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Motion to Dismiss

137 published works

  1. Commercial Case Notes

    Money Had and Received Claim Survives Motion to Dismiss

    By John Lundin

    On October 27, 2026, the First Department issued a decision in Hyposwiss Private Bank Genève SA v. JLRE4 LLC, 2026 NY Slip Op. 06247, holding that a plaintiff adequately had…

  2. Drug & Device Law

    Pleading Around Obvious Defenses

    By Eric Alexander

    The now well-known requirement from the TwIqbal cases that a complaint contains factual allegations that establish that relief is plausible derives from Rule 8(a)(2) requirement that each pleading contain “a…

  3. Microjuris Blog

    Supremo revoca a tribunales por evaluación de la prueba en una moción de desestimación

    By Ed. Microjuris.com Puerto Rico

    El Tribunal Supremo de Puerto Rico revocó a los foros inferiores al reiterar que, al evaluar una moción de desestimación, los tribunales no pueden ponderar prueba, sino limitarse a las…

  4. Paul W. Mollica Federal Courts Blog

    District Court May Not Grant Fed. R. Civ. P. 12(b)(6) Motion Solely Because Plaintiff Failed to Oppose It, Holds Fourth Circuit

    By Paul W. Mollica

    In Guzman v. Acuarius Night Club LLC, No. 24-1555 (4th Cir. Feb. 13, 2026), the Fourth Circuit holds that “failing to oppose a Fed. R. Civ. P. 12(b)(6) motion is…

  5. Construction Law Musings

    Yet Another Reminder That Pleading Matters

    By Christopher G. Hill

    Originally posted 2013-07-15 11:10:04. English: Big Stone Gap, Virginia U.S. Post Office and Courthouse (n.d., ca. 1913) . (Photo credit: Wikipedia) As anyone who has practiced construction law for any…

  6. Zalma on Insurance

    Unopposed Motion to Dismiss is Deemed Confessed

    By Barry Zalma

    Act as Your Own Lawyer and Failure is Almost Certain No Suit Can be Maintained if Claims are Facially Implausible Post 5152 See the full video at https://rumble.com/v6wh7mo-its-not-nice-to-lie-to-your-workers-compensation-insurer.html?e9s=src_v1_s%2Csrc_v1_s_m and at…

  7. Legal Profession Blog

    Dismissal Not Warranted

    By Michael Frisch

    The denial of a motion to dismiss by a defendant law firm was affirmed by the New York Appellate Division for the First Judicial DepartmentIt is well established that the…

  8. Tort Talk

    Slip and Fall Case at Waterpark Allowed to Slide Past a Motion to Dismiss

    By Daniel Cummins

    In the case of Ahmed v. Kalahari Resorts & Conventions-Poconos, No. 3:24-CV-00851-JKM (M.D. Pa. Nov. 7, 2024 Munley, J.), the court denied a Defendant’s Motion to Dismiss, or in the…

  9. PrawfsBlawg

    Musk suit proceeds v. Media Matters

    By prawfsblawg@gmail.com

    Main Monday, September 02, 2024Musk suit proceeds v. Media MattersSo says Judge Reed O'Connor, denying motions to dismiss for lack of personal jurisdiction, improper venue, and failure to state a…

  10. Commercial Case Notes

    Motion to Dismiss Claims in Amended Complaint That Were in Original Complaint Violates Single Motion Rule

    By John Lundin

    On July 8, 2024, Justice Cohen of the New York County Commercial Division issued a decision in McGuigan v. Gendell, 2024 NY Slip Op. 32315(U), holding that a motion to…