4 ms·

Is there anything out of the ordinary here? Doesn't basically every lawsuit have the defendant file a motion to dismiss, based on any halfway plausible reason?

by jsnell 4y ago

klyrs 4y ago
To those interested in watching the particulars of this case, this is not a surprising development. But the play-by-play is interesting. Sports announcers manage to talk continuously during a game, and don't sit there silently and say "team A won with 20 points to team B's 5 points, what a game" at the very end. Personally, I don't care for the sportsguy blathering about a game nor the end results, and prefer to read about legal shenanigans.
TheRealPomax 4y ago
There is not. This is standard operating procedure. Getting a case thrown saves so much money that it is entirely worth having your legal team try to make it happen before the real work starts.
nimbius 4y ago
it was a successful strategy for VMWare when approached by a German developer about improper licensing for his open source code. VMWare managed to get the original case tossed on a technicality, as well as the appeal, which bought them enough time to drop the linux code entirely and avoid a discovery where they would most certainly be found in violation. https://www.zdnet.com/article/linux-developer-abandons-vmware-lawsuit/ https://www.zdnet.com/article/linux-developer-abandons-vmwar... https://www.zdnet.com/article/vmware-sued-for-failure-to-comply-with-linuxs-license/ https://www.zdnet.com/article/vmware-sued-for-failure-to-com... https://en.wikipedia.org/wiki/Vmlinux https://en.wikipedia.org/wiki/Vmlinux
AlbertCory 4y ago
Not only is the answer "no, the defendant always files a motion to dismiss," it's a good strategy because it forces the plaintiff to say something on the record.
lostmsu 4y ago
Perhaps a meta discussion is needed here regarding the potential ability to dismiss a lawsuit in a scenario like this where everyone understands the existence of a legal problem in the need of future guidance.

Is there anything out of the ordinary here? Doesn't basically every lawsuit have the defendant file a motion to dismiss, based on any halfway plausible reason?

by jsnell 4y ago

Is there anything out of the ordinary here? Doesn't basically every lawsuit have the defendant file a motion to dismiss, based on any halfway plausible reason?

klyrs 4y ago

To those interested in watching the particulars of this case, this is not a surprising development. But the play-by-play is interesting. Sports announcers manage to talk continuously during a game, and don't sit there silently and say "team A won with 20 points to team B's 5 points, what a game" at the very end. Personally, I don't care for the sportsguy blathering about a game nor the end results, and prefer to read about legal shenanigans.

TheRealPomax 4y ago

There is not. This is standard operating procedure. Getting a case thrown saves so much money that it is entirely worth having your legal team try to make it happen before the real work starts.

nimbius 4y ago

it was a successful strategy for VMWare when approached by a German developer about improper licensing for his open source code. VMWare managed to get the original case tossed on a technicality, as well as the appeal, which bought them enough time to drop the linux code entirely and avoid a discovery where they would most certainly be found in violation. https://www.zdnet.com/article/linux-developer-abandons-vmware-lawsuit/ https://www.zdnet.com/article/linux-developer-abandons-vmwar... https://www.zdnet.com/article/vmware-sued-for-failure-to-comply-with-linuxs-license/ https://www.zdnet.com/article/vmware-sued-for-failure-to-com... https://en.wikipedia.org/wiki/Vmlinux https://en.wikipedia.org/wiki/Vmlinux

AlbertCory 4y ago

Not only is the answer "no, the defendant always files a motion to dismiss," it's a good strategy because it forces the plaintiff to say something on the record.

lostmsu 4y ago

Perhaps a meta discussion is needed here regarding the potential ability to dismiss a lawsuit in a scenario like this where everyone understands the existence of a legal problem in the need of future guidance.