I was thinking about the judge's order while working outside a bit, and this occurred to me. It's obviously conjecture on my part, but it's within the realm of possibilities.
In all the complex litigation I was involved in, including in federal court, I never saw a 40 page complaint. That's what the judge has allowed Trump's lawyers after striking the 80 pager the initially filed. The claim they are making seems frivolous to me without even looking at the complaint in the case, 80 pages or not.
So, if I were a judge, might I consider giving Trump's lawyers 40 pages so that when I ultimately dismiss the case on those pleadings (meaning, without allowing them any opportunity to supplement with affidavits, engage in any discovery, etc., and waiting for summary judgment timelines required by the rules) it leaves them with no appeal issue? Dismissing cases on the pleadings alone is highly unusual, frowned upon in normal circumstances, and the rules make that clear as does the case law. Letting them plead the facts over 40 pages might make the record clear that dismissal is warranted without further proceedings. What possible basis could they have for claiming two counts of defamation in these circumstances? |
