What Is a Motion to Dismiss?

General Definition

A motion to dismiss is “[a] request that the court dismiss the case because of settlement, voluntary withdrawal, or a procedural defect.” (Motion to Dismiss, Black's Law Dictionary, 11th ed. 2019, available at Westlaw.)

Overview of State Court Authorities

Arizona

Motion to Dismiss For Lack of Personal Jurisdiction

“Because Rule 4(e)(2) has been interpreted to extend to the permissible limits of due process, the defendant's conduct necessarily satisfies the rule if the constitutionally required minimum contacts are present.” (See Armstrong v. Aramco Services Co. (1988) 155 Ariz. 345…)

Motion to Dismiss For Failure to State a Claim

“Dismissal pursuant to Rule 12(b)(6) is appropriate if as a matter of law the plaintiff would not be entitled to relief under any interpretation of the facts.” (See Belen Loan Investors, LLC v. Bradley (2012) 231 Ariz. 448, 453, ¶ 7, 296 P.3d 984…)

Motion to Dismiss For Failure to Prosecute

“If the plaintiff has abandoned the case or caused delay that prejudiced the defendants, dismissal [for failure to prosecute] is the proper remedy.” (See Ariz. R. Civ. P. 41(b); Lee v. ANC Car Rental Corp., No. 1 CA-CV 14-0196…)

Motion to Dismiss For Forum Non Conveniens

“We will not overturn the trial court's ruling on the application of forum non conveniens absent an abuse of discretion.” (See Cal Fed Partners v. Heers (1987) 156 Ariz. 245, 751 P.2d 561; Coonley Coonley v. Turck (1993) 173 Ariz. 527…)

California

A motion to dismiss is the legal equivalent of a general demurrer. Citizens for Parental Rights v. San Mateo County Bd. of Educ. (1975) 51 Cal.App.3d 1, 34.

Connecticut

Motion to Dismiss for Forum Non Conveniens

“[T]he overriding inquiry in a forum non conveniens motion is not whether some other forum might be a good one, or even a better one than the [plaintiffs'] chosen forum. The question to be answered is whether…”

Motion to Dismiss for Lack of Personal Jurisdiction

When a defendant challenges personal jurisdiction in a motion to dismiss, the court must undertake a two part inquiry to determine the propriety of its exercising such jurisdiction over the defendant...

Motion to Dismiss for Failure to Prosecute

Practice Book § 14-3 provides a mechanism for dismissing cases where a litigant has failed to prosecute her claim with reasonable diligence. That rule provides in relevant part that…

Motion to Dismiss for Failure to State a Claim

Under Rule 12(b)(6) of the Federal Rules of Civil Procedure, failure to state a claim is a valid ground for dismissal. Under Connecticut practice, however, it is not…

Delaware

Motion to Dismiss For Forum Non Conveniens

It is well settled that “in order to prevail on a motion to dismiss for forum non conveniens, the moving defendant must demonstrate that it will face ‘overwhelming hardship’ if litigation proceeds in Delaware. Plaintiffs' choice of forum is entitled to respect unless Defendant demonstrates that litigating in Delaware is inappropriate and inconsistent with the administration of justice.” (See Lincoln Benefit Life Co. v. Wilmington Tr., N.A., C.A. No. N17C-08-301 ALR, at *4 (Del. Super. Ct. Apr. 5, 2018).)

Motion to Dismiss For Lack of Personal Jurisdiction

“Delaware's long arm statute, 10 Del. C. § 3104, sets forth in subsection (c) that a nonresident establishes legal presence within the State of Delaware when the nonresident: (1) Transacts any business or performs any character of work or service in the State; (2) Contracts to supply services or things in this State; (3) Causes tortious injury in the State by an act or omission in this State; (4) Causes tortious injury in the State or outside of the State by an act or omission outside the State if the person regularly does or solicits business, engages in any other persistent course of conduct in the State or derives substantial revenue from services, or things used or consumed in the State; (5) Has an interest in, uses or possesses real property in the State; or (6) Contracts to insure or act as surety for, or on, any person, property, risk, contract, obligation or agreement located, executed or to be performed within the State at the time the contract is made, unless the parties otherwise provide in writing.” (See Asbestos Litig. v. Dana Cos., C.A. No.: 13C-03-076, at *7 (Del. Super. Ct. Jan. 30, 2015).)

