General Discussion

Happy Hoosier

(9,465 posts)

49. I'm not a lawyer, but I read Judge Brann's ruling.

Mon Nov 23, 2020, 12:35 AM

Nov 2020

And I cannot see him granting a temporary injunction, even if the district court ruled that the district court had to permit the second Amendment. I’ll try to find a link to the second amended complaint for you.... you’ll be... amazed.

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🚨NEW: Trump campaign seeks expedited appeal ONLY on its ability to amend its now dismissed Pennsylva [View all] soothsayer Nov 2020 OP

do-overs til we get what we want? SleeplessinSoCal Nov 2020 #1

Pretty much. n/t Ms. Toad Nov 2020 #5

DU lawyers, please explain this move because I don't get it. TeamPooka Nov 2020 #2

They know what the failures in their original pleading were - Ms. Toad Nov 2020 #8

Thank you very much Ms Toad. That explaination was very clear. TeamPooka Nov 2020 #44

Marc Elias has no idea why trump is doing this Gothmog Nov 2020 #54

They plan to amend around the failures in the earlier claim - Ms. Toad Nov 2020 #3

How do they amend around lack of standing? Happy Hoosier Nov 2020 #46

I haven't seen a copy of it - but it wouldn't surprise me Ms. Toad Nov 2020 #48

I'm not a lawyer, but I read Judge Brann's ruling. Happy Hoosier Nov 2020 #49

Judge Brann seemed to be covering all the bases, Ms. Toad Nov 2020 #50

Here's the proposed second amended complaint if you car to see it. Happy Hoosier Nov 2020 #51

Thanks! Ms. Toad Nov 2020 #52

So far I see pole watching, and depravation of rights . . . Ms. Toad Nov 2020 #55

It makes no damn sense. The lawsuit has been dismissed. Statistical Nov 2020 #4

Almost certainy futile, but not incompetent Ms. Toad Nov 2020 #11

Interesting. I think the judge will deny it all but worth a shot. Statistical Nov 2020 #17

Since permitting amendments afer the first is within the court's discretion, Ms. Toad Nov 2020 #18

I think Trump most likely loses this appeal, but he at least has a small chance, unlike with Alhena Nov 2020 #20

Agreed. n/t Ms. Toad Nov 2020 #32

It's both futile and incompetent StarfishSaver Nov 2020 #19

I'll go along with at least likely incompetent - since he seemed completely unaware Ms. Toad Nov 2020 #34

In my ignorance of the law, this sounds to me like whistling for the garbage truck to back up Croney Nov 2020 #6

If they had put 1/8 of this effort into mitigating the pandemic, this country would be wide open and soothsayer Nov 2020 #7

Let me be the judge in this one... jmowreader Nov 2020 #9

And with double prejudice. ananda Nov 2020 #10

Not quite. Ms. Toad Nov 2020 #12

Correct Alhena Nov 2020 #22

Yeah and Usually You Have to Attach the proposed Amended Complaint to the Motion for Leave Stallion Nov 2020 #26

Since he seemed to be unaware that he needed to seek leave of court Ms. Toad Nov 2020 #30

But the case was dismissed with prejudice, so how are they going to The Velveteen Ocelot Nov 2020 #13

How are they going to pull 70,000 Trump votes out of thin air? jmowreader Nov 2020 #14

Well, if the appeals court reverses the judge's order dismissing the case with prejudice then it's Alhena Nov 2020 #16

But they're not appealing the dismissal StarfishSaver Nov 2020 #21

Yes, but if that appeal is granted then it means he should have allowed amendment and thus not Alhena Nov 2020 #25

That's not what they're arguing at this point StarfishSaver Nov 2020 #27

Depends what's in the Second Amended Complaint. I haven't looked at it. Alhena Nov 2020 #29

The second amended complaint essentially repleads the claims from the original complaint StarfishSaver Nov 2020 #35

Exactly. Dismissed with prejudice means it can't be amended. Probably why the judge didn't allow yellowcanine Nov 2020 #23

Prior to dismissing (in the same order), the court denied his request to amend the complaint. Ms. Toad Nov 2020 #37

They might actually "win" this appeal, but it's not much of a win if so Alhena Nov 2020 #15

Decisions as to amendments are at the judge's discretion StarfishSaver Nov 2020 #24

Yes, I think he most likely loses, but the 3rd circuit standard makes it so the issue will most Alhena Nov 2020 #28

Exactly - that's my point StarfishSaver Nov 2020 #33

What's the appellate court likely to do with the fact that Rudy signed the appeal alone.. Nevilledog Nov 2020 #47

They are delaying. Renew Deal Nov 2020 #31

They can try - but this case isn't going prevent Pennsylvania from certifying StarfishSaver Nov 2020 #38

They actually ask to decertify if it's already been certified soothsayer Nov 2020 #41

Alright, I looked at the proposed Second Amended Complaint on PACER ... Alhena Nov 2020 #36

Can you pull down the original complaint? StarfishSaver Nov 2020 #40

The original complaint was 85 pages, the proposed 2nd Amended Complaint is 112 pages, so there's Alhena Nov 2020 #43

There's not really anything new in it StarfishSaver Nov 2