See my thread from last night.
Technically what Judge Brann did was grant the defendant's motion to dismiss.
A motion to dismiss is what a defendant brings at the start of a lawsuit to get rid of totally frivolous claims so the court doesn't have to waste time.
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Technically what Judge Brann did was grant the defendant's motion to dismiss.
A motion to dismiss is what a defendant brings at the start of a lawsuit to get rid of totally frivolous claims so the court doesn't have to waste time.
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https://twitter.com/heartadamschiff/status/1330510311506518020
It's usually hard to win on a motion to dismiss because courts prefer to see the evidence and decide on the merits.
To win on a motion to dismiss, the lawsuit as filed has to be so fatally defective so that there is no point having a trial or hearing.
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To win on a motion to dismiss, the lawsuit as filed has to be so fatally defective so that there is no point having a trial or hearing.
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For example, suppose I sue you on the claim that you are ugly and therefore you owe me $1 million dollars.
There are a few problems with that.
The main problem, in legal terms, is that I have failed to state a cause of action.
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There are a few problems with that.
The main problem, in legal terms, is that I have failed to state a cause of action.
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So you file a motion to dismiss. The judge looks at my pleadings (my complaint) and says, "Even if what she alleges is true, she is not entitled to relief."
IOW, even if it's true that you are very ugly, I am not entitled to $1 million.
So no point going to trial.
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IOW, even if it's true that you are very ugly, I am not entitled to $1 million.
So no point going to trial.
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It's hard to win because courts liberally construe the complaints. All you have to do is allege ANYTHING that entitles you to relief, and you get to move forward.
Sometimes a complaint (the document that kicks off the lawsuit) does have an error, but one that can be fixed.
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Sometimes a complaint (the document that kicks off the lawsuit) does have an error, but one that can be fixed.
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In that case, the judge gives you leave to file an amended complaint.
This judge said NOPE, you cannot even file an amended complaint.
That's the "dismissed with prejudice" part. The complaint was so defective he didn't allow for refiling.
That is a 🔥🔥🔥(ouch)
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This judge said NOPE, you cannot even file an amended complaint.
That's the "dismissed with prejudice" part. The complaint was so defective he didn't allow for refiling.
That is a 🔥🔥🔥(ouch)
6/
As a strategic matter, if a complaint has defects that can be fixed easily, defendants may not file a motion to dismiss because that just allows the plaintiffs to clean up the complaint and strengthen it.
So to have your complaint dismissed with prejudice = frivolous.
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So to have your complaint dismissed with prejudice = frivolous.
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Other questions I'm getting can probably be answered in this thread I wrote last night ⤵️
(there is overlap)
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(there is overlap)
https://twitter.com/Teri_Kanefield/status/1330375131487760385
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I'll just put this here: Team Trump appealed to the Third Appellate district court: drive.google.com/file/d/1NaBVOU…
They're asking to be able to file an amended complaint in the lower court.
In other words, they're appealing the "dismissed with prejudice" part.
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They're asking to be able to file an amended complaint in the lower court.
In other words, they're appealing the "dismissed with prejudice" part.
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They are not asking for an order to prevent Pennsylvania from certifying the results of the election, which should happen tomorrow.
They're asking for the briefing to be expedited so that their claims can be heard in the lower court by December 8th.
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They're asking for the briefing to be expedited so that their claims can be heard in the lower court by December 8th.
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What's totally weird is what they hope to get out of this.
Given what the lower court said about their claims, and given what they want to add (more equal protection, civil rights stuff) there is no way the lower court judge will rule in their favor. Just no way.
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Given what the lower court said about their claims, and given what they want to add (more equal protection, civil rights stuff) there is no way the lower court judge will rule in their favor. Just no way.
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If they get their way, they get to file an amended complaint in the lower court, at which time the defendants will file another motion to dismiss (because it's clear from this request that the amended complaint will be as frivolous).
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12/
Even if the lower court allows them a hearing where they can present their evidence, we're looking at mid-December (if things go the speed of a locomotive.)
They'll lose. Then they'll appeal to the Third Appellate District Court.
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They'll lose. Then they'll appeal to the Third Appellate District Court.
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By the time they get to the Supreme Court, Biden will be sworn in.
So you know what? This is all theater.
It's a stunt.
They want to be able to present bogus evidence in court for the headlines and to keep people focused on their bogus claims.
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So you know what? This is all theater.
It's a stunt.
They want to be able to present bogus evidence in court for the headlines and to keep people focused on their bogus claims.
14/
Ha! I called the court by the name of the California appellate court. Habit.
https://twitter.com/Bobsalltimehits/status/1330715422912618496
They appealed the motion to dismiss. If they win, they go back to the lower court, where they'll lose again.
Then they'll have to appeal again.
Think of it as a yo-yo.
Do you know more about appellate and civil procedure than you ever wanted to know? 🤓
Then they'll have to appeal again.
Think of it as a yo-yo.
Do you know more about appellate and civil procedure than you ever wanted to know? 🤓
https://twitter.com/Capt_Coleen/status/1330721726460817409
That's what's totally weird. They didn't ask.
Did they forget?
Did they not want to ask and get rejected which would make people say 'what's the point.'
Will they rush to court tomorrow with an amended motion asking for it?
Did they forget?
Did they not want to ask and get rejected which would make people say 'what's the point.'
Will they rush to court tomorrow with an amended motion asking for it?
https://twitter.com/BtmZip/status/1330722712784932866
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