Motion to Dismiss For Failure to Prosecute

It is also well settled that “among the Court's inherent powers to manage its docket to prevent unnecessary and wasteful delay are Court of Chancery Rule 41(b) — authorizing dismissal [f]or failure of the plaintiff to prosecute or to comply with [Court of Chancery] Rules or any order of court — and Rule 41(e) — authorizing dismissal of any cause pending wherein no action has been taken for a period of 1 year and where there has been no good reason for the inaction. . . The decision to dismiss under these rules is committed to the Court's discretion. In addition, [b]ecause both Chancery Rules 41(b) and 41(e) deal with inexcusable delay, they overlap somewhat.” (See Kinexus Representative v. Advent Software, C.A. No. 1161-VCN, at *2 (Del. Ch. June 30, 2011).

Motion to Dismiss For Failure to State a Claim

“A court must always be cautious, however, in dismissing an action for the failure to state a claim upon which relief can be granted and all inferences must be resolved in favor of the nonmoving party — especially at a preliminary stage.” (See Michelson v. Duncan (1979) Del.Supr., 407 A.2d 211; Gabelli Co., Etc. v. Liggett Group, Inc. (1982) 444 A.2d 261, 266.)

Florida

Motion to Dismiss for Failure to State a Claim

"[A] motion to dismiss for failure to state a cause of action is not a substitute for a motion for summary judgment, and in ruling on such a motion, the trial court is confined to a consideration of the…”

Motion to Dismiss for Failure to Prosecute

The resolution of a motion to dismiss for failure to prosecute involves a two-step process: (1) the defendant is required to show there has been no record activity for the year preceding the motion; (2) if there has been no record activity…”

Motion to Dismiss for Forum Non Conveniens

The Kinney Court held that a trial court presented with a motion to dismiss on the basis of forum non conveniens can go directly (meaning, without engaging in any federal venue-choice of law qualifying test), to a four-step analysis…

Motion to Dismiss for Lack of Personal Jurisdiction:

"First, it must be determined that the complaint alleges sufficient jurisdictional facts to bring the action within the ambit of the statute; and if it does, the next inquiry is whether sufficient ‘minimum contacts’ are demonstrated…”

Georgia

Motion to Dismiss For Lack of Personal Jurisdiction

“A motion to dismiss for lack of personal jurisdiction must be granted if there are insufficient facts to support a reasonable inference that defendant can be subjected to the jurisdiction of the court.” (Millard v. Millard (1992) 204 Ga. App. 399…)

Motion to Dismiss For Forum Non Conveniens

When a trial court considers such a motion to dismiss for forum non conveniens, it must apply the standard that appears in OCGA § 9–10–31.1(a), which states in relevant part: “If a court of this state, on written motion of a party, finds that in the interest of justice and for the convenience of the parties and witnesses a claim or action would be more properly heard in a forum outside this state ... the court shall decline to adjudicate the matter under the doctrine of forum non conveniens. As to a claim or action that would be more properly heard in a forum outside this state, the court shall dismiss the claim or action....” (Wang v. Liu (2013) 292 Ga. 568, 569 quoting OCGA § 9–10–31.1(a).)

Motion to Dismiss For Failure to State a Claim

“A motion to dismiss for failure to state a claim upon which relief may be granted should not be sustained unless: (1) the allegations of the complaint disclose with certainty that the claimant would not be entitled to relief under any state of provable facts asserted in support thereof; and (2) the movant establishes that the claimant could not possibly introduce evidence within the framework of the complaint sufficient to warrant a grant of the relief.” (Webb v. Bank of Am., N.A. (2014) 761 S.E.2d 485, 486 citing Austin v. Clark (2014) 294 Ga. 773, 774–775, 755.)

