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Monday, April 30, 2012

What Does Motion to Dismiss Cancer Mean?

I joined Roger Royse in his efforts to raise money and awareness for the Leukemia and Lymphoma Society (LLS)!  The organization raises money and awareness about the cancers that occur in our blood, bone marrow and lymph nodes.  As part of its fundraising campaign, LLS sponsors a contest for Man or Woman of the Year where people earn the title by raising the most funds.  Win or lose, all the proceeds go towards LLS.

Roger's campaign offers many different types of events so there's bound to be something you will find interesting: 

https://www.facebook.com/MotionToDismissCancer/events

This small contribution will be to organize the 5k Run/Walk to take place on May 26, 2012 at 9:00 am in Palo Alto.  It will be a fun event for a good cause (and good for your health!) so please register at the link below.  And spread the word!


Working on this race every day, I consider the many non-attorney volunteers and participants who generously donate their time, so here follows an explanation of the legal parlance in "Motion to Dismiss Cancer" -- our campaign title.

Most sense that the title is part pun or double entendre.  At one level, everyone appreciates that "Motion" refers to the forward momentum for this worthy cause.  Also, for this event, it connotes running or walking.

What may not be so apparent to non-litigators is how a motion functions in its legal setting.  And what does it mean to ask for something to be "dismissed"?

Unlike the fast paced film and television dramas, a case moves toward trial in stages, by way of legal briefs or motions written and argued by the lawyers.  By then, the parties have delegated communications to their attorneys and they, in turn, churn the case through the legal process by communicating with the judge.  These communications are formal, written and carefully researched.  

Often, the first motion a court decides is a motion to dismiss.  This is how the defendant formally asks the judge to dismiss the complain.  If this happens, the case and all its complications and costs disappear.

So Motion to Dismiss Cancer is the playful notion that cancer can be similarly tossed out.  Except, we aren't asking a judge; we're asking each other.  A motion requires work and constant effort in both of its meanings but collectively, in numbers that are bigger and more powerful than the biggest and most powerful law firms, we can do it.  Together, we can move forward the research and development required to eliminate these ailments.  In our campaign, we'll have fun along the way too.

1 comment:

  1. I have never seen such a lucid and useful lay explanation of what must be an important and useful legal tool! Thank you for that and for your dedication to this important cause!

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