Lastly, Criminal cases usually always get denied unless there’s a clear procedural or jurisdictional issue. Motion to Dismiss are rare for such cases. 

Reasons Why Your Motion to Dismiss is Granted or Denied

Granted	Denied
Failure to State A Claim	Plausible Claim
Lack of Standing	Adequate Allegations
Legal Defect	No Legal Defects
Insufficient Evidence	Substantial Evidence
Jurisdiction Issues	Opportunity to Amend

Real-world Case Examples With Brief Outcomes

Motion to Dismiss GRANTED

Case: Ashcroft v. Iqbal, 556 U.S. 662 (2009)
Court: U.S. Supreme Court

Background:
Javaid Iqbal, a Pakistani Muslim, sued former U.S. Attorney General John Ashcroft and FBI Director Robert Mueller, alleging unconstitutional discrimination and harsh detention conditions post-9/11.

Motion to Dismiss:
The defendants filed a Rule 12(b)(6) motion to dismiss, arguing that Iqbal’s complaint lacked sufficient factual allegations to plausibly suggest personal involvement or discriminatory intent.

Outcome:
The Supreme Court granted the motion to dismiss, establishing the standard that a complaint must contain “sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.”

Why Granted:
Iqbal’s allegations were deemed conclusory and lacked specific facts tying Ashcroft and Mueller directly to the alleged misconduct.

Motion to Dismiss DENIED

Case: Apple Inc. v. Epic Games, Inc., No. 4:20-cv-05640 (N.D. Cal. 2020)
Court: U.S. District Court for the Northern District of California

Background:
Epic Games filed an antitrust lawsuit against Apple after being removed from the App Store for bypassing Apple’s in-app payment system.

Motion to Dismiss:
Apple filed a motion to dismiss Epic’s complaint, arguing that Epic failed to properly define a relevant market and didn’t show that Apple had monopoly power.

Outcome:
The court denied the motion to dismiss, allowing the case to proceed.

Why Denied:
The judge ruled that Epic’s allegations while yet to be proven were plausible and detailed enough under antitrust standards to warrant further litigation and discovery.

Plaintiff Strategies to Survive A Motion to Dismiss

.5. Be Aware of the “Twombly/Iqbal” Standard

The Supreme Court cases Twombly and Iqbal have set a higher bar for pleading standards. The complaint must now hold sufficient factual matter to state a claim that is plausible on its face. 

6. Consider the Court’s Perspective

Keep in mind that the court will analyze the allegations in the complaint in the light most favorable to the plaintiff. However, that doesn’t mean they will accept everything as true. 

7. Be Prepared to Amend

If the complaint is rejected, the plaintiff may be given an opportunity to amend the complaint, a chance to fix any problems and try again.

Attorney Perspective: Is It Worth Filing?

Let’s look at this from a defense attorney’s point of view.

Filing a motion to dismiss is a tactical way to challenge a lawsuit early. If it is timed right, it has the ability to eliminate weak claims, reduce litigation costs, and apply pressure on the opposing party to settle or clarify their arguments.

However, the decision to file a Motion to Dismiss isn’t always clear-cut.

Here’s a quick breakdown of strategic pros and cons:

Consideration	Pros	Cons
Legal Strategy	Can eliminate weak claims early	May tip off your defense strategy too soon
Cost Efficiency	Reduces costs by avoiding discovery	If denied, adds legal expenses without benefits
Court Impression	Shows aggressive defense posture	A failed motion may hurt credibility with the judge
Litigation Timeline	Can speed up dismissal	May delay proceedings if the court takes time to decide
Risk Management	Forces plaintiff to clarify vague claims	Could result in unfavorable rulings or lost defenses

An expert attorney evaluates not just the legitimacy of the motion, but also the overall context: the judge’s tendencies, case complexity, and overall litigation goals.

In many cases, a well-targeted motion can change the course of a lawsuit.

Whether you hire a virtual attorney or a local attorney, the key is to understand when it is the right moment to jump into action.

Notable Trends and Influencing Factors

When dealing with Complex Commercial Litigation, courts are more probable to grant Motion to Dismiss. However, plaintiffs must meet heightened pleading standards.

Class Action Lawsuits face a long battle when it comes to Motions to Dismiss. This is because of the complexity and specificity required in proclaiming class-wide harm.

Lastly, the authorities that strictly follow Twombly/Iqbal standards are said to have higher dismissal rates than other courts with much lenient interpretations.

Final Thoughts 

So, let’s summarize the information we have gathered from this blog.

We talked about the different success rates of Motions to Dismiss…

For instance, Federal Judicial courts are more likely to grant a Motion to Dismiss than State courts.

Also, the nature of the case can significantly affect the success rate of a Motion to Dismiss.

Then we compared why a Motion to Dismiss could get granted or denied, followed by real-world case examples of a Motion to Dismiss being Granted and Denied.

Then we presented a list on how to survive a Motion to Dismiss. Ending the blog with touching down on whether it’s worth filing in the attorney’s perspective and some notable trends when it comes to Motions to Dismiss. With that being said, you could get the help of legal process outsourcing before filing a Motion to Dismiss. Either way you need to hire an expert before taking the jump, if you want things to turn to your favor.