Motion to Dismiss For Failure to Prosecute

“Uniform Superior Court Rule 14 authorize[s] the trial court to dismiss for failure to prosecute.” (Lam v. Allstate Indem. Co., A13A1733, at *1 [Ga. Ct. App. Mar. 26, 2014] citing Unif. Sup. Ct. R. 14.)

Illinois

Motion to Dismiss For Forum Non Conveniens

“Rule 306(a)(2) recognizes that orders granting motions to dismiss on forum non conveniens grounds are interlocutory and allows for permissive appeals from such orders.” (Kelsey v. Top Line Express, Inc., 2016 Ill. App. 160688, 6 [Ill. App. Ct. 2017].)

Motion to Dismiss For Lack of Personal Jurisdiction

“The exercise of personal jurisdiction over a nonresident defendant is governed by the Illinois long-arm statute, section 2-209 of the Code of Civil Procedure [735 ILCS 5/2-209 (West 2018)].) Subsection (a) provides different actions by a defendant that will subject him or her to Illinois jurisdiction, including ‘[t]he commission of a tortious act within this State.’” (Lusk v. The Unckrich Corp., 2021 Ill. App. 5th 200368, 5 [Ill. App. Ct. 2021] quoting and citing § 2-209(a)(2).)

Motion to Dismiss For Failure to State a Claim

“[A] cause of action should not be dismissed pursuant to section 2-615 unless it is clearly apparent that no set of facts can be proved that would entitle the plaintiff to recovery.” (Marshall v. Burger King Corp. (2006) 222 Ill. 2d 422, 429-30 citing Canel v. Topinka (2004) 212 Ill. 2d 311…)

Motion to Dismiss For Failure to Prosecute

The authority of the trial court to dismiss a plaintiff's action because of his failure to prosecute is necessary in order to prevent undue delays in the disposition of pending cases and to avoid congestion in the progress of trial calendars, and this power is of ancient origin.” (Robertson v. Western Bearings Co. (1964) 50 Ill. App. 2d 173, 182 citing Link v. Wabash R.R. Co. (1962) 370 U.S. 626…)

Massachusetts

Motion to Dismiss for Failure to Prosecute

Rule 41(b)(2) of the Massachusetts Rules of Civil Procedure provides as follows: “On motion of the defendant, with notice, the court may, in its discretion, dismiss any action for failure of the plaintiff to prosecute or to comply with these rules or any order of court…”

Motion to Dismiss for Failure to State a Claim

“To survive a motion to dismiss for failure to state a claim pursuant to Mass R. Civ. P. 12 (b) (6), a complaint must contain factual allegations plausibly suggesting (not merely consistent with) an entitlement to relief.”

Motion to Dismiss for Forum Non Conveniens

Because the doctrine of “forum non conveniens is not a substantive right of the parties, but a procedural rule of the forum,” a Massachusetts forum must apply its own procedural law when reviewing a motion to dismiss on the ground of forum non conveniens…

Motion to Dismiss for Lack of Personal Jurisdiction

“The Massachusetts long-arm statute enumerates eight specific grounds on which a nonresident defendant may be subjected to personal jurisdiction by a court of the Commonwealth.”

Michigan

Motion to Dismiss For Forum Non Conveniens

“Forum non conveniens is a common-law doctrine defined as ‘the discretionary power of court to decline jurisdiction when convenience of parties and ends of justice would be better served if action were brought and tried in another forum.’” (Hernandez v. Ford Motor (2008) 760 N.W.2d 751…)

Motion to Dismiss For Lack of Personal Jurisdiction

“MCR 2.116(D)(1) requires that the defense of lack of personal jurisdiction ‘be raised in a party's first motion under [MCR 2.116] or in the party's responsive pleading, whichever is filed first, or [it is] waived.’ However, MCR 2.111(F)(3) provides that ‘[a]ffirmative defenses must be stated in a party's responsive pleading, either as originally filed or as amended in accordance with MCR 2.118.’” (Robert A Hansen Family Trust v. FGH Industries, LLC (2008) 760 N.W.2d 526…)

