Facing a motion to dismiss? Learn effective strategies to challenge the defendant's motion and keep your case alive.
When a defendant files a motion to dismiss, it challenges the legal sufficiency of the plaintiff’s complaint. As a plaintiff, effectively opposing a motion to dismiss is critical to keeping the case moving forward. If the defendant’s motion is successful, the case can be dismissed outright, often without the need for discovery or trial.
In this article, Legal Husk provides guidance on how to oppose a motion to dismiss effectively, offering practical tips and strategies to ensure that your claims remain in play.
✅ The first step in opposing a motion to dismiss is to thoroughly understand the grounds on which it is based. Rule 12(b)(6) motions typically argue that the plaintiff’s complaint fails to state a claim upon which relief can be granted.
Failure to State a Claim: The defendant argues that, even assuming the plaintiff’s allegations are true, they do not amount to a legal claim.
Lack of Jurisdiction: The court does not have jurisdiction over the parties or the subject matter of the case.
Improper Venue: The case has been filed in the wrong jurisdiction or court.
Failure to Plead with Specificity: In cases like fraud, the plaintiff must plead the facts with particularity under Rule 9(b).
🎯 Strategic Tip: To oppose the motion effectively, understand which grounds the defendant is raising and prepare to refute them with facts and legal arguments.
✅ Courts apply a lenient standard when evaluating a motion to dismiss under Rule 12(b)(6). The court must assume that all of the plaintiff’s factual allegations are true and must disregard legal conclusions.
Focus on the Facts: Your opposition should emphasize that, when taking the plaintiff’s facts as true, the complaint is legally sufficient to state a claim.
Do Not Address Factual Disputes: Since the court accepts the plaintiff’s allegations as true, you should avoid focusing on factual disputes in your opposition. Instead, focus on the legal sufficiency of the plaintiff’s claims.
🎯 Strategic Tip: Emphasize that the plaintiff’s complaint, when viewed in the light most favorable to them, contains sufficient facts to state a plausible claim for relief.
✅ A key strategy in opposing a motion to dismiss is to identify legal deficiencies in the defendant’s arguments. Some common legal deficiencies include:
Insufficient Legal Argument: The defendant may argue that the plaintiff’s claims are legally insufficient, but you can point out that the claims meet the legal standards required under relevant statutes or case law.
Failure to Address All Claims: If the defendant only addresses some of the claims, argue that the remaining claims should stand.
Inapplicable Legal Standards: The defendant may cite a case or statute that is not applicable to the facts of the case. You can oppose the motion by demonstrating that the cited authority does not apply to the plaintiff’s claims.
Example:
“The defendant argues that the fraud claim should be dismissed under Rule 9(b), but the complaint provides sufficient details of the fraudulent conduct to meet the pleading standard. The defendant’s motion fails to address the specific facts that substantiate the plaintiff’s fraud allegations.”
🎯 Strategic Tip: Challenge the defendant’s legal arguments by demonstrating that their reasoning is flawed or that the law supports your claims.
✅ The plausibility standard established by the Supreme Court in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal requires that the plaintiff’s allegations must be more than a mere possibility of wrongdoing. However, the standard is still lenient.
Plausibility: In your opposition, show that the plaintiff’s claims are plausible and that the defendant’s motion improperly seeks to dismiss them too early in the litigation process.
Not Required to Prove Claims: Remember, the plaintiff is not required to prove their claims at this stage, only to plead sufficient facts to support their allegations.
🎯 Strategic Tip: Argue that the plaintiff’s allegations are plausible based on the facts presented, and that discovery is necessary to develop these claims fully.
✅ If the defendant argues that the plaintiff has failed to plead with specificity (e.g., in cases of fraud), you can oppose by showing that the plaintiff has adequately pled the elements of the claim. In some cases, the court may allow the plaintiff to amend their complaint if the deficiencies are correctable.
Amendment Opportunity: If the court finds any issues with the plaintiff’s complaint, request that the court grant leave to amend the complaint instead of dismissing the case. Most courts will allow amendment unless the deficiencies are fatal.
Example:
“The defendant claims that the fraud allegations are insufficient under Rule 9(b). However, the plaintiff’s complaint provides detailed facts regarding the fraudulent statements and their impact. In the event the court finds any deficiencies, we request leave to amend the complaint.”
🎯 Strategic Tip: If pleading deficiencies are identified, request leave to amend the complaint rather than having the case dismissed entirely.
✅ In some cases, courts may consider extrinsic evidence to determine whether personal jurisdiction exists or whether a claim should be dismissed. If the defendant’s motion relies on external evidence, you can file affidavits or exhibits to support your opposition.
Affidavits: Provide affidavits from parties or witnesses that support your legal arguments and demonstrate that the motion to dismiss should be denied.
Exhibits: Attach any relevant documents or exhibits that bolster your position and show that the case should proceed to discovery or trial.
🎯 Strategic Tip: Use affidavits or exhibits to strengthen your opposition if the defendant relies on evidence outside the complaint.
✅ Courts generally prefer to allow cases to proceed to discovery and trial whenever possible. The policy favoring access to the courts is strong, and a motion to dismiss should not be granted unless it is clear that the plaintiff’s claims are legally insufficient.
Access to Justice: Highlight the importance of allowing the plaintiff to present their case and engage in discovery. Courts should avoid dismissing claims without giving the plaintiff the opportunity to fully develop their case.
🎯 Strategic Tip: Appeal to the court’s preference for resolving cases on the merits rather than dismissing them prematurely, particularly when discovery could clarify the facts.
✅ Often, the defendant may argue that the plaintiff has failed to meet procedural requirements, such as filing deadlines or failure to exhaust administrative remedies. Address these arguments by demonstrating that the plaintiff has complied with all necessary procedures.
Procedural Compliance: If the plaintiff has met the procedural requirements for filing their claims, emphasize this in your opposition. If there are any minor procedural errors, request that the court allow the plaintiff to amend their filing rather than dismissing the case outright.
🎯 Strategic Tip: If the motion to dismiss is based on procedural defects, focus on showing that the plaintiff has complied with the rules or request an opportunity to amend the complaint.
✅ Example 1 – Failure to State a Claim
The defendant argues that the plaintiff has failed to state a claim for breach of contract because the contract terms are not clearly defined. The plaintiff responds by providing additional facts that support the existence and terms of the contract.
“Plaintiff argues that the complaint sufficiently alleges the existence of an enforceable contract and outlines the terms, performance, and breach. The defendant’s motion to dismiss should be denied because the allegations are sufficient to meet the pleading standard under Rule 12(b)(6).”
Opposing a motion to dismiss is a critical step in keeping a case alive. By thoroughly understanding the defendant’s arguments and using effective legal strategies, you can successfully oppose a motion to dismiss and ensure that your client’s claims move forward.
At Legal Husk, we help plaintiffs craft strong oppositions to motions to dismiss, ensuring that their claims receive the attention they deserve.
Need assistance opposing a motion to dismiss effectively? Legal Husk provides expert guidance to help you craft persuasive legal arguments and keep your case alive.
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