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Understanding the Motion to Dismiss and How it Can Impact Your Case
What does a motion to dismiss mean for you and your employment case? Is it a cause for panic?
A motion to dismiss is a potential hurdle that plaintiffs face as defendants seek to have their case entirely or partially dismissed. Receiving a motion to dismiss is not uncommon in litigation, occurring about 25% of the time. Sometimes, defendants may have genuine legal arguments, while other times, they're merely attempting to prolong the process or increase the plaintiff's expenses.
Tom explains the technicalities of a motion to dismiss in this episode while clarifying the court's primary consideration. He shares relatable examples, such as a hypothetical defamation claim, to illustrate key nuances.
Throughout this episode, Tom offers insight from his years of experience and empowers you with the knowledge to make informed decisions. By highlighting the importance of drafting a comprehensive complaint that includes all the necessary elements, he underscores the significance of having a skilled attorney to guide you through the process.
This is the fifth episode in our series where Tom guides you through the steps of the employment litigation process. Listen to episodes 21-24 if you haven’t already. In our upcoming episodes, we'll explore two more critical aspects of litigation: paper discovery and depositions. These stages are where the facts of your case take center stage.
You Will Learn
1️⃣ Common reasons defendants file a motion to dismiss
2️⃣ How courts determine whether or not to grant a motion to dismiss
3️⃣ How plaintiffs can respond to a motion to dismiss to try to save their case
4️⃣ Why a motion to dismiss isn't the end of the world for your case
5️⃣ What to do if you receive a motion to dismiss
Links and Resources Mentioned
Steps in the Litigation Process Podcast Series
https://sites.libsyn.com/473667/category/Steps+in+the+Litigation+Process+Series
Sign up for the Career Rocket newsletter
www.TheCareerRocket.io
Connect with Tom Spiggle
https://spigglelaw.com/
https://www.linkedin.com/in/spigglelaw/
https://www.youtube.com/@Spigglelaw/videos
https://www.facebook.com/spigglelaw
https://twitter.com/tspiggle
Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.
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By Tom SpiggleWhat does a motion to dismiss mean for you and your employment case? Is it a cause for panic?
A motion to dismiss is a potential hurdle that plaintiffs face as defendants seek to have their case entirely or partially dismissed. Receiving a motion to dismiss is not uncommon in litigation, occurring about 25% of the time. Sometimes, defendants may have genuine legal arguments, while other times, they're merely attempting to prolong the process or increase the plaintiff's expenses.
Tom explains the technicalities of a motion to dismiss in this episode while clarifying the court's primary consideration. He shares relatable examples, such as a hypothetical defamation claim, to illustrate key nuances.
Throughout this episode, Tom offers insight from his years of experience and empowers you with the knowledge to make informed decisions. By highlighting the importance of drafting a comprehensive complaint that includes all the necessary elements, he underscores the significance of having a skilled attorney to guide you through the process.
This is the fifth episode in our series where Tom guides you through the steps of the employment litigation process. Listen to episodes 21-24 if you haven’t already. In our upcoming episodes, we'll explore two more critical aspects of litigation: paper discovery and depositions. These stages are where the facts of your case take center stage.
You Will Learn
1️⃣ Common reasons defendants file a motion to dismiss
2️⃣ How courts determine whether or not to grant a motion to dismiss
3️⃣ How plaintiffs can respond to a motion to dismiss to try to save their case
4️⃣ Why a motion to dismiss isn't the end of the world for your case
5️⃣ What to do if you receive a motion to dismiss
Links and Resources Mentioned
Steps in the Litigation Process Podcast Series
https://sites.libsyn.com/473667/category/Steps+in+the+Litigation+Process+Series
Sign up for the Career Rocket newsletter
www.TheCareerRocket.io
Connect with Tom Spiggle
https://spigglelaw.com/
https://www.linkedin.com/in/spigglelaw/
https://www.youtube.com/@Spigglelaw/videos
https://www.facebook.com/spigglelaw
https://twitter.com/tspiggle
Disclaimer: This information is not intended to be legal advice. This is for educational purposes only. If you are seeking legal advice, please talk to a lawyer.