All About
Motions To Dismiss
Edna Sussman
Motions to dismiss can be big winners—or big losers.
IT CAN BE one of the most satisfying experiences
for a litigator. You pinpointed the fatal
flaw in your opponent’s case and moved to dismiss.
The judge agreed with your legal analysis.
The case ended before it really began. Your
client is delighted. Not only the right result,
your client thinks, but also without the costs of
discovery and trial.Motions to dismiss as well as motions for summary judgment can win the case. But they also can pose risks or increase litigation costs and, in some cases, they can backfire to your client’s detriment. The reflex reaction of some litigators to make a motion todismiss in virtually every case is a bad habit, but probably not as bad as the habit of never making one.
Edna Sussman counsel to the New York City law firm of Hoguet Newman & Regal LLP.
