11/9/2015. Defendant's Notice of Motion and Motion to Dismiss Complaint; Memorandum of Points and Authorities In Support. (3: l 5-cv-05 120).
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Rule 12(b)(6) provides that a motion to dismiss a complaint may be filed for "failure to state a claim upon which relief can be granted." Id. "The purpose of the rule is to allow the court to eliminate actions that are fatally flawed in their legal premise and destined to fail, and thus spare the litigants the burdens of unnecessary pretrial and trial activity."
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Purpose of a Motion to Dismiss. At its core, a motion to dismiss filed under Rule 3.190 is a pretrial mechanism to terminate a criminal prosecution through court action because of some legal or technical defect in the proceedings.[Former] Equity Rule 29 (Defenses-How presented) abolished demurrers and provided that defenses in point of law arising on the face of the bill should be made by motion to dismiss or in the answer, with further provision that every such point of law going to the whole or material part of the cause or causes stated might be called up and disposed of before final hearing "at the discretion of the court."
Motion to Dismiss. A motion to dismiss is sometimes filed in the very early stages of the litigation, before the parties have conducted discovery. The material presented in the complaint and any exhibits to the complaint are the focus of the motion, which is brought when the defendant believes that the complaint is legally invalid.
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A motion to dismiss is a powerful weapon in a defendant’s arsenal. Though it promotes judicial economy and can lead to a speedy resolution of a frivolous lawsuit, a motion to dismiss must be well-written and persuasive to achieve its goals.
Forty-five witnesses testified Monday in a hearing on a bill that would narrow the state’s anti-SLAPP law to exclude cases that lawmakers never meant the law to cover. The original house bill 2730 by.
The kentucky horse racing Commission has filed a motion in federal court to dismiss the lawsuit filed by Maximum Security’s owners seeking to have the horse reinstated as the winner of Kentucky Derby.