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Politics : View from the Center and Left -- Ignore unavailable to you. Want to Upgrade?


To: kidl who wrote (539130)9/19/2025 4:54:31 PM
From: Doo1 Recommendation

Recommended By
kidl

  Respond to of 541515
 
For what it's worth, and without reading the opinion itself, here's a few guesses based on my civil litigation days.

The pleading requirement for a complaint is a "short and plain statement of the case." 80 odd pages for 2 defamation claims is a violation of that rule, and the complaint as drafted was likely stricken with leave to refile in compliance with the "short and plain statement" rule.

So, just so we don't get too excited by the headline, the case is not over. That's not to say it has any merit whatsoever -- based on what I have actually read of the suit, it is frivolous and likely to be dismissed at some point down the line.



To: kidl who wrote (539130)9/19/2025 7:15:56 PM
From: S. maltophilia  Read Replies (1) | Respond to of 541515
 
This complaint stands unmistakably and inexcusably athwart the requirements
of Rule 8. This action will begin, will continue, and will end in accord with the rules
of procedure and in a professional and dignified manner. The complaint is STRUCK
with leave to amend within twenty-eight days. The amended complaint must not ex-
ceed forty pages, excluding only the caption, the signature, and any attachment.

storage.courtlistener.com [short and sweet]

Why the 28 days provision? Seems like, if the lawyers didn't have the capo di tutti capi as their client, the judge was going to disbar them on the spot. Doo, if you're reading, is this common?