Winning Quickly: Defeating Contract Claims With a Motion to Dismiss (Part II of II) continues the discussion on the numerous case examples of defeating contract claims and an analysis of trends regarding dismissals of contract claims since the 1970s. Part I of this article demonstrated that, compared to the last 30 years of the 20th century, in the last 15 years there has been a dramatic increase in the number of appellate decisions affirming Rule 12(b)(6) dismissals of contract claims.
By Scott A. Miskimon and Lauren H. Bradley
The Litigator, Published by the Litigation Section of the North Carolina Bar Association ~ Section Vol. 36, No. 3