Legal conclusions alone do not constitute a valid claim because a court is not required to accept unwarranted factual inferences (holding).
An employee sued her employer for permanent injuries sustained after being shot by an intruder, alleging the employer's failure to provide security constituted an intentional tort. The court considered whether the Michigan Workers' Disability Compensation Act's exclusive remedy provision barred the action. Although the complaint alleged the employer knew of the risk due to prior robberies, the court held that mere knowledge of a risk is not equivalent to the intent to cause injury. Because the allegations did not establish that the injury was certain or substantially certain to occur, the claim amounted to at most gross negligence rather than an intentional tort.
At page 12 Distinguishing legal conclusions from warranted factual inferences795 citing cases“need not accept as true legal conclusions or unwarranted factual inferences.”
- Slone v. DeWine, No. 2:22-cv-00144 (S.D. Ohio Apr. 28, 2022).([W]e need not accept as true legal conclusions or unwarranted factual inferences.)
- Susan Beiersdorfer v. Frank LaRose, No. 20-3557, 2021 WL 3702211 (6th Cir. Aug. 20, 2021).unpublished([W]e need not accept as true legal conclusions or unwarranted factual inferences.)
- Frye, No. 3:25-cv-00078 (E.D. Tenn. May 29, 2026).Montgomery v. Huntington Bank, 346 F.3d 693, 698 (6th Cir. 2003) (quoting Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987)).
- Swallen, No. 5:25-cv-02039 (N.D. Ohio May 7, 2026).The district court, however, “need not accept as true legal conclusions or unwarranted factual inferences.” Mixon v. Ohio, 193 F.3d 389, 400 (6th Cir. 1999) (citing Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987)).
- Hurt, No. 1:25-cv-02722 (N.D. Ohio May 1, 2026).In re Sofamor Danek Group, Inc., 123 F.3d 394 , 400 (6th Cir. 1997) (citing Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987)).
- Anthony, No. 5:25-cv-02437 (N.D. Ohio Apr. 20, 2026).The district court, however, “need not accept as true legal conclusions or unwarranted factual inferences.” Mixon v. Ohio, 193 F.3d 389, 400 (6th Cir. 1999) (citing Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987)).
- Wilson, No. 3:25-cv-00430 (E.D. Tenn. Apr. 7, 2026).Montgomery v. Huntington Bank, 346 F.3d 693, 698 (6th Cir. 2003) (quoting Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987)).
- Cook, No. 3:25-cv-00074 (E.D. Tenn. Mar. 26, 2026).Montgomery v. Huntington Bank, 346 F.3d 693, 698 (6th Cir. 2003) (quoting Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987)). “‘A legal conclusion couched as a factual allegation’ need not be accepted as true on a motion to…
- Irwin, No. 3:24-cv-00125 (E.D. Tenn. Mar. 25, 2026).Montgomery v. Huntington Bank, 346 F.3d 693, 698 (6th Cir. 2003) (quoting Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987)). “‘A legal conclusion couched as a factual allegation’ need not be accepted as true on a motion to…
- City of Gallatin v. Gallatin Data Centers, LLC; Gallatin Data Centers, LLC & Phoenix Data Ctr. Holdings, LLC v. City of Gallatin & Gallatin Dep't of Elec., No. 3:24-cv-00868 (M.D. Tenn. Mar. 24, 2026).However, the Court “need not accept as true legal conclusions or unwarranted factual inferences.” Mixon v. Ohio, 193 F.3d 389, 400 (6th Cir. 1999) (citing Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987)).
Show 25 more citing cases
- Holliday, No. 1:25-cv-00391 (W.D. Mich. Feb. 18, 2026).Morgan v. Church’s Fried Chicken, 3 829 F.2d 10, 12 (6th Cir. 1987).
- Ruiz, No. 1:24-cv-01176 (W.D. Mich. Feb. 10, 2026).Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987).
- Freeman, No. 3:24-cv-00246 (S.D. Ohio Jan. 12, 2026).Id. at 555 ; Morgan v. Church’s Fried Chicken, 829 F. 2d 10, 12 (6th Cir. 1987); See also Ashcroft v. Iqbal, 556 U.S. 662 (2009).
