We hope the attorney for Jasper files another Motion to dismiss on the Williams case

Annise Smith

 

The Original complaint was dismissed. This mess filed on 6/18/19, is new.

 

Unfortunately, the one we placed on the blog last week is the final suit.

We hope that legal insufficiency again can be found and the  attorney representing Jasper can file another “motion to dismiss”.A motion to dismiss is a party’s request to a court to dismiss a case because of settlement, voluntary withdrawal, procedural defect or claim is one for which the law provides a remedy.  Obviously, the first filing made prior to the one of June 18th, was deemed to weak  a case and that is why a re-filing was made.

 

Some of the defenses the City of Jasper has to dismiss a case, per Rule 12(b) [ USCS Fed Rules Civ Proc R 12] include
  • Lack of personal jurisdiction
  • Lack of subject-matter jurisdiction
  • Improper venue
  • Insufficient process
  • Insufficient service of process
  • Plaintiff’s failure to state a claim on which relief can be granted, and
  • Failure to join an indispensable party

    .

The best thing which could happen is if the City of Jasper et al  will file a motion to dismiss for failure to state a claim, which is governed by Rule 12(b)(6), claiming that even if all the plaintiff’s (Williams)  allegations are true, they would not be legally sufficient to state a claim on which relief might be granted.

Karin for the blog

The Williams Suit – one could be at a loss of words.

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