Healthier Choices Mgmt Corp (HCMC)

[MelsDollars]

A motion to dismiss a complaint is typically based on procedural issues. For example, if the Plaintiff failed to state a claim, filed in the wrong jurisdiction, or didn't have standing to sue. Typically, the judge will give the Plaintiff the opportunity to amend the complaint if the issues can be cured.

At the outset of litigation, Complaints are not supposed to be judged based on "questions of fact." Whether or not combustion occurred is a question of fact. Factual issues are supposed to be left up to the jury to decide, or, if it's not a jury trial, it would be up to the judge to decide, but only after discovery has taken place and both sides have fully presented their case. That hasn't happened yet, and one exhibit attached to a complaint does not a case make.

All this motion is determining is whether the complaint is sufficient procedurally to move forward. The parties will still have to prove combustion and infringement.

I expect that PM's motion to dismiss will be denied. All in my opinion.