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Forget Plausibility – Three Tools to Help Your Motion To Dismiss In Minnesota State Court, Even After Walsh

January 31, 2019

By Jeffrey M. Markowitz

"Justice delayed is justice denied." That legal maxim recognizes that securing justice eventually is not enough. The injury of delay can deny, or at least diminish, later-secured justice. Often the battle cry of the plaintiff seeking prompt redress, so too may the maxim be the battle cry of the defendant seeking prompt dismissal of a claim destined for a defense judgment. The longer it takes a defendant to march toward justice, the more time, burden, and expense even ordinary litigation will cause. And, particularly if the claim should never have made it past the pleadings stage, every dollar and hour spent in discovery diminishes eventually secured justice.