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A motion to dismiss is a disfavored motion in Iowa.
Dismissal is appropriate only if accepting all pleaded facts as true, and resolving ail ambiguities or doubts in the plaintiff's favor, the Court can conclude that no state of facts is conceivable under which the plaintiff may establish a right of recovery.
Defendants seek dismissal of Count I of the Petition, claiming that the pleading fails to allege the necessary elements of reliance, damages and intent to deceive.
Dismissal is appropriate where a party asserts a claim not recognized under applicable law, or a claim barred on legal grounds, or where the party has not alleged sufficient facts to establish all requisite elements of a claim.
Dismissal is warranted where the plaintiff's allegations, considered as a whole, are conclusory and devoid of factual basis.
The Court should dismiss claims at the first opportunity which by their nature subject a speaker to a chilling of First Amendment rights by the very process of answering, discovery, and judicial inquiry.(16) The State's fifth allegation should be dismissed.
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