Originally Posted by Vis
The CBA argument isn't a factual defense. If the Motion is correct on the 12(b)(6) grounds of simply failing to allege required elements in an Amended Complaint, that's the attorney's failure and doesn't speak to the merits. I' d be more interested in a SJ motion with attachments if you see one.
FYI is a link to the motion to dismiss the concussion lawsuits on the ground the claims for relief are preempted under the terms of the CBAs between the players and the league, together with a link to the amended master complaint