Healthier Choices Mgmt Corp (HCMC)

[newbie131]

I am a NY attorney and I can tell you that it is very unlikely that a Judge will grant a Motion to Dismiss, ie: Very difficult for PM to succeed on their motion to dismiss the case before any facts are even heard... So I am confident that there are enough facts in controversy to overcome PM's MTD.... Now, that does not mean that HCMC would prevail at trial, but it does mean that the Judge at this early stage is not going to be the arbiter of the facts of the case, the Judge is going to let a Jury decide on the merits of the case... and often there is pressure to settle after such a denial (because the costs of litigation for both parties factors into their decision to pursue settlement and Judges push litigants because they have the Office of Court Administration, at least here in NY, pushing the Courts to keep to a tight trial schedule to move the docket along).... I am long and strong on this one!