POLL: Will the motion to dismiss be granted or denied ?
Mar 13, 2016 3:58:03 GMT -5
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Post by end2war on Mar 13, 2016 3:58:03 GMT -5
Some thoughts on the suit.
1. Motion to dismiss.
There is no trial issue and the motion should be dismissed. But the amended complaint is much better than the original complaint, and plaintiffs are trying to make something out o thin air.The fact that time is passing after the tenative ruling went against ARWR makes me hopeful that Marshall will figure it out. If she was going with her teatime, then what is taking so long. If she is going to kick the case out, that might take more time to put together a decision that holds up on appeal. I remain optimistic that ARWR wins, even though only about 35% of these early motions to dismiss the complaint are granted.
2. If the case survives
Don't worry, these cases never go to trial. You need to understand that most complaints do survive a motion for failure to state a claim because the court must assume everything that is alleged is true, and can only dismiss, when their is no way for plaintiff to prevail. A ruling against ARWR says nothing about the ultimate issue of whether there was fraud, and from where we sit fraud is extremely doubtful, which means ARWR wins, sooner or later.
3.Has the class been certified?
I have not seen a ruling on class certification. Without that, plaintiffs have nothing.But if the class gets certified as a class action, it greatly ups the odds of settlement, which often happens if the class is certified.
4.What doctors do
It is generally very hard to get a doctor to settle a claim that implies the might have goofed.Docs are really smart and contrlling.Constitutionally they hate to settle.
5.Motion for SJ
If Marshall keeps the case and certifies the class, then I anticipate that ARWR will take another Crack at getting it dismissed before settling.Although ARWRS attorneys will make a few, they have a much higher % chance at winning a motion for SJ than a dismissal on just pleadings.
6. NUISANCE
This is just a nuisance case in all likelihood. The claim seems to be without merit, period.
1. Motion to dismiss.
There is no trial issue and the motion should be dismissed. But the amended complaint is much better than the original complaint, and plaintiffs are trying to make something out o thin air.The fact that time is passing after the tenative ruling went against ARWR makes me hopeful that Marshall will figure it out. If she was going with her teatime, then what is taking so long. If she is going to kick the case out, that might take more time to put together a decision that holds up on appeal. I remain optimistic that ARWR wins, even though only about 35% of these early motions to dismiss the complaint are granted.
2. If the case survives
Don't worry, these cases never go to trial. You need to understand that most complaints do survive a motion for failure to state a claim because the court must assume everything that is alleged is true, and can only dismiss, when their is no way for plaintiff to prevail. A ruling against ARWR says nothing about the ultimate issue of whether there was fraud, and from where we sit fraud is extremely doubtful, which means ARWR wins, sooner or later.
3.Has the class been certified?
I have not seen a ruling on class certification. Without that, plaintiffs have nothing.But if the class gets certified as a class action, it greatly ups the odds of settlement, which often happens if the class is certified.
4.What doctors do
It is generally very hard to get a doctor to settle a claim that implies the might have goofed.Docs are really smart and contrlling.Constitutionally they hate to settle.
5.Motion for SJ
If Marshall keeps the case and certifies the class, then I anticipate that ARWR will take another Crack at getting it dismissed before settling.Although ARWRS attorneys will make a few, they have a much higher % chance at winning a motion for SJ than a dismissal on just pleadings.
6. NUISANCE
This is just a nuisance case in all likelihood. The claim seems to be without merit, period.