Missouri

Motion to Dismiss For Failure to Prosecute

“Rule 67.02 authorizes a defendant to move for dismissal of the civil action against him on account of failure on the part of plaintiff to prosecute the action.” (See Knight v. Kitchen (1987) 733 S.W.2d 864…)

Motion to Dismiss For Lack of Personal Jurisdiction

“A defendant has the initial burden of raising lack of personal jurisdiction under Rule 55.27.” (See Pohlmann v. Bil-Jax (1997) Inc., 954 S.W.2d 371

Motion to Dismiss For Forum Non Conveniens

“The standard of review for granting a motion to dismiss under the doctrine of forum non conveniens is abuse of discretion.” (See Skewes v. Masterchem Industries, Inc. (2005) 164 S.W.3d 92…)

Motion to Dismiss For Failure to State a Claim

“We will not sustain a motion to dismiss for failure to state a claim unless it appears that the pleader can prove no set of facts in support of his claim which would entitle him to relief.” (See Landmark Bank v. General Grocer (1984) 680 S.W.2d 949…)

New Jersey

Motion to Dismiss for Forum Non Conveniens

“In determining whether a plaintiff's forum is demonstrably inappropriate, courts may consider both private and public interest factors…”

Motion to Dismiss for Failure to Prosecute or Discovery Delinquency

Rule 1:13–7(a) “is an administrative rule designed to clear the docket of cases that cannot, for various reasons, be prosecuted to completion. Dismissals under the rule are without prejudice. Accordingly, the right to reinstatement is…”

Motion to Dismiss for Failure to State a Claim

"Because R. 4:6-2(e) requires that the pleading be generously examined and that all matters outside the pleadings be excluded, the motion is granted only in rare instances.”

Motion to Dismiss for Lack of Personal Jurisdiction

“The defense of lack of personal jurisdiction must be raised by motion within ninety days of the filing of an answer, Rule 4:6-2(b) and Rule 4:6-3, and if a defendant fails to do so, the defense of lack of personal jurisdiction is indeed waived…”

Nevada

Motion to Dismiss For Failure to State a Claim

“Under NRCP 12(b)(5)'s failure-to-state-a-claim dismissal standard, ‘[a] complaint should not be dismissed unless it appears to a certainty that the plaintiff could prove no set of facts that would entitle him or her to relief.’” (Holcomb Condo. Homeowners' Ass'n, Inc. v. Stewart Venture, LLC (2013) 300 P.3d 124, 128 citing Cohen v. Mirage Resorts, Inc. (2013) 119 Nev. 1, 22, 62 P.3d 720…)

Motion to Dismiss For Lack of Personal Jurisdiction

“When a party challenges personal jurisdiction, the plaintiff typically has the burden of producing evidence that establishes a prima facie showing of jurisdiction.” (Consipio Holding, BV v. Carlberg (2012) 282 P.3d 751, 754 citing Trump v. District Court (1993) 109 Nev. 687…)

Motion to Dismiss For Forum Non Conveniens

“Nothing in NRS 13.050(2)(c) requires the district court to impose conditions upon dismissal to ensure that a plaintiff can refile in any, let alone all, adequate alternative fora. Further, [reviewing courts] have held that ‘[a] district court has discretion to impose conditions on a forum non conveniens dismissal to ensure that the case may be heard in an alternative forum,’ [reviewing courts] have never held that a district court is required to ensure that a plaintiff's case may be heard in all adequate alternative fora.” (Allstate Fire & Cas. Ins. Co. v. LSP Prods. Grp., No. 77653, at *3 [Nev. May 29, 2020] citing Provincial Gov't of Marinduque v. Placer Dome, Inc. (2015) 131 Nev. 296…)

Motion Motion to Dismiss For Failure to Prosecute

“Under NRCP 41(e), ‘[a]ny action heretofore or hereafter commenced shall be dismissed by the court in which the same shall have been commenced ... unless such action is brought to trial within 5 years after the plaintiff has filed the action.’” (Saticoy Bay LLC v. JPMorgan Chase Bank, N.A. (2017) 388 P.3d 226 …)

New York

Motion to Dismiss for Lack of Personal Jurisdiction

The plaintiff must adduce evidence demonstrating there is a basis for asserting jurisdiction over the defendant; mere conclusory allegations in the complaint that defendant had the requisite contacts in New York cannot be considered...