- Walker, No. 1:25-cv-00799 (W.D. Mich. Jan. 2, 2026).Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987).
- Hulley, No. 1:25-cv-00626 (W.D. Mich. Dec. 29, 2025).Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987).
- Toler, No. 3:25-cv-02266 (N.D. Ohio Dec. 29, 2025).Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987).
- Pounds, No. 1:25-cv-00679 (W.D. Mich. Nov. 24, 2025).Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987).
- Chan, No. 1:25-cv-01136 (W.D. Mich. Sept. 29, 2025).Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987).
- McDowell v. Foothills Brokerage, Inc., No. 3:24-cv-00473 (E.D. Tenn. Sept. 12, 2025).Montgomery v. Huntington Bank, 346 F.3d 693, 698 (6th Cir. 2003) (quoting Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987)).
- Crawford v. Cmty. Health Sys., Inc., No. 3:24-cv-00382 (E.D. Tenn. Aug. 29, 2025).Montgomery v. Huntington Bank, 346 F.3d 693, 698 (6th Cir. 2003) (quoting Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987)). “‘A legal conclusion couched as a factual allegation’ need not be accepted as true on a motion to…
- Bates-Smith v. Brown, No. 1:25-cv-01138 (N.D. Ohio Aug. 20, 2025).Corp. of Am., 257 F.3d 508 , 511 (6th Cir.2001); Lillard v. Shelby County Bd. of Educ., 76 F.3d 716 , 726 (6th Cir.1996); Morgan v. Church's Fried Chicken, 829 F.2d 10, 12 (6th Cir.1987); Chapman v. City of Detroit, 808 F.2d 459, 465 (6th…
- Souare v. Hill, No. 5:25-cv-01152 (N.D. Ohio Aug. 15, 2025).The court, however, “need not accept as true legal conclusions or unwarranted factual inferences.” Mixon v. Ohio, 193 F.3d 389, 400 (6th Cir. 1999) (citing Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987)).
- Curran, III v. Fronabarger, No. 1:23-cv-01064 (W.D. Tenn. Aug. 6, 2025).The Court, however, “need not accept as true legal conclusions or unwarranted factual inferences.” Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987).
- Davis v. Heaton, No. 1:24-cv-01050 (W.D. Mich. July 30, 2025).Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987).
- Easterday v. Robinson, No. 3:24-cv-00380 (E.D. Tenn. July 28, 2025).Montgomery v. Huntington Bank, 346 F.3d 693, 698 (6th Cir. 2003) (quoting Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987)).
- Travis 694673 v. Whitmer, No. 1:23-cv-00830 (W.D. Mich. July 28, 2025).Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987).
- Charter Cent., LLC v. QBE Ins. Corp., No. 3:24-cv-00423 (E.D. Tenn. July 18, 2025).Montgomery v. Huntington Bank, 346 F.3d 693, 698 (6th Cir. 2003) (quoting Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987)). “‘A legal conclusion couched as a factual allegation’ need not be accepted as true on a motion to…
- Wyley v. Cuyahoga Cnty., No. 1:25-cv-00230 (N.D. Ohio June 4, 2025).(legal conclusions alone are not enough to present a valid claim, and court is not required to accept unwarranted factual inferences)
- Zank Payment Processing, Inc. v. Custom Payment Consulting, Inc., No. 3:24-cv-00314 (E.D. Tenn. May 28, 2025).Montgomery v. Huntington Bank, 346 F.3d 693, 698 (6th Cir. 2003) (quoting Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987)).
- Pilkey v. 21st Mortg. Corp., No. 3:24-cv-00419 (E.D. Tenn. May 21, 2025).Montgomery v. Huntington Bank, 346 F.3d 693, 698 (6th Cir. 2003) (quoting Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987)).
- VanLeer v. Detroit Police Dep't, No. 2:25-cv-11425 (E.D. Mich. May 15, 2025).Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987).
