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Standard for granting a motion to dismiss
Posted on: September 13, 2019 at 13:29:16 CT
ScottsdaleTiger MU
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A motion to dismiss is normally filed in response to the Plaintiff filing a complaint, normally before the answer is filed. It essentially argues that even if everything alleged in the complaint is true, the Plaintiff has no claim.
So the granting of a motion to dismiss and its subsequent overturning says nothing, absolutely zip, about the merits of the case. Remember a plaintiff can allege anything in a complaint. And a plaintiff does not have to produce any evidence the allegations in the complaint are true in order to defeat a motion to dismiss.
What will happen now is Fox will file an asnwer and force the plaintiffs to produce whatever evidence they have, if any, that establishes liability.
Bottom line is the test for overcoming a motion to dismiss is so low that most defense counsel don't even bother to file one.
So the granting of a motion to dismiss and its subsequent overturning says nothing, absolutely zip, about the merits of the case. Remember a plaintiff can allege anything in a complaint. And a plaintiff does not have to produce any evidence the allegations in the complaint are true in order to defeat a motion to dismiss.
What will happen now is Fox will file an asnwer and force the plaintiffs to produce whatever evidence they have, if any, that establishes liability.
Bottom line is the test for overcoming a motion to dismiss is so low that most defense counsel don't even bother to file one.
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Standard for granting a motion to dismiss - ScottsdaleTiger MU - 9/13 13:29:16