Motion to Dismiss for Failure to Join

The court may dismiss one or more causes of action if it determines that it “should not proceed in the absence of a person who should be a party.” (Civ. Prac. Law & Rules, § 3211(a)(10).)

Motion to Dismiss under CPLR 3211(a)(7)

A motion to dismiss pursuant to Section 3211(a)(7) of Civil Practice Law and Rules “may be used by a defendant to test the facial sufficiency of a pleading in two different ways. On the one hand, the motion may be used to dispose of an action in which the plaintiff has not stated a claim cognizable at law. On the other hand…”

Motion for Partial Dismissal

The defending party may choose to file a partial motion to dismiss when it cannot show cause for dismissing the entire complaint. A partial motion to dismiss is subject to the same rules and authority as…

Motion to Dismiss, Generally

“A party may move for judgment dismissing one or more causes of action” on the ground that “a defense is founded upon documentary evidence.” (Civ. Prac. Law & Rules, § 3211(a)(1).)

Motion to Dismiss for Failure to Prosecute

A court shall dismiss an action for neglect to prosecute pursuant to Section 3216 of Civil Practice Law and Rules provided that the statutory preconditions to dismissal are met.

Motion to Dismiss for Forum Conveniens

In determining a forum non conveniens claim, New York courts consider the balance of the following facts: (1) The burden on the New York courts; (2) The potential hardship to the defendant…

Ohio

Motion to Dismiss For Failure to Prosecute

“The purpose of the notice requirement of Civ.R. 41(B)(1) is to ‘provide the party in default an opportunity to explain the default or to correct it, or to explain why the case should not be dismissed with prejudice.’” (Logsdon v. Nichols (1995), 72 Ohio St.3d 124…)

Motion to Dismiss For Lack of Personal Jurisdiction

“In response to a motion to dismiss for lack of personal jurisdiction, the plaintiff has the burden to make a prima facie showing of personal jurisdiction. [...] A trial court's decision whether to exercise personal jurisdiction over a party is a question of law.” (State v. Grand Tobacco (2007) 171 Ohio App. 3d 551…)

Motion to Dismiss For Forum Non Conveniens

“While a movant who has filed a motion to dismiss for forum non conveniens is not required to present documentary evidence in support of the motion, the movant does have the burden of producing evidence sufficient for the court to balance the interests of the parties.” (Salabaschew v. TRW, Inc. (1995) 100 Ohio App. 3d 503, 507 citing Piper Aircraft Co. v. Reyno (1981) 454 U.S. 235…)

Motion to Dismiss For Failure to State a Claim

“In resolving a Civ.R. 12(B)(6) motion to dismiss, the trial court may consider only the statements and facts contained in the pleadings and may not consider or rely on evidence outside the complaint.” (Powell v. Vorys, Sater, Seymour Pease (1998) 131 Ohio App. 3d 681, 684 citing Estate of Sherman v. Millhon (1995) 104 Ohio App.3d 614…)

Oklahoma

Motion to Dismiss For Lack of Personal Jurisdiction

“A state court may exercise personal jurisdiction over a nonresident defendant only so long as there exist ‘minimum contacts’ between the defendant and the forum State.” (See Basham v. Hendee (1980) 614 P.2d 87…)

Motion to Dismiss For Failure to Prosecute

It is well settled that “satisfying the burden of diligent prosecution is not based merely upon satisfying a procedure; but diligence is also based, in part, upon a good-faith presentation of the material facts to the trial court.” (See State ex Rel. Oklahoma Corp. v. McPherson (2010) 232 P.3d 458…)

