SchizoNerd420
kiwifarms.net
- Joined
- Mar 15, 2025
Perhaps this is needlessly pedantic, but its too late for him to file a motion to dismiss for failure to state a claim. If he wanted to do that, he should have done it before filing an answer. At this stage, he can file a motion for judgment on the pleadings, or a summary judgment motion. And he can make that same argument (that the federal statute doesn't apply because he sent the videos before it was enacted) in a summary judgment motion.If she can't show an instance of him sharing one of her videos after October 2022, he will most likely file a motion to dismiss with prejudice after or maybe even during the discovery phase.