StonkMaster, personally, and IMHO, I believe the MTD should be denied, but nothing can be certain.
I’m throwing lots of weasel words to my comment because this is a fairly new type of claim/cause of action, perhaps not a case of first impression, but seems close, thus no deep caselaw jurisprudentially to rely on. So the court may be proceeding much more carefully and giving this a much higher level of scrutiny than it might for a more well-trod path sort of case.
Just a guess, but this may be, at least in part, why (to me) the bar seems so high here to file a complaint adequately stating a claim upon which relief may be granted, ie, eg, the standard to survive a 12(b)(6) MTD motion. I’m not even close to any sort of litigation expert, but never seen a requirement to plead facts with such specificity to survive a MTD, BEFORE discovery, to meet the well-plead complaint standard.
Lots of jibber-jabber re some of my background thoughts, to simply say IMHO I believe the MTD will be denied. Sorry about the meandering. Cap
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