Topic
Motion to Dismiss
137 published works
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…
Drug & Device Law
Pleading Around Obvious Defenses
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…
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…
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
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…
Construction Law Musings
Yet Another Reminder That Pleading Matters
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…
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…
Legal Profession Blog
Dismissal Not Warranted
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…
Tort Talk
Slip and Fall Case at Waterpark Allowed to Slide Past a Motion to Dismiss
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…
PrawfsBlawg
Musk suit proceeds v. Media Matters
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…
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…