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Boeheim's Motion to Dismiss

In the big chess game that is the courts system, the Jim Boeheim & Syracuse University legal team made a big move Wednesday.  The filed a motion to dismiss the defamation lawsuit, on the grounds that the complaint fails to allege an actionable claim.  In other words, they argue that the "defamation" alleged does not fit the legal definition of defamation and, as such, there is no need for the case to proceed -- indeed, no legal basis for it to proceed.
I normally might recap the filing or explain what I think it means, but I would urge you to just read it yourself.  Though there's some legalese in it, I do think the lay person can figure it out.  It reads rather easy.  It sets out in simple terms exactly what the defense position is and why they take that position.  It's full of several citations to other court cases where courts (particularly appeals courts which have binding law decisions over trial courts).
It certainly seems to me that Boeheim and SU are sitting on some solid legal ground (which I have felt from the inception of this lawsuit).  The next step in this process will be for the Plaintiffs to file a response to the motion to dismiss, no doubt arguing their own law as to why the suit should stand.  It will be interesting to see what arguments Allred & Co. can come up with to counter the motion to dismiss.  Once the response is filed, the Court will then consider all the filings and make a ruling (there could also be oral argument on the motion as well).  If the judge grants the motion to dismiss, the lawsuit is concluded in favor of Boeheim and SU.  If the motion is denied, then the suit will continue with discovery, resolution of other legal issues (including the change of venue application) and head toward trial or settlement.  We'll keep you posted!

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