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PharmAthene, Inc. Message Board

  • slonge11 slonge11 Nov 2, 2010 2:17 PM Flag


    Please read up a little on how lawsuits work and you will realize that the granting of a motion to dismiss or summary judgement are both PROCEDURAL rulings that have no effect on the SUBSTANCE or merits of the actual case. On a motion to dismiss, a judge's decision that there would be a legal remedy available (IF and assuming the claims are true) says nothing regarding the potential success of the ultimate trial proceeding. Same goes for a summary judgement motion when the judge decides that there are enough material facts in dispute to go to trial. Procedure v. substance is an important distinction missed by many outside of the legal profession.


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