The ultimate goal of the defense in every case is to dispose of the claim prior to trial. If that goal cannot be accomplished, the secondary goal is to try and narrow the claims and potential damages prior to trial. Although each case is factually unique, in many cases the most difficult elements for a plaintiff to prove are causation and damages, and in some cases it may be difficult for a plaintiff to overcome a statute of limitations defense.
The earliest time that a dispositive attack can be made on a plaintiff’s complaint is at the initial pleading state. However, with limited exceptions, a challenge at that time is limited to the allegations set forth in a plaintiff’s complaint and must assume that the allegations of the complaint are true. To successfully challenge a claim at this stage, a defendant must show that even if the allegations of a plaintiff’s complaint are true, he or she still does not have a viable claim because of some defense.
