Risks, Obstacles in Motions to Dismiss

Litigation Attorney Daniel Small co-authored an article with the Honorable Judge Douglas H. Wilkins in Massachusetts Lawyers Weekly as part of a biweekly series. This article discusses waiting to file a motion to dismiss and the rules that support a late motion for judgment.

Mr. Small and Judge Wilkins write about the standing orders and rules that allow for filing a late motion for judgment on the pleadings or raising an argument at trial. They note that motions to dismiss are useful, but are often overused because lawyers are concerned about risks that may not exist. Mr. Small and Judge Wilkins advise a more cautious use of this tool by ensuring your motion has clear merit.

READ: Risks, Obstacles in Motions to Dismiss