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Ouity t1_ir29ay2 wrote

A motion to dismiss happens when a case is legally invalid. Like, when you are making a claim that has no legal remedy, or which does not point to an actual law, or is a misreading of a law, you can just file to dismiss the case. Since there are multiple claimants filing under a lawyer who are pointing to specific circumstances which would, if true, be violations of this law, I do not think their case is going to be dismissed on procedural grounds. And if the NYPD tries to argue their claims are meritless and invalid, I will love to read that. It's definitely not what I guessed, so that would be cool for you.

I did not assume you were talking about a motion to dismiss because from where I'm sitting, a judge would rule against a motion to dismiss this case and allow it to enter discovery, since discovery of evidence is the only way to actually ascertain whether the claims presented are factual. The claims presented are definitely in violation of the law.

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drpvn t1_ir29pst wrote

That’s all true, but sometimes defendants will toss factual assertions in their MTD if they’re favorable.

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