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WHEN A JUDGE IS FACED WITH A MOTION TO DISMISS, WHAT ULTIMATELY MATTERS?
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Date: May 5th, 2016 3:07 PM Author: Narrow-minded yellow roast beef The facts, the law, or the way the Judge thinks the case should be decided (http://www.autoadmit.com/thread.php?thread_id=3215196&forum_id=2#30414705) |
Date: May 5th, 2016 3:14 PM Author: cobalt jap Whether the judge thinks it's a BS claim as he reads between the lines, the judge's pro-P or pro-D general biases, willingness to risk reversal (which often goes hand-in-hand with complexity of the complaint and the intelligence of the judge), and how easy it is to chop off some but not all of the claims so that the parties are more likely to settle. (http://www.autoadmit.com/thread.php?thread_id=3215196&forum_id=2#30414756) |
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Date: May 5th, 2016 3:22 PM Author: Narrow-minded yellow roast beef Good points. Do you think the judge often tailors his reasoning of a case he or she decides to arrive at the ruling he or she wants, rather than the ruling the "law" would seemingly dictate ? (http://www.autoadmit.com/thread.php?thread_id=3215196&forum_id=2#30414811) |
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Date: May 5th, 2016 3:49 PM Author: cobalt jap It's not binary and even the most bleeding heart lib judges will grant MTDs in shit cases, and even the most pro-D judges will deny MTDs in plausible cases. A willful judge may try to ignore the law, and it's very easy at the MTD stage. I've seen several instances where there's a bright-line rule all but requiring dismissal that the judge basically ignores, telling the parties he wants an informed SJ record. (http://www.autoadmit.com/thread.php?thread_id=3215196&forum_id=2#30415010) |
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Date: May 5th, 2016 3:51 PM Author: Narrow-minded yellow roast beef lol. So at the SJ stage, what does the judge ultimately use to make his or her decision? The law, the record, or his idea of what would be fair? (http://www.autoadmit.com/thread.php?thread_id=3215196&forum_id=2#30415029) |
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Date: May 5th, 2016 3:51 PM Author: cobalt jap All three. (http://www.autoadmit.com/thread.php?thread_id=3215196&forum_id=2#30415033) |
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Date: May 5th, 2016 4:03 PM Author: Narrow-minded yellow roast beef What sort of fairness considerations do you think would matter for a reasonable judge? (http://www.autoadmit.com/thread.php?thread_id=3215196&forum_id=2#30415125) |
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Date: May 5th, 2016 3:26 PM Author: Heady Hospital Place Of Business a) whatever the Judge thinks is fair
b) whatever will result in less work for him
I just had a judge DENY Def's Motion to Dismiss due to no responding to discovery. Judge could've killed the case without fear of reversal, but after hearing both sides speak, Judge decided to let the case continue since it would probably end in a settlement. |
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Date: May 5th, 2016 3:42 PM Author: Narrow-minded yellow roast beef interesting...how often do judges seriously and scrupously take the law seriously--to the extent that they tell the clerks, this statute or provision of the law requires that we rule X? (http://www.autoadmit.com/thread.php?thread_id=3215196&forum_id=2#30414960) |
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Date: May 5th, 2016 3:46 PM Author: Heady Hospital Place Of Business When it's clear as day that they'll get REVERSEDBIGWILLIESTYLE if they don't follow statute or precedent.
I've had Judges tell me in chambers that they FUCKING HATED Attorney on X side of the case, but they had not choice but to rule in their favor. |
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Date: May 5th, 2016 3:50 PM Author: Narrow-minded yellow roast beef lol. Doesn't this assume that appellate judges will also strictly follow the law, whereas they probably focus on policy/fairness issues? (http://www.autoadmit.com/thread.php?thread_id=3215196&forum_id=2#30415018) |
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Date: May 5th, 2016 3:53 PM Author: Heady Hospital Place Of Business Appellate Judges are just as lazy.
They won't overturn the Trial Judge unless they dropped at least 3 "nigger-bombs" on the record while drunk. |
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Date: May 5th, 2016 4:21 PM Author: Narrow-minded yellow roast beef How do you usually draft your briefS? (http://www.autoadmit.com/thread.php?thread_id=3215196&forum_id=2#30415269) |
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Date: May 5th, 2016 3:42 PM Author: submissive chapel toaster The cut of your jib. (http://www.autoadmit.com/thread.php?thread_id=3215196&forum_id=2#30414962) |