Motion to Dismiss For Failure to State a Claim

“A motion to dismiss for failure to state a claim upon which relief can be granted may not be sustained unless it appears without doubt that the plaintiff can prove no set of facts in support of the claim entitling relief.” (See Brown v. Founders Bank and Trust Co. (1995) 890 P.2d 855…)

Motion to Dismiss For Forum Non Conveniens

Forum non conveniens is a common law doctrine authorizing a trial court to refuse to hear an action that would more appropriately be heard in another location.” (See Gulf Oil Company v. Woodson (1972) OK 164, ¶ 17, 505 P.2d 484, 488; Shepherd v. Kawasaki USA (2010) 239 P.3d 965…)

Pennsylvania

Motion to Dismiss For Forum Non Conveniens

“‘In Pennsylvania, the doctrine of forum non conveniens, which originated in Common Law, has been codified by statute: Inconvenient forum.-When a tribunal finds that in the interest of substantial justice the matter should be heard in another forum, the tribunal may stay or dismiss the matter in whole or in part on any conditions that may be just.’” (Lyndes v. Penn Cent. Corp. (2021) 2021 Pa. Super. 82, 10-11 citing 42 Pa.C.S.A. § 5322(e); Hovatter v. CSX Transportation , Inc. (2018) 193 A.3d 420…)

Motion to Dismiss For Failure to State a Claim

[A] complaint must not only apprise the defendant of the claims being asserted, but it must also summarize the essential facts to support that claim. (Landau v. Western Pa. Nat'l Bank (1971) 282 A.2d 335…)

Motion to Dismiss For Failure to Prosecute

“[W]here a delay in prosecuting a case is attributable to the defendant as well as the plaintiff, the defendant has waived his or her right to a judgment of non pros.” (Tri-State Asphalt v. Dept. of Transp (2005) 875 A.2d 1199, n.9 citing 7 Standard Pennsylvania Practice 2d § 39:98 [2003].)

Motion to Dismiss For Lack of Personal Jurisdiction

“Thus, there are two requirements necessary for Pennsylvania courts to exercise specific jurisdiction over a non-resident defendant: first, jurisdiction must be authorized by the Pennsylvania Long-Arm Statute; and second, the exercise of jurisdiction must comport with constitutional principles of due process.” (Schiavone v. Aveta, 2012 Pa. Super. 68, 4 [Pa. Super. Ct. 2012] citing Kenneth H. Oakes Ltd. v. Josephson (1989) 568 A.2d 215…)

Rhode Island

Motion to Dismiss For Forum Non Conveniens

“The doctrine of forum non conveniens allows a court to dismiss a case when a chosen forum — despite the existence of jurisdiction and venue — is so inconvenient that it would be unfair to the defendant to conduct its defense of the claim in that location.” (See Gulf Oil Corp. v. Gilbert (1947) 330 U.S. 501…)

Motion to Dismiss For Failure to State a Claim

It is well settled that pursuant to Rules of Civil Procedure, rules 12(b)(6), 56 “Where in connection with a motion to dismiss the complaint for failure to state a claim matters outside the complaint are to be considered, the motion is required to be treated as one for summary judgment.” (See Little v. Barnett Carter Co., Inc. (1978) 119 R.I. 686.)

Motion to Dismiss For Failure to Prosecute

“The Rhode Island Superior Court Rules of Civil Procedure, Rule 41(b)(2) reads: [o]n Motion of the Defendant. On motion of the defendants the court may, in its discretion, dismiss any action for failure of the plaintiff to comply with these rules or any order of court or for lack of prosecution as provided in paragraph (1) of this subdivision.” (See Monteiro v. Town of Middletown, No. NC-2005-0261, at *7 (R.I. Super. July 20, 2011).)

