The Motion to Dismiss and the Motion for Summary Judgment both present a chance to end your case, but similarities between the two are few. Arguing one when you should be arguing the other could hand you a loss in court. So know your motion and understand the differences between it and a similar motion.
Everybody hates litigation. You just want it to end quickly, especially when you’re the defendant. A good motion to dismiss can make that happen, but the threshold is very high. The typical strategy is to attack the sufficiency of a complaint, to show that a required fact has not been alleged. If you focus solely on what’s contained within the four corners of the complaint, you just might find that one weakness that gets the case dismissed.
Few people enjoy being in court, but sometimes you have to go there. Someone marked up your car and wouldn’t pay. You were punched in the nose for no reason. A company sued you for a debt. You’re facing bankruptcy or deportation. As the gap between the super wealthy and the rest of us grows, more and […]