[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.”

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Rob Hahn

Rob Hahn

Managing Partner of 7DS Associates, and the grand poobah of this here blog. Once called "a revolutionary in a really nice suit", people often wonder what I do for a living because I have the temerity to not talk about my clients and my work for clients. Suffice to say that I do strategy work for some of the largest organizations and companies in real estate, as well as some of the smallest startups and agent teams, but usually only on projects that interest me with big implications for reforming this wonderful, crazy, lovable yet frustrating real estate industry of ours.

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