Litigation
Feb. 16, 2000
Case-Killing: Pleading for Death With Motions
I am an unabashed fan of pleading motions - the demurrer or its cousin, the motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). You lose nothing by moving to dismiss, and you'll be surprised at how often you'll win.
At first blush, case law seems stacked against the moving party. We all know the rul...
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