April 15, 2008
The proposed changes to this rule are very positive and absolutely necessary. At present, motions to dismiss are filed in every case, not just once, but several times.
An inordinate amount of time is spent on these motions. For example, I am in the middle of a hearing. Dealing with the 2nd motion to dismiss, the transcript has been ordered and a full hearing on the motion to dismiss will be held. This is not appropriate in arbitration.
Motion to dismiss are being used to deny the Claimants their day in "court."