Legal FAQ's - Frivolous Lawsuit

It's FAQ Friday, where we help you grow your legal knowledge in just 60 seconds! This week's episode focuses on demystifying frivolous lawsuits: how to fight back when you're wrongly accused. Watch this video and gain the insights you need to stand your ground.

If your business is being sued and you think a lawsuit is frivolous and you are wondering about you can throw it out, this video is to answer that question for you. I'm attorney Parag Amin, and I'm going to answer this question in 60 seconds or less. So in short, if you believe that the lawsuit filed against you is frivolous, you can, in state court, file something called a demurrer. In federal court, it's called a motion to dismiss. In short, the idea is the same. You're trying to get the case dismissed because there aren't sufficient allegations against you to be able to sustain the cause of action or the complaint against you. But here's a big thing, is that for the purposes of the complaint and for a motion to dismiss or a demurrer, everything that's alleged in the complaint is assumed to be true. So a motion to dismiss and a demurrer both challenge the legal sufficiency of the complaint. So if you're contending that the things alleged in the complaint aren't true, it's a much more complex process and it's not as simple as the motion to dismiss or a demurrer. If you have more questions about this message me, I'm happy to help.

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