What is a Demurrer (or Motion to Dismiss) for Failure to State a Claim?

One of the first obstacles a plaintiff (i.e., the party filing the lawsuit) encounters at the beginning of a lawsuit is a motion to dismiss (known in some states as a demurrer) for failure to state a claim (AKA failure to state a cause of action). In essence, this motion (or demurrer) challenged the LEGAL sufficiency of the complaint. In this episode, I will discuss*: The main grounds for a motion to dismiss (or demurrer) for failure to state a claim (AKA failure to state a cause of action) Common mistakes made by pro se / pro per parties (and even attorneys!) How certain defective complaints can be cured to defeat a motion to dismiss (or demurrer) Much more! For videos, articles, and podcasts regarding motions, discovery, trials, and everything civil litigation, check out TheLegalSeagull.com! * Every jurisdiction has its own laws and court rules. Make sure you read, understand, and comply with the laws and court rules in your jurisdiction.

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What is a Demurrer (or Motion to Dismiss) for Failure to State a Claim? is an episode from The Legal Seagull: Law | Litigation | Self-Help | Legal History by Neer Lerner.

This episode is 22:03 long.

This episode was published on Oct 23, 2018.

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