- DG Smoky, LLC v. Aunt Bug's Cabin Rentals, LLC, No. 3:24-cv-00364 (E.D. Tenn. May 13, 2025).Montgomery v. Huntington Bank, 346 F.3d 693, 698 (6th Cir. 2003) (quoting Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987)).
- Haver v. Davison Invention, No. 1:25-cv-00427 (W.D. Mich. Apr. 28, 2025).Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987).
- SoCal Powersports Inc. v. Timken Co., No. 5:24-cv-02085 (N.D. Ohio Apr. 28, 2025).In re Sofamor Danek Group, Inc., 123 F.3d 394 , 400 (6th Cir. 1997) (citing Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987)).
- VanLeer v. Detroit Police Dep't, No. 1:25-cv-00289 (W.D. Mich. Apr. 22, 2025).Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir. 1987).
At page 11 Applying rule 12(b)(6) standard to rule 12(c) motions132 citing casesWhere the Rule 12(b)(6) defense is raised by a Rule 12(c) motion for judgment on the pleadings, we must apply the standard for a Rule 12(b)(6) motion
- Killoran, No. 2:25-cv-00344 (S.D. Ohio Feb. 6, 2026).(Where the Rule 12(b)(6) defense is raised by a Rule 12(c) motion for judgment on the pleadings, we must apply the standard for a Rule 12(b)(6) motion)
- State of Ohio, ex rel Ohio Attorney Gen. Dave Yost v. Jones, No. 2:22-cv-02700 (S.D. Ohio Sept. 29, 2025).(Where the Rule 12(b)(6) defense is raised by a Rule 12(c) motion for judgment on the pleadings, we must apply the standard for a Rule 12(b)(6) motion.)
- Aarnes v. Ohio State Univ., No. 2:24-cv-02146 (S.D. Ohio Sept. 25, 2025).(Where the Rule 12(b)(6) defense is raised by a Rule 12(c) motion for judgment on the pleadings, we must apply the standard for a Rule 12(b)(6) motion.)
- Woods v. Aramark Corr. Servs., No. 2:22-cv-04420 (S.D. Ohio Mar. 14, 2025).(Where the Rule 12(b)(6) defense is raised by a Rule 12(c) motion for judgment on the pleadings, we must apply the standard for a Rule 12(b)(6) motion)
- Burke v. Aramark Corr. Servs., No. 2:22-cv-04421 (S.D. Ohio Mar. 14, 2025).(Where the Rule 12(b)(6) defense is raised by a Rule 12(c) motion for judgment on the pleadings, we must apply the standard for a Rule 12(b)(6) motion)
- Bold Home Prods., LLC v. CarbonKlean, LLC, No. 2:20-cv-04020 (S.D. Ohio May 4, 2022).(Where the Rule 12(b)(6) defense is raised by a Rule 12(c) motion for judgment on the pleadings, we must apply the standard for a Rule 12(b)(6) motion)
- Ames v. State of Ohio Dep't of Youth Servs., No. 2:20-cv-05935 (S.D. Ohio Mar. 29, 2022).(Where the Rule 12(b)(6) defense is raised by a Rule 12(c) motion for judgment on the pleadings, we must apply the standard for a Rule 12(b)(6) motion)
- Cadence Bank v. Hurl, No. 2:20-cv-06403 (S.D. Ohio Mar. 14, 2022).(Where the Rule 12(b)(6) defense is raised by a Rule 12(c) motion for judgment on the pleadings, we must apply the standard for a Rule 12(b)(6) motion)
- O'Dell v. Sun Life Assurance Co. of Canada, No. 2:20-cv-02098 (S.D. Ohio Feb. 3, 2021).(Where the Rule 12(b)(6) defense is raised by a Rule 12(c) motion for judgment on the pleadings, we must apply the standard for a Rule 12(b)(6) motion)
- Vantage Logistics LLC v. Deware Nurseries, Inc., No. 2:19-cv-05400 (S.D. Ohio Nov. 3, 2020).(Where the Rule 12(b)(6) defense is raised by a Rule 12(c) motion for judgment on the pleadings, we must apply the standard for a Rule 12(b)(6) motion)
Show 5 more citing cases
- Flippen, No. 3:25-cv-00617 (M.D. Tenn. Mar. 20, 2026).Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Morgan v. Church’s Fried Chicken, 829 F.2d 10, 11-12 (6th Cir. 1987).
