I think we put too much into this ESPN article. I doubt its as simple as the article makes it out to be. For instance for all we know there are other claims in the lawsuit not mentioned. Moreover, the lawsuit may "allege" some conspiracy theory which at this stage makes it impossible to dismiss. Remember the burden is on the Plaintiff and at this stage there has been no evidence before the court. So the court can only dismiss a case based on the original pleadings (i.e. allegations) if the court finds under no reasonable circumstance can a claim be made out BASED on the allegations. Since we don't have the complaint (allegations) before us who are we to second guess the judge?
Calm down and wait until the evidence-or lack of-is shown. My hunch is that is when the case will be dismissed. FWIW courts are very reluctant to show the door to a Plaintiff based on the allegations in a complaint. Often they will give the Plaintiff multiple times to amend the pleadings in order to give the Plaintiff an opportunity to show the court that indeed there MAY be a case. Here the Plaintiff has an attorney so the leash will be quite short.
Your right that the legal system has problems. This isn't one of them-unless of course the ESPN article has attached the complaint itself and we can see clearly that no possible claim can be made out even if we assume the allegations can be proven. That's the standard when a judge is faced with the original pleadings. I suspect there is SOMETHING in the allegations that makes it difficult to dismiss at this stage. Once again, no evidence-or lack of- has been offered to this judge yet.
