Thread re: trump/GOP pathetic attempt to appeal PA dismissal

[Roland99]

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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.

1/

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.

2/


Teri Kanefield @Teri_Kanefield

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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Teri Kanefield @Teri_Kanefield

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.

4/


Teri Kanefield @Teri_Kanefield

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.

5/


Teri Kanefield @Teri_Kanefield

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 FireFireFire(ouch)

6/

Link to tweet

The issue will be: Should the lower court have allowed the case to proceed, or was the lower court correct in throwing the whole thing out and refusing to allow an amended complaint.

The lawyers point to the record and argue about whether the court's ruling was justified.

[rzemanfl]

1. If I recall correctly, they'd already amended the complaint. n/t

[Ms. Toad]

2. Once. They took out some parts they later wishes they hadn't

And we're confused about the process for making a second amendment. The court refused to let them fix their mistake.

[rzemanfl]

3. They have no case and can't amend themselves into having one. n/t

[Ms. Toad]

4. Correct, but in this case,

The court played let's pretend . . . Nope . . . Even if you actually had amended your complaint, it still would have been dismissed.

[rzemanfl]

5. I believe they needed leave of the court to amend. The court said "nope."

I am fine with that.

[Ms. Toad]

6. Correct -

But, as I tried to explain, but the court went one step further and explained that it would not have made any difference.