By Stephen Thiele (May 2, 2024, 11:54 AM EDT) -- In any civil proceeding, the burden rests with the plaintiff to prove their claim on a balance of probabilities. The objective of the defendant is to ensure that the plaintiff does not satisfy this burden. Where it is obvious that the required elements of a cause of action are absent from a claim or there is no evidence to prove a required element, a defendant can seek to obtain the dismissal of the plaintiff’s claim using a pre-trial disposition motion and thereby avoid the significant costs of an ultimate trial....