- Vaughn, No. 3:25-cv-00196 (S.D. Ohio Feb. 18, 2026).Ohio 2003); Morgan v. Church’s Fried Chicken, 829 F.2d 10, 11 (6th Cir. 1987).
- Binz, No. 5:25-cv-00101 (E.D. Ky. Jan. 20, 2026).Ky. 2020), because “a motion for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) is reviewed under the same standard as a motion to dismiss for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6),”…
- McManus & Assocs., LLC v. Centerville Ohio City of, No. 3:25-cv-00035 (S.D. Ohio Aug. 19, 2025).Ohio June 26, 2003); Morgan v. Church’s Fried Chicken, 829 F.2d 10, 11 (6th Cir. 1987).
- Johnson v. Lampley, No. 3:24-cv-01304 (M.D. Tenn. July 17, 2025).Morgan v. Church’s Fried Chicken, 829 F.2d 10, 11-12 (6th Cir. 1987).
v.
CHURCH’S FRIED CHICKEN, Defendant-Appellee
Plaintiff-appellant Carolyn Morgan appeals from the district court’s entry of judgment on the pleadings in favor of defendant-appellee Church’s Fried Chicken, Inc. in this diversity action alleging that plaintiff was shot by an intruder and rendered permanently disabled as the result of defendant’s failure to maintain adequate security for its employees. The principal issue presented is whether plaintiff’s action is barred by the exclusive remedy provision of the Michigan Workers’ Disability Compensation Act (“the Act”), Mich.Comp.Laws Ann. § 418.131, which precludes an employee’s action against his employer where the employee’s injury resulted from the employer’s negligent rather than intentional misconduct. Because we agree with the district court that plaintiff’s claim does not constitute an intentional tort, we affirm.
I.
Plaintiff alleged in her complaint [1] that “while in the course of her employment on the premises of Church’s, [she] was caused to be permanently, painfully and severely injured when she was shot by an intruder.” Further, plaintiff alleged that her “injuries resulted, in whole or in part, from [defendant's deliberate act in not erecting a bullet proof shield for its employees [and] from [defendant's deliberate act in not posting a security guard on its premises to protect its employees.” Finally, plaintiff alleged that defendant’s actions were intentional because defendant “had knowledge of the unsafe conditions of its premises and the potential risk of injury or harm to [plaintiff ... since the restaurant where [p]lain-tiff was employed had been robbed approximately six (6) times before in the same fashion.”
After filing its answer, defendant filed a motion “for a judgment on the pleadings pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief may be granted.” Defendant urged that plaintiff’s action was precluded by the Act because the facts alleged constituted, at most, gross negligence. The district court held that plaintiff’s action was barred by the Act, reasoning that “[t]here is no allegation, sufficient allegation as a matter of law, of intentional infliction of emotional distress, and no other intentional tort can be derived from the pleadings.”
II.
A. Standard of Review
Plaintiff argues that the district court erred by granting defendant’s motion for judgment on the pleadings because her complaint contained sufficient allegations of intentional misconduct to avoid the exclusive remedy provision of the Act. While defendant styled its motion as one for a judgment on the pleadings, defendant asked for relief “pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief may be granted.” Rule 12(h)(2) provides that the Rule 12(b)(6) defense of failure to state a claim upon which relief may be granted can be raised after an answer has been filed by motion for judgment on the pleadings pursuant to Rule 12(c). Where the Rule 12(b)(6) defense is raised by a Rule 12(c) motion for judgment on the pleadings, we must apply the standard for a Rule 12(b)(6) motion in reviewing the district court’s decision. See Republic Steel Corp. v. Pennsylvania Engineering Corp., 785 F.2d 174, 182 (7th Cir.1986); Ryder Energy Distribution Corp. v. Merrill Lynch Commodities, Inc., 748 F.2d 774, 778 n. 3 (2d Cir.1984); Maggette v. Dalsheim, 709 F.2d 800, 801 (2d Cir.1983); George C. Frey Ready-Mixed Concrete, Inc. v. Pine Hill Concrete Mix Corp., 554 F.2d 551, 553 (2d Cir.1977); see generally 5 C. Wright & A. Miller, Federal Practice and Procedure § 1367, at 688-89 (1969).
