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mastaflash

10/24/12 12:40 PM

#153811 RE: Domerfan17 #153810

FYI, Megas was never served, so the the discussion is purely academic.
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janice shell

10/24/12 12:45 PM

#153812 RE: Domerfan17 #153810

Federal courts tend to be very picky about form. And a motion to dismiss is difficult, because it MUST, in its presentation, accept all factual allegations made by the plantiff as true. Yes, even if they aren't. The judge is obliged to view the facts as favorable to the plaintiff.

Here's a good explanation:

http://www.sussmanadr.com/docs/motions_to_dismiss_plit.pdf