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Viewing Single Post From: KC responds on Iqbal
sdsgo Jul 1 2009, 08:09 PM

Baldo
Jul 1 2009, 09:02 AM
I have been pondering a question.

Was Jamie's filing a mistake for some of the defendants at this time? Did she expect a dismissal of the complaint by Judge Beaty? Surely she must have expected Judge Beaty to request briefs. Did that serve the best interest of the defendants?

The question seems to be. Have the Plaintiffs presented enough evidence in their prior to Iqbal filing to pass the new bar level that Iqbal seems to demand? At the worst I fully expect Judge Beaty to allow the Plaintiff's attorney to reformulate their complaints to include more evidence to show each defendant's action were calculated to deny the plaintiff's civil rights and in actuality harm them by illegal, discriminatory, and deceitful actions.

It seems Jamie's filing opens the door for more damning information to come out prior to depositions. Was it a cure which will eventually kill the patient?

Personally I believe Duke should have settled the claim and removed themselves from the other Durham miscreants. By now I imagine they will have spent tens of millions just to fight this when they could have separated themselves with that money in a settlement. But that's rub, maybe they can't!

To answer your first question, you simply need to restate it.

-- "Did that serve the best interest of the defendants her clients ?"


As to, "At the worst I fully expect Judge Beaty to allow the Plaintiff's attorney to reformulate their complaints ..." let's take a look at Jamie's statement in that regard.

“At this stage, Plaintiffs should not be allowed to file yet another amended complaint to attempt to correct their pleading deficiencies. Iqbal did not create new pleading standards; it confirmed the pleading standards of Rule 8 that the Supreme Court had already articulated in Twombly, which was decided before any of Plaintiffs’ complaints were filed. Furthermore, Plaintiffs’ Amended Complaint is already 427 pages long, with 1,384 distinct allegations and 28 exhibits. After multiple tries, it is unlikely that Plaintiffs are capable of inserting any more factual material that would cure the deficiencies in their claims. To allow them to amend their complaint once again, after extensive briefing has already been completed, would be a waste of both the parties’ and the court’s resources.” - Duke Reply (footnote 8 page 6) (Repeated in multiple briefs.)

-- "Iqbal did not create new pleading standards;..." Maybe, but they certainly clarified that the Twombly standard applies to all civil pleadings.

-- "Plaintiffs’ Amended Complaint is already 427 pages long, with 1,384 distinct allegations and 28 exhibits." True

-- "After multiple tries, it is unlikely that Plaintiffs are capable of inserting any more factual material that would cure the deficiencies in their claims." Defendants seem to have opened the door for plaintiffs to proffer specific examples in their responses of factual material that would cure such deficiencies.

-- "To allow them to amend their complaint once again, after extensive briefing has already been completed, would be a waste of both the parties’ and the court’s resources.” That really depends on the answers to the questions above.

"It seems Jamie's filing opens the door for more damning information to come out prior to depositions. Was it a cure which will eventually kill the patient?"
-- If her clients told her the truth, she should be in the best position to evaluate the risks.

"Personally I believe Duke should have settled the claim ..."
-- 20/20 hindsight.




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KC responds on Iqbal · DUKE LACROSSE - Liestoppers