confucius say
07-06-2017, 04:42 PM
Per Pete Thamel.
Not a big deal unless it's granted. A defendant, instead of answering the complaint, can file a motion to dismiss for any of 7 reasons, the most prevalent of which is "failure to state a claim." That's what Miller filed. Basically saying the plaintiff has failed to assert a viable claim against him. If it's granted, which is difficult to achieve pre discovery, case is over. If denied, he will have to file an answer and then discovery will proceed.
Not a big deal unless it's granted. A defendant, instead of answering the complaint, can file a motion to dismiss for any of 7 reasons, the most prevalent of which is "failure to state a claim." That's what Miller filed. Basically saying the plaintiff has failed to assert a viable claim against him. If it's granted, which is difficult to achieve pre discovery, case is over. If denied, he will have to file an answer and then discovery will proceed.