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Tag: 12(b)(6)

Uncategorized

Things Are Rapidly Changing, But Something Stays the Same: Allegations of Fact Taken As True at the Pleading Stage

21 May 202022 May 2020
It almost seems that everything is changing so fast in these current days. When everyone is trying to keep up with the pace, I thought it might be worthwhile to…
Uncategorized

Doctor Who? Plaintiff’s Vicarious Liability Claim Against Doctor Dismissed for Lacking Specifics

16 Dec 201916 Dec 2019
A pro se Plaintiff's TCPA complaint was dismissed with prejudice.  Here’s how:  The Plaintiff was getting calls for medical services.  He alleged the callers used an ATDS, and continued despite…
Uncategorized

Devoid of Datum: TCPA Claim Dismissed For Failure to State a Claim in NDOH

2 Aug 20197 Aug 2019
Word of the Day: Datum.  Synonym: information.   As Applied:  It is hereby ordered that Plaintiff Whitacre’s TCPA claim is dismissed for failure to plead the datum necessary to state a…
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Eric’s Thought of the Day

Winning never gets old…

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