What is a Motion to Dismiss Complaint?


22 May

A Motion to Dismiss a Complaint tests the face of a Complaint itself.  Unlike a Motion for Summary Judgment, no extraneous materials such as Affidavits or Depositions are allowed.  Quite simply, does the Complaint make a legal case.  In Federal cases, the requirements for a Complaint tightened up significantly in the late 2000's.  is it "plausible?"  For example, in products liability cases, is there any evidence that this type of injury been caused by this type of product?  

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