What is a motion to strike or dismiss in a class action lawsuit?

A motion to strike or dismiss in a class action lawsuit is a formal request by one party to the court to throw out a case, issue, or an entire lawsuit. In Arkansas, a motion to dismiss must be filed before the answer to the complaint. It is usually requested when the plaintiff has failed to state a claim that is supported by facts and that can be legally recognized by the court. A motion to strike is also a formal request made by one party to the court but it seeks to eliminate certain issues or requests that have been made within the complaint. The motion is usually to prevent the other party from going any further with the given issue. When either of these motions is made, the court will need to review the case and determine whether the plaintiff has in fact failed to provide proof to back up their claims. The court may also make a decision to dismiss if the complaint is considered “frivolous” or legally “insufficient”. In Arkansas, if either of the motions are granted, the class action lawsuit will be dismissed and the plaintiff will not be able to pursue the case any further.

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