Can You Get a Frivolous Lawsuit Against Your Business Dismissed?

Is your company facing a lawsuit? Whether from a vendor, supplier, customer, or employee, you have the right to defend your company against a legal claim. You may be wondering: Can you get a frivolous lawsuit dismissed? The answer is “yes”—but it will not happen on its own. Your company needs a proactive strategy to get an unjustified complaint dismissed at the early possible stage in litigation. In this article, our West Palm Beach commercial litigation lawyer highlights key things to know about getting a lawsuit against your business dismissed.

Your Attorney Should File a Motion to Dismiss As Soon as Possible 

You cannot rely on a Florida court to dismiss a frivolous lawsuit on its own. Your company’s West Palm Beach commercial litigation defense lawyer should file a motion to dismiss as soon as possible after determining a lawsuit is frivolous. Broadly speaking, a motion to dismiss is a formal request your lawyer can file to ask the court to throw out a case before it goes to trial. Most often, the motion argues that even if all the allegations in the lawsuit are true, there is no legal basis to proceed with the case. An early dismissal of a lawsuit can save time, save money, reduce stress, and also deter future frivolous lawsuits against your business.

Understanding the Grounds to Dismiss a Lawsuit 

To be clear, a motion to dismiss is not the time to argue your entire case. A motion to dismiss is an opportunity to try to stop a case from moving forward in the first place. There are several potential grounds upon which a lawsuit against a business could be dismissed. Examples include:

• Lack of Subject Matter Jurisdiction: The court may not have the authority to rule on the issue presented.
• Lack of Personal Jurisdiction: The court may not have control over the party being sued. For example, if your business is being sued in California without any actual ties to that state, you may be able to get the case thrown out.
• Failure to State a Claim: One of the most common grounds used in a motion to dismiss, this argues that the lawsuit fails to allege a claim upon which relief can be granted. In other words, you argue that the plaintiffs had not even plead sufficient reliable facts to support a claim at all.
• Statute of Limitations: A motion to dismiss on these grounds argues that the lawsuit was filed after the expiration of the legal time limit. A statute of limitations defense could be a viable way to get a lawsuit dismissed in certain circumstances.

Contact Our South Florida Business Litigation Defense Lawyer Today

At Pike & Lustig, LLP, our Florida commercial litigation attorney provides the solutions-first legal advocacy that companies can trust. If you want to get a lawsuit against your business dismissed, we are here as a legal resource. Contact us today for your initial consultation. With an office in West Palm Beach and an office located in Miami, we provide business litigation defense services across South Florida.