Typical basic motions to dismiss usually fall into these main categories: 1. This isn't the right court (jurisdiction) 2. We're not the right parties (standin

Typical basic motions to dismiss usually fall into these main categories: 1. This isn't the right court (jurisdiction) 2. We're not the right parties (standing/jurisdiction) 3. It's too late (statute of limitations) 4. No law has been broken (failure to state claim) 5. Nobody was really harmed (failure to state claim) Typically it's numbers 4 and 5 that would matter for a frivolous lawsuit. If you want to see what that kind of lawsuit and a successful motion to dismiss look like here's a good example: https://cases.justia.com/new-york/other-courts/2013-ny-slip-op-32402-u.pdf?ts=1381505704 https://cases.justia.com/new-york/other-courts/2013-ny-slip-...