Hello Sam,
Motions to dismiss are standard. Most defendants file such motions on the faint hope that the motion will succeed, all the while knowing that they usually are denied. Even cases that are not particularly strong are usually allowed to go forward.
You have made a good point. This, however, is not a standard case. Counts 1 through 7 are rare enough as far as charges against a religious entity. They charge "malicious, fraudulent, and bad faith conduct" on the part of the WT. But Count 8, "Wrongful disfellowshipping", has no precedent in Tennessee case law. The courts traditionally shy away from anything that gets too close to the issue of seperation of church and state which may be what the WT was counting on. But the judge seems to have leaned toward the plaintiffs insistence that, even lacking legal precedence in the state of Tennessee, this may be an example of "wrongful disfellowshipping" in an attemp to 'silence' church members who would be 'whistle blowers'.
This is not just new to Tennessee. If the court agrees with the plaintiffs this could set a precedent in most if not all the states (There may have been a successful case of this sort in Canada). I agree though that we should not get our hopes to high. This is just another step in this processes but one in the right direction.
Good to hear from you,
Jst2laws