[*12] Under Rule 12(b)(6), [2] a complaint may be dismissed “only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.” Hishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 2232, 81 L.Ed.2d 59 (1984) (citing Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957)); see also Davis H. Elliot Co. v. Caribbean Utilities Co., 513 F.2d 1176, 1182 (6th Cir.1975). The complaint must be construed in the light most favorable to plaintiff, and its well-pleaded facts must be accepted as true. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90 (1974); see also West-lake v. Lucas, 537 F.2d 857, 858 (6th Cir. 1976). However, we need not accept as true legal conclusions or unwarranted factual inferences. See Westlake, 537 F.2d at 858; Davis H. Elliot, 513 F.2d at 1182; Blackburn v. Fisk University, 443 F.2d 121, 124 (6th Cir.1971).
B. Exclusive Remedy
The Act’s exclusive remedy provision “does not bar an employee’s intentional tort action against the employer.” Beauchamp v. Dow Chemical Co., 427 Mich. 1, 11, 398 N.W.2d 882, 886 (1986). “An intentional tort ‘is not ... limited to consequences which are desired. If the actor knows that the consequences are certain, or substantially certain, to result from his act, and still goes ahead, he is treated by the law as if he had in fact desired to produce the result.’ ” Beauchamp, 427 Mich, at 21-22, 398 N.W.2d at 891-92 (quoting Bazley v. Tortorich, 397 So.2d 475, 482 (La.1981)). However, “[a] mere knowledge and appreciation of the risk involved in an act is not the same as the intent to cause an injury.” Boyer v. Louisville Ladder Co., 157 Mich.App. 716, 403 N.W.2d 210, 211 (1987). “The defendant who acts in the belief or consciousness that the act is causing an appreciable risk of harm to another may be negligent, and if the risk is great the conduct may be characterized as reckless or wanton but it is not an intentional wrong.” W Keeton & W. Prosser, The Law of Torts § 8, at 36 (5th ed. 1984) (footnote omitted).
While the line between intent and negligence is difficult to draw in the present case, we conclude that plaintiff’s claim amounts to, at most, gross negligence. The allegation that plaintiff’s place of employment had been robbed on six previous occasions might be sufficient to support a finding that plaintiff’s injury was likely to occur absent additional safety precautions, but this allegation is simply not sufficient to support a finding that plaintiff’s injury was certain or substantially certain to occur. Plaintiff's claim that she was injured as the result of her employer’s “failure to provide safe working conditions is essentially a claim that [she] was injured by the employer’s negligence.” Boyer, 157 Mich.App. at 719, 403 N.W.2d at 211.
III.
Accordingly, the judgment of the district court is AFFIRMED.
. Plaintiff’s complaint was initially filed in a Michigan state court. Defendant, however, filed in the district court a petition for removal based upon diversity of citizenship.
. We must deny plaintiffs request to supplement the record to include a newspaper article and police report that were not filed in the district court and strike plaintifPs references to these materials because a Rule 12(b)(6) motion is addressed to the face of the pleading. See Carter v. Stanton, 405 U.S. 669, 671, 92 S.Ct. 1232, 1234, 31 L.Ed.2d 569 (1972) (per curiam). We must also deny defendant’s request that plaintifPs references to these materials be sanctioned under Rule 11 since Rule 11 is not applicable in this court. See International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, Local 283 v. Scofield, 382 U.S. 205, 216 n. 10, 86 S.Ct. 373, 381 n. 10, 15 L.Ed.2d 272 (1965).