Motion to Dismiss For Lack of Personal Jurisdiction

It is also well settled that in the absence of personal jurisdiction, this Court “is not authorized to enter summary judgment on behalf of [the Defendant]. Therefore, this Court will treat the motion for summary judgment as a motion to dismiss for want of personal jurisdiction pursuant to Super. R. Civ. P. 12(b)(2). (See Mitchell v. Burrillville Racing Ass'n (1996) 673 A.2d 446, 448 [treating a motion for summary judgment as a motion to dismiss pursuant to Super. R. Civ. P. 12(b)(2) where lack of personal jurisdiction over defendants rendered entry of summary judgment in regard to those defendants inappropriate]; Pullar v. Cappelli, C.A. No. NC 2011-0238, at *1 (R.I. Super. May 29, 2015).)

Texas

Motion to Dismiss as Moot

“A case becomes moot if, since the time of filing, there has ceased to exist a justiciable controversy between the parties—that is, if the issues presented are no longer ‘live,’ or if the parties lack a legally cognizable interest in the outcome.”

Motion to Dismiss for Lack of Personal Jurisdiction

A defendant's motion may negate jurisdiction on a factual basis by presenting evidence to disprove the plaintiff's jurisdictional allegations. (Id.) A defendant's motion may negate jurisdiction on a legal basis by…

Motion to Dismiss Pursuant to the Texas Citizens Participation Act

The Texas Citizens Participation Act (TCPA) protects citizens who petition or speak on matters of public concern from retaliatory lawsuits that seek to intimidate or silence them. (Tex. Civ. Prac. & Rem. Code §§ 27.001 –.011.) The protection consists of a special motion for…

Motion to Dismiss, Generally

Although Fed.R.Civ.P. 12(b)(6) provides for a motion to dismiss for failure to state a claim upon which relief can be granted, the Texas Rules of Civil Procedure do not contain any analogous provision. Under the Texas Rules of Civil Procedure, the proper way for a defendant to urge that a plaintiff has failed to plead a cause of action is by special exception…

Washington

Motion to Dismiss For Failure to Prosecute

“CR 41(b) (1) provides for mandatory dismissal, where a plaintiff neglects to note the action for trial or hearing within 1 year after any issue of law or fact has been joined.” (See Lind v. Frick (1976) 15 Wn. App. 614 …)

Motion to Dismiss For Forum Non Conveniens

It is well settled that under the doctrine of forum non conveniens “courts have discretionary power to [decline] jurisdiction where, in the court's view, the difficulties of litigation militate for the dismissal of the action subject to a stipulation that the defendant submit to jurisdiction in a more convenient forum.” (See Myers v. Boeing Company (1990) 115 Wn. 2d 123…)

Wisconsin

Motion to Dismiss For Forum Non Conveniens

It is well settled that “Sec. 262.19, Stats., based on the doctrine of forum non conveniens, provides defendants with a device by which they can protect against the exercise of personal jurisdiction when there is serious question whether due process will be denied by subjecting a defendant to the jurisdiction of this state.” (See Dillon v. Dillon (1970) 46 Wis. 2d 659…)

Motion to Dismiss For Lack of Personal Jurisdiction

“A corporation may be subject to personal jurisdiction in a forum state under a theory of specific jurisdiction if it has certain minimum contacts with [the forum] such that the maintenance of the suit does not offend traditional notions of fair play and substantial justice.” (See Segregated Account of Ambac Assurance Corp. v. Countrywide Home Loans, Inc. (2017) 376 Wis. 2d 528…)

Motion to Dismiss For Failure to Prosecute

Specifically, “a circuit court has the inherent power to dismiss actions pending before it if they are not being prosecuted in a reasonably timely manner.” (See Schmidt v. Dragisic, Appeal No. 2016AP272, at *9 (Wis. Ct. App. July 25, 2017).)

Motion to Dismiss For Failure to State a Claim

“Conversion of a motion to dismiss into a motion for summary judgment is not required under Wis. Stat. subsection 802.06(2)(b).” (See CTI of Northeast Wisconsin, LLC v. Herrell (2002) 259 Wis. 2d 756…)

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