General Discussion
In reply to the discussion: Judge really kicked the crap out of Guliani..... [View all]SunSeeker
(51,513 posts)In other words, they are usually granted with leave for the plaintiff to file an amended complaint to try again at stating a valid claim.
Granting it with prejudice on the first go round is unusual and means the plaintiff failed to show how the complaint could be amended to survive a 12(b)(6) motion. In other words, it means the complaint was not worth the paper it was written on.
Unfortunately, this also means the plaintiff can now appeal, because it is basically a final order in the case. Rudy Giuliani, and Trump campaign senior legal adviser Jenna Ellis pointed to the decision as a positive development in their effort to push the case relatively quickly to the U.S. Supreme Court. In a joint statement, they said they would seek an expedited appeal to the U.S. Third Circuit Court of Appeals.https://apnews.com/article/election-2020-joe-biden-donald-trump-constitutions-pennsylvania-87eaf4df86d5f6ccc343c3385c9ba86c
But Rudy is running out of time. PA's counties must certify their results to Pennsylvania Secretary of State Kathy Boockvar by Monday, after which she will make her own certification.
Democratic Gov. Tom Wolf will notify the winning candidates electors they should appear to vote in the Capitol on Dec. 14.
https://apnews.com/article/election-2020-joe-biden-donald-trump-constitutions-pennsylvania-87eaf4df86d5f6ccc343c3385c9ba86c