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> You can file a Motion to Dismiss before discovery, but the bar is fairly high on those, and they're rarely granted I don't think this is true. Cases - especi

• A_D_E_P_T 2y ago
  IIRC, only about 20-30% of Federal Civil cases are dismissed before discovery, and I'd say the majority of those are frivolous or nuisance lawsuits, and many of 'em filed by vexatious private litigants. If a company like Amazon sues you via its attorneys -- even if the matter is at root frivolous or even if they're just trying to bully you -- your odds of getting off the hook before discovery are pretty much zero. ...As in OP, where it appears the civil suit did go to discovery even though it looks like an open-and-shut contract matter. > And it's usually a judge that decides whether a case has enough potential merit to survive the motion, so saying a judge doesn't get to see the case until after discovery is incorrect. The courts can dismiss a case prior to discovery only in certain circumstances. They are: (1) lack of subject-matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party. The judge will only look at these matters, and will not judge the case on its merits. A lot of cases are dismissed on "failure to state a claim" because the complaints weren't properly written.