Economic Loss Plaintiffs Don't Step Up To The Plate

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When we convince a court that an action against one of our clients must be dismissed for failure to state a claim – say, for TwIqbal reasons – under Rule 12, we sometimes say that the plaintiff's case was so poor that s/he couldn’t even get to first base. A much rarer form of dismissal, however, essentially holds that the plaintiffs can’t even get to the plate, let alone to first base. That’s when a complaint is dismissed for lack of standing. A dismissal for lack of standing recently occurred in In re McNeil Consumer Healthcare, Marketing & Sales Practices Litigation, 2011 WL 2802854 (E.D. Pa. July 15, 2011). When that kind of dismissal occurs, you can bet the complaint is really bogus.

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