Posted On: 01/06/2016 10:03:07 AM
Post# of 72446
Re: thefamilyman #17207
Good post Familyman,
I have to agree with your assessment about the 12 (b) (6)
"As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law. Nevertheless, they appear regularly in law school civil procedure exams (and bar exam civil procedure questions), so it’s important to be aware of them.
“Failure to state a claim upon which relief can be granted” can mean a number of things, all of which have to do with what is stated in a complaint."
http://blog.legalsolutions.thomsonreuters.com...ate-claim/
Perhaps the fact that there is apparently only one law firm with one plantif comes into play here as the Judge seemed to be a bit taken aback by that revelation. AVXL for instance has several lawsuits announced by multiple lawfirms. Speaking of that how ridiculous are those lawsuits as their main focus seems to be that AVXL used stock promoters. When did that become illegal?
I have to agree with your assessment about the 12 (b) (6)
"As a practical matter, Rule 12(b)(6) motions are rarely successful, and when they are, their success usually has more to do with the judge than the law. Nevertheless, they appear regularly in law school civil procedure exams (and bar exam civil procedure questions), so it’s important to be aware of them.
“Failure to state a claim upon which relief can be granted” can mean a number of things, all of which have to do with what is stated in a complaint."
http://blog.legalsolutions.thomsonreuters.com...ate-claim/
Perhaps the fact that there is apparently only one law firm with one plantif comes into play here as the Judge seemed to be a bit taken aback by that revelation. AVXL for instance has several lawsuits announced by multiple lawfirms. Speaking of that how ridiculous are those lawsuits as their main focus seems to be that AVXL used stock promoters. When did that become illegal?
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