WHAT IS A MOTION TO DISMISS?

A motion to dismiss is to argue that the plaintiff's claims are legally insufficient as a matter of law

A motion to dismiss is a legal maneuver used in the court system to request the dismissal of a case. This motion is typically filed by the defendant in response to the plaintiff's complaint. The purpose of a motion to dismiss is to argue that the plaintiff's claims are legally insufficient or that there are other grounds for dismissing the case. In order for a motion to dismiss to be successful, the defendant must convince the court that there is no valid legal claim or that there are procedural defects that warrant dismissal.

There are several common grounds for filing a motion to dismiss. One of the most common is lack of subject matter jurisdiction, which means that the court does not have the authority to hear the particular type of case. Another common ground is failure to state a claim, which means that even if all of the allegations in the complaint are true, they do not amount to a valid legal claim. Other grounds for dismissal may include lack of personal jurisdiction, improper venue, or failure to comply with procedural requirements.

When a motion to dismiss is filed, the court will review the arguments presented by both parties and make a decision on whether or not to grant the motion. If the motion is granted, it means that the case is dismissed and cannot proceed any further. However, if the motion is denied, the case will continue through the litigation process.

It is important to note that filing a motion to dismiss does not guarantee that a case will be dismissed. The court will carefully consider the arguments made by both parties before making a decision. Additionally, not all cases are eligible for dismissal through a motion to dismiss. Some cases may require further evidence or legal arguments before a dismissal can be granted. Overall, a motion to dismiss is an important tool in the legal system that allows defendants to challenge the validity of a plaintiff's claims and seek dismissal of a case.

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​The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center
​300 Centerview Dr., #247
Brentwood, TN 37027
Phone: (855) 846–6529
​Email: [email protected]
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timothy l. miles, esq.

Nashville attorney Timothy L. Miles is a nationally recognized shareholder rights attorney raised in Nashville, Tennessee. Mr. Miles has dedicated his career to representing shareholders, employees, and consumers in complex class-action litigation. Whether serving as lead, co-lead, or liaison counsel, Mr. Miles has helped recover hundreds of millions of dollars for defrauded investors,  shaped precedent-setting decisions, and delivered real corporate governance reforms. Judges and peers have repeatedly recognized Mr. Miles’ relentless advocacy for the underdog, as well as his unbendable ethical standards. Mr. Miles was recently selected by Martindale-Hubbell® and ALM as a 2026 Top Ranked Lawyer, 2022 Top Rated Litigator. and a 2022 Elite Lawyer of the South. Mr. Miles also maintains the AV Preeminent Rating by Martindale-Hubbell®, their highest rating for both legal ability and ethics. Mr. Miles is a member of the prestigious Top 100 Civil Plaintiff Trial Lawyers: The National Trial Lawyers Association,​Class Action:  Class Action: Top National Trial Lawyers, National Trial Lawyers Association (2023), a superb rated attorney by Avvo, a recipient of the Lifetime Achievement Award by Premier Lawyers of America (2019) and recognized as a Distinguished Lawyer, Recognizing Excellence in Securities Law, by Lawyers of Distinction (2019); a Top Rated Litigator by Martindale-Hubbell® and ALM  (2019-2022); America’s Most Honored Lawyers 2020 – Top 1% by America’s Most Honored (2020-2022).  Mr. Miles has published over a thousand on various issues of the law, including class actions, whistleblower cases, products liability, civil procedure, derivative actions, corporate takeover litigation, corporate formation, mass torts, dangerous drugs, and more.  Please visit our website or call for free anytime.

CONTACT                                                      
The Law Offices of Timothy L. Miles
Tapestry at Brentwood Town Center
​300 Centerview Dr., #247
Brentwood, TN 37027
​​Phone: (855) 846-6529
​Email: [email protected]
​