They can give you guidance on whether you do or don't have a claim, whether your case is barred, etc. Show them your file and let them give you guidance based on the actual facts and pleadings that are before the court. I would encourage you to get an in-person consultation with a lawyer. Is it because the statute of limitations has already run? Is it because you already brought this case, tried it on the merits, and lost? Lawyers sometimes say to each other "Beware of when you know for a fact you are right." Sometimes, it is possible to be so laser focused on one thing, you aren't seeing other possible scenarios. You said the Defendant said your claim is "barred" but you didn't say WHY they say your claim is barred. They could say that everything you said it true but that it still doesn't support your claim. When a 12(B)(6) motion to dismiss to brought by a Defendant, they are saying that you didn't allege facts to support a claim. Is that only true for the 12b6 and/or only true while it's active? Does filing a motion for summary judgment while the 12b6 is active somehow keep the admissions in consideration? Is that a cross motion? How does a cross motion differ from a regular motion? Is it too late for a cross-motion since I already filed an opposition? Can I now also file a motion (cross-motion?) for summary judgment, arguing that by bringing the 12(b)(6), the defense effectively conceded my alleged facts? Or can they concurrently deny the allegations as material/disputed? I think I am entitled to judgment as a matter of law IF Defendant's motion means my factual allegations must be considered undisputed. I believe they're wrong on the law and I opposed their motion, citing control authority. They insisted any leave to amend would be futile. The defense filed a 12(b)(6), arguing my claims were barred and my allegations were thus immaterial. Do those admissions outlive the motion? I brought a civil action in federal court. I understand that for the purpose of a 12(b)(6) motion to dismiss, the defendant essentially admits as true all well-plead factual allegations in a complaint.
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