Data indicates that a motion to dismiss filed in response to a lawsuit can take at least 3 months to resolve. But how likely is it that those customarily-filed motions are likely to succeed?
Docket Alarm data reveals that, since 2015, 50% of federal court motions to dismiss are completely successful. A further 25% are partially granted, eliminating at least some of the claims made by the plaintiff.
It is worth noting that these motions are sometimes granted without prejudice, giving the plaintiffs an opportunity to refile their complaint in response to the judge’s instruction.
Certain case types may drive this trend. Real property, civil rights, and prisoner cases are among the most-dismissed case types, as are personal injury and insurance matters. Intellectual property and employment-related case types, on the other hand, are least likely to be dismissed, with only 20% of trademark cases dismissed.