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Ashcroft v. Iqbal: let's bash this TTT
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Date: February 4th, 2012 11:25 PM Author: Turquoise multi-colored property halford Shit like this decision will haunt us more than the Japanese internment camps. (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897753) |
Date: February 4th, 2012 11:25 PM Author: Dashing Brunch (1L) (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897760) |
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Date: February 4th, 2012 11:26 PM Author: fragrant seedy shrine dingle berry (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897768) |
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Date: February 4th, 2012 11:27 PM Author: Turquoise multi-colored property halford Um obviously. (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897777) |
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Date: February 4th, 2012 11:27 PM Author: fragrant seedy shrine dingle berry okay well you're an idiot and you're wrong (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897778) |
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Date: February 4th, 2012 11:30 PM Author: Turquoise multi-colored property halford I'm just trying to please slim_shady_man with a law-related thread. (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897797) |
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Date: February 4th, 2012 11:26 PM Author: Appetizing umber international law enforcement agency Twombly? (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897770) |
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Date: February 4th, 2012 11:28 PM Author: White forum Iqbal applies Twobley's reasoning to non anti-trust contexts (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897785) |
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Date: February 4th, 2012 11:43 PM Author: histrionic public bath (dood who got b+ in civpro) (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897905) |
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Date: February 4th, 2012 11:28 PM Author: White forum district judges either put a bunch of stock in it or none at all (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897779) |
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Date: February 4th, 2012 11:29 PM Author: Dashing Brunch this. Its impact has been somewhat blunted by the way some courts actually apply it.
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Date: February 4th, 2012 11:55 PM Author: narrow-minded feces there's a bunch of empirical papers that have confirmed twombly/iqbal are basically only statistically relevant in discovery-heavy cases. (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19898006) |
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Date: February 4th, 2012 11:28 PM Author: Deranged hyperventilating stead A steaming pile of shit is what it is. (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897786) |
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Date: February 4th, 2012 11:32 PM Author: White forum (TTT plaintiff's attorney) (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897812) |
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Date: February 4th, 2012 11:34 PM Author: Deranged hyperventilating stead (fucking idiot knee jerk neocon with no perspective on the civil justice system) (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897825) |
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Date: February 4th, 2012 11:35 PM Author: Curious confused psychic (guy who wants to drive costs up with meritless discovery) (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897835) |
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Date: February 4th, 2012 11:36 PM Author: fragrant seedy shrine dingle berry 180 (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897851) |
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Date: February 4th, 2012 11:38 PM Author: Deranged hyperventilating stead Fucking LOL. Show me the "costs of litigation" as % of corp revenues. It's shit. Even if it weren't the cost would be far outweighed by the benefit of a justice system that the citizens could actually avail themselves of. (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897867) |
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Date: February 5th, 2012 10:47 AM Author: opaque station wow, dood are you actually arguing that meritless discovery is ok, cause it's always big corps and they can afford it? You're a 2L tops. (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19899744) |
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Date: February 5th, 2012 1:19 PM Author: house-broken base pervert strike "citizens" and replace with "shithead rent-seeking plaintiffs attorneys" (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19900949) |
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Date: February 4th, 2012 11:30 PM Author: Sick Stain So if the compl had said "on oct 19, 2001, Mr Ashcroft approved the imprisonment of Iqbal without a warrant" it would have survived. (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897798) |
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Date: February 4th, 2012 11:30 PM Author: fragrant seedy shrine dingle berry that would be implausible (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897803) |
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Date: February 4th, 2012 11:36 PM Author: Deranged hyperventilating stead (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897843) |
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Date: February 4th, 2012 11:36 PM Author: fragrant seedy shrine dingle berry but it really would be (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897847) |
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Date: February 4th, 2012 11:38 PM Author: Deranged hyperventilating stead tyft (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897871) |
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Date: February 4th, 2012 11:52 PM Author: Turquoise multi-colored property halford I meh'd, but then I lol'd. (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897978) |
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Date: February 4th, 2012 11:54 PM Author: fragrant seedy shrine dingle berry well seriously, the allegation was that ashcroft used 9/11 as an excuse to arrest lots of arabs, rather than that they thought the arabs might be terrorists. that is kind of implausible (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19898003) |
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Date: February 5th, 2012 12:13 AM Author: Turquoise multi-colored property halford *strokes chin* (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19898149) |
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Date: February 5th, 2012 11:03 AM Author: laughsome codepig lettuce Greetings, LET THE EAGLE SORE |
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Date: February 4th, 2012 11:46 PM Author: histrionic public bath to be fair, the iqbal and towmbly decisions aren't new and have been around for a long time
we should bash that ttt conley |
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Date: February 5th, 2012 1:20 PM Author: house-broken base pervert nah this was all caused by that cunt dioguardi (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19900956) |
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Date: February 4th, 2012 11:46 PM Author: Doobsian friendly grandma As courts never took Conley literally anyway, it's a fucking meaningless opinion that only offends Brooklyn Jews who spent 6 months in practice 30 years ago and now scream at 22 year olds that ARE ACTIVIST COURT is taking away ARE PLAINTIFFS FIRMS (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19897924) |
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Date: February 5th, 2012 1:20 PM Author: house-broken base pervert (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19900960) |
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Date: February 5th, 2012 10:25 AM Author: contagious pit Gives me more 12(b)(6) motions to write, and therefore more work to bill. In the end, that's the thing the matters. (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19899677) |
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Date: February 5th, 2012 10:30 AM Author: Frum spot community account Win on 12(b)(6) --> no discovery --> less billables. (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19899691) |
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Date: February 5th, 2012 10:54 AM Author: contagious pit Just do dismiss without prejudice and refile the complaint, bro. (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19899769) |
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Date: February 5th, 2012 11:05 AM Author: glassy zombie-like rigpig This. It always surprises me that the partner and client think that we need to file a 12(b)(6). We spend all of this money drafting this thing and even if we win the plaintiff refiles in a week with a slightly less shitty complaint. (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19899812) |
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Date: February 5th, 2012 1:21 PM Author: White forum could a court ever dismiss with prejudice at that stage? (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19900972) |
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Date: February 5th, 2012 1:45 PM Author: stirring institution im not a civil litigator but isnt it supposed to "narrow the issues" or some shit.
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Date: February 5th, 2012 1:18 PM Author: scarlet box office weed whacker Clerk on d.ct. and you'll love Twombly/Iqbal. The only criticisms I see are the garden-variety "this will deter justice and let people get away with harming poor people." No, it won't. If you were hurt, plead some specific fucking facts about who/when/where. If you can't even come up with that, then you shouldn't be filing a lawsuit in the first place. (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19900941) |
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Date: February 5th, 2012 1:20 PM Author: house-broken base pervert PWN PWN PWN (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19900966) |
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Date: February 5th, 2012 1:25 PM Author: wonderful azure orchestra pit dragon Does your judge use Twombly/Iqbal to fuck over Plaintiffs by getting their complaints dismissed? (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19901010) |
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Date: February 5th, 2012 1:38 PM Author: scarlet box office weed whacker He'd only be fucking them over if he knew their complaints should have passed 12(b)(6) but he dismisses them anyway, or if he somehow *knew* that there was a meritorious claim but he dismissed it anyway. Neither of these ever happened.
Judges don't fuck plaintiffs over with Iqbal/Twombly. Their lawyers fuck them over. And if the second/third/whatever amended complaint still can't come up with a decent story with specifics, then I would never feel bad tossing the suit. |
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Date: February 5th, 2012 1:42 PM Author: wonderful azure orchestra pit dragon Does your Judge--when reviewing the initial complaint filed through PACER--ever suggest how he is going to decide the case? Like does your judge decide cases on the basis of fairness and justice? Or does he try to stick to the letter of the law? (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19901151) |
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Date: February 5th, 2012 1:43 PM Author: White forum why the fuck do you constantly ask this (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19901162) |
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Date: February 5th, 2012 1:50 PM Author: scarlet box office weed whacker If we had a conversation about a complaint before an MTD was filed and briefed by both sides, he usually wouldn't suggest how he'd decide unless it was pretty obvious that the complaint should be dismissed.
I think every judge tries to follow the letter of the law. Fairness/justice is very hard to discern in civil litigation because everyone's out to make a buck. In crim cases he'd make the gov't attorneys do their work and wouldn't try to find some excuse to screw over the defendant. He was a somewhat conservative guy but he didn't care if that meant the bad guy goes free--his attitude seemed to be "whatever, another shithead back in the drug trade, just another drop in the bucket." |
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Date: February 5th, 2012 1:21 PM Author: house-broken base pervert BUT BUT BUT i thought conservatives LOVED fishing expeditions! (http://www.autoadmit.com/thread.php?thread_id=1865494&forum_id=2#19900970) |