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Reflections on the Motions to Dismiss

By K.C. Johnson

The several hundred pages of briefs filed last Friday contained four items of note. Two were genuine surprises?even at a stage in the process when only the most jaded person could be surprised about the case. Two more were expected legal arguments?but nonetheless spoke volumes about the atmosphere in Durham and at Duke. The surprises: 1.) Duke attorneys obliquely revived the ?something happened? argument. When a judge evaluates a motion to dismiss, factual claims of the plaintiffs (in this case, the lacrosse players) must be accepted as true. Duke?s attorneys therefore had no legal rationale for challenging the factual claims of the players. They certainly had no legal rationale for challenging the factual conclusions of the Attorney General?s report...continue to full post

Full post as published by Durham-in-Wonderland on June 02, 2008 (boomark / email).