Defense Motion to Dismiss

As soon as possible after the filing of a class action complaint, most defense attorneys will file a motion to dismiss the case. A court typically will hear such a motion only after resolving the question of certification, but there are a few exceptions. A motion to dismiss may be based on a number of factors. The defense may allege that the plaintiffs failed to comply with procedural requirements, that the complaint does not give enough detail to allow the defense to understand the nature of the claim, that the case was filed in the wrong court, that the named representative cannot represent the rights of the class, and/or that the claim is barred by the statute of limitations. As stated above, if the defendant is concerned that the case may be lost on the merits, all efforts possible should be invested to have the case dismissed at the early stages.