A partner with King & Spalding, LLP, Zachary Andrew McEntyre handles complex commercial litigation and class action defense. In line with the firm’s practice and clients’ best interests, Zachary Andrew McEntyre moves to have cases against his clients dismissed early on through aggressive motion practice. A motion to dismiss is an application made to the court to dismiss a case. It can be made by any of the parties in the case, whether plaintiff or defendant, on various grounds outlined in the Federal Rules of Civil Procedure. A defendant can file a motion to dismiss on any of the following grounds: - Lack of subject matter jurisdiction. Courts are empowered to only hear and determine matters that fall within their jurisdiction. Therefore, if a court does not have jurisdiction to rule on a particular matter, a defendant can move to dismiss the case based on that ground. - Lack of personal jurisdiction. If a court is not empowered to rule on a matter affecting a defendant because of such reasons as the person’s residency, the defendant can move to have the case dismissed. - Insufficient service of process. Service of summons should be done properly, in accordance to law. If the summons and complaint were not properly served to the defendant or if there is a technical fault in the summons, a defendant can move to have the case dismissed. - Failure to state claim for relief. If a plaintiff fails to state a claim or brings one that is insufficient to establish a cause of action, the defendant can move to have the case dismissed.
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AuthorAn experienced commercial litigator, Zachary Andrew McEntyre currently serves as a senior associate in King & Spalding’s Atlanta. Archives
January 2018
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