Are You Giving Away Too Much with Motions to Dismiss?
Read this post over at the Illinois Trial Practice blog about counterproductive motions to dismiss. The idea is that the vast majority of defects at the pleading stage can be addressed through an amended pleading. If the end result is going to be an amended complaint anyway, then drafting and arguing a motion to dismiss makes little practical sense. That does not mean to waive the right to dismiss a bad lawsuit early on. Instead, it means to think about whether you are moving to dismiss because of a fundamental problem with the lawsuit or because of an error in the complaint that can be readily corrected.
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