It could easily be defeated as it presumes the author would not be able to demonstrate that he could be a member ( does not have to be ) of a protected class. Remember, should that be the case authors goal is not to score a touch down, it is to get a new set of downs i.e. move forward with a lawsuit.
Judges are very reluctant to toss something out that early if there's even an ounce of a possibility there could be a merit in a case.
It could easily be defeated as it presumes the author would not be able to demonstrate that he could be a member ( does not have to be ) of a protected class. Remember, should that be the case authors goal is not to score a touch down, it is to get a new set of downs i.e. move forward with a lawsuit.
Judges are very reluctant to toss something out that early if there's even an ounce of a possibility there could be a merit in a case.