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Thread: Judge Dismisses Clock Boy Suit

  1. #31
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    Quote Originally Posted by Tahuyaman View Post
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    Quote Originally Posted by DGUtley View Post
    Boy that takes me all the way back to 1984, first year law school. Without doing research, it means there has to be some evidence to support the contention -- not innuendo, or argument, or supposition -- but evidence. At the summary judgment standard, the party has to put up some evidence. To get summary judgment (to toss someone's case at an early stage) is very very difficult. The bar is not very high for the responding party to get over. But, you cannot respond with argument -- you have to put up evidence, or at least evidence to raise an argument. Judges just do not toss cases willy nilly. It's not done. Every benefit is given to the suing party -- the clock boy in this instance. 99% of what I do is civil defense -- representing those evil insurance companies -- and it is very difficult to get a case tossed, particularly by a federal judge.
    Very true. The allegations have to be entirely unsubstantiated by the material facts/evidence i.e. Joe Brown gets sued because someone fell on a property at a certain address. Joe Brown files a motion for summary judgment offering evidence that he neither owns that property nor is he responsible for its maintenance. The suit is dismissed because there are no material factual issues remaining to be tried. That almost never happens in my business because the pleadings tend to be like a pot of spaghetti thrown at the wall. Some of the noodles will stick. There is at least one allegation that warrants discovery.

    The pleadings in the clock boy case must have been extremely narrow - not enough spaghetti.
    "The difference between what we do and what we are capable of doing would suffice to solve most of the world’s problems.”
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