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I will draft a motion to dismiss for failure to state a claim
Licensed US Attorney: Federal Rule 12 b 6 And Court Motion Specialist
I am Marie Helena, Esq. (Bar #328623), a licensed US attorney specializing in federal and state civil litigation, court pleadings, and dispositive motions. I draft aggressive, research-backed Rule 12(...
About this Gig
When a plaintiff files a lawsuit lacking essential statutory elements or factual support, filing a Motion to Dismiss for Failure to State a Claim is the most direct way to terminate the action before costly discovery.
I am Chelsea Marie Helena, a licensed US Attorney (#328623). I specialize in identifying fundamental legal deficiencies in opposing complaints and transforming those flaws into court-ready dispositive motions.
Common Defects I Target:
- Missing essential elements of statutory or common-law claims
- Conclusory assertions unsupported by specific factual allegations
- Claims barred on the face of the complaint by statutes of limitations
- Lack of contractual privity or failure to allege actionable damages
- Non-compliance with heightened pleading requirements (e.g., fraud claims)
What You Receive:
- A structured, persuasive Motion to Dismiss tailored to your court
- Direct application of statutory elements and controlling precedent
- Full formal caption, legal standard section, signature block, and Proposed Order
- Rapid delivery to ensure compliance with responsive pleading timelines
Defend your case effectively. Select your package now to get started.
Field of law:
Civil rights
Target country:
United States
Legal consulting Gigs are not screened
Please note that there is no screening process for this service. We recommend that you message the freelancer and check all necessary details before placing your order. Pro freelancers in this category have gone through a vetting process. You can find more details here.
Other Legal Consulting Services I Offer
FAQ
What does "failure to state a claim" mean legally?
It means that even if every factual allegation in the plaintiff’s complaint is assumed to be true, the law still provides no legal remedy or basis for recovery against you.
Can you dismiss complaints that include fraud or misrepresentation?
Yes. Claims alleging fraud must meet heightened pleading standards (such as Rule 9(b)), requiring specific facts regarding the who, what, when, and where. I specialize in challenging these deficiencies.
Does this motion prevent having to answer the complaint immediately?
Yes. In most jurisdictions, filing a timely Motion to Dismiss tolls (pauses) the deadline to file a formal Answer until the judge issues a ruling on the motion.
