A motion to dismiss based on there not being a legal basis to grant relief is done as a matter of course. That’s not the same thing as rule 11 sanctions, which are not requested as a matter of course. A claim can be dismissed for any number of reasons without it being frivolous. A 12(b)(6) motion to dismiss (failure to state a claim upon which relief can be granted) is the one that’s done as a matter of course, not rule 11.
A good illustration of how a Rule 11 motion is filed is in the book and movie A Civil Action. Which is also a primer as to how NOT to conduct a class action lawsuit.
My guess is that they (Twitter/X) don’t even want this to make it to discovery. For a variety of reasons. He’s just doing this for the likes/clicks.
Ok. And? Why are you telling me this? I fail to see how that is even relevant. In that case, the plaintiff’s claims were absolutely not frivolous. I don’t think the case was dismissed, either. Musk’s claims are possibly frivolous, but they’re definitely meritless. I’m not sure what your point is.
The link was to a near literal textbook example of how Rule 11 can be used. A Civil Action is one of those accessible popular culture links between litigation law and a lay audience.
The Rule 11 motion was denied in A Civil Action. But those motions are used to beat up plaintiffs, metaphorically.
Musk’s claims are likely to go down in flames when MM files its motion to dismiss…
But that’s going to be a Rule 12(b)(6) motion to dismiss, I promise you. There might be a Rule 11 motion coming as well, but that’s separate. And while it can be used to “beat up” a plaintiff, judges don’t look too kindly on frivolous rule 11 motions, either.
It is almost certainly forum shopping and the attorneys involved are two of Paxton’s cronies who decided to go private after taking a leave of absence to defend him in the impeachment trial. Can’t remember which thread I posted this in
Quick question; are you an attorney?
I only ask because you’re conversing with a law student; seems like knowing this klnd of stuff would be high on her list of priorities.
Wait I though he was a “free speech absolutist”…
“Absolute free speech for me, but not for thee.”
Not as much as you’d think. Civil Procedure classes are more about learning the basics than the operation of various rules and how they are applied real world style. Most of what I was saying recalled stuff that stuck out from a Legal Ethics class. The only one where I had to read a novel and watch a movie.
only Oracle hasn’t withdrawn advertising.
Have a good holiday.
I was trying to be subtle here. Intimating I have studied the same thing.
So the answer to your previous question is…
I generally try to avoid just making assumptions, which is why I often ask direct questions… so as to avoid any needless miscommunications, and no one ends up looking like they’re just being a dick.
Guess that’s just me.
Like I already said:
Prepare a second wave!