NorthWest Biotherapeutics Inc (NWBO)

[Smitty5150]

Unlike its name, a motion to dismiss does not always end the case. A motion to dismiss challenges the allegations contained in the pleadings. However, it does not challenge them on the merits, rather it seeks to dismiss a case because the pleadings were not properly pleaded. The Court when deciding a motion to dismiss does not analyze whether there is evidence to support the claims, but rather if all of the elements of a particular cause of action we’re properly pleaded. With this being said, the general position of most courts is that they prefer to litigate cases on the merits instead of just dismissing complaints and taking away peoples right to avail themselves of the legal process due to minor technicalities. In cases where the court determines that a cause of action is not properly pleaded, the court will likely allow the plaintiff to correct the deficiency and file an Amended Complaint. This is basically what Judge Woods did. This case will go forward to discovery if Ms. Posner can properly show loss causation. Which I am pretty sure she can.