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The Holland Law Firm, P.C.

Criminal Records Identity Theft – What Does it Entail?

Tips for Lawyers

Striking Boilerplate Defenses in Federal District Court

Plaintiffs in federal court must file long, detailed complaints to avoid motions to dismiss for failing to meet the Supreme Court’s Twombly/Iqbal pleading standards. So, it can be vexing when a corporate defendant files answer with boilerplate affirmative defenses. The Supreme Court has not addressed what standard defendants must meet when they plead, and the… Read More »Striking Boilerplate Defenses in Federal District Court

What Is The Standard Of Review For A Motion To Dismiss In The United States District Courts In The Fourth Circuit?

Sometimes known as the “so what?” motion, the Defendant who files a Motion to Dismiss is saying that “even if everything you say is true, it still does not state a legal claim. It’s just a nothing-burger.” Because of the financial, emotional, and logistical commitment of prosecuting a lawsuit in federal court, the last thing… Read More »What Is The Standard Of Review For A Motion To Dismiss In The United States District Courts In The Fourth Circuit?

Ashley Lipson’s “Big 12” Objections

Ashley Lipson is the author of the excellent best sellers Guerrilla Discovery and Is it Admissible? (both available from James Publishing), among other books. He is also author of the award-winning Objection! computer games from Transmedia, Inc. A printout of Professor Lipson’s list of the “Big 12” objections can be found in the toolbox (and… Read More »Ashley Lipson’s “Big 12” Objections