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SUBSTANTIVE TORT ISSUES

SUMMARY OF RULING

Following the defendant’s pleading to have all the causes of action in her case dismissed for various reasons, Judge Haas denied the pleading. The Judge gave various reasons to counter the defendant’s motion to the Plaintiff’s complaint and all counts (4 causes of action) dismissed. In particular, the Judge noted that the determination of the motion in that stage was not for finding facts or determining issues that are in dispute between the parties. However, Judge Haas argued that in considering the motion to dismiss, he must review the facts in the light most favorable to the nonmoving party, and could only dismiss the cause of action if he ruled that there was no