A Federal Rules of Civil Procedure Rule 12(b)(6) Simulated Ruling Using Atkinson v. Facebook et al. as the Basis for the Simulation

This essay simulates a Federal Rules of Civil Procedure Rule 12(b)(6) ruling by a federal court. The case that serves as the basis for this simulation is Atkinson v. Facebook et al. The simulated ruling is not the actual ruling, but a simulated ruling, demonstrating how the Willging criteria can be successfully employed when a federal court rules on a Rule 12(b)(6) motion. The methodology that is employed herein reviews the counts in Atkinson’s complaint, presuming that a Rule 12(b)(6) was filed for each count. Each ruling is divided into three parts. In the first part, a summary of the count is discussed. Second, the reasons why the count is not appropriate is described. Finally, the Willging criteria are employed, showing where the motion fits within the criteria. Finally, for each motion, the essay concludes whether the Rule 12(b)(6) motions should either be granted or rejected with or without prejudice.