[VIP] Hot Take on NAR’s Motion to Dismiss

In the all-important Moehrl v. NAR case, NAR has filed a motion to dismiss, and submitted a brief in support of that motion. I’ll embed it below.

This is all but guaranteed in just about any serious civil litigation these days involving serious lawyers who get paid by the hour. I remember my Civil Procedures professor telling us that we ought to get very familiar with Rule 12(b)(6) as it is one of the most often used part of what is called “motion practice” where lawyers move to dismiss, move to exclude witnesses, move to strike, move, move and move. Rule 12(b)(6) is the motion to dismiss a complaint for a variety of flaws, including what NAR uses here: “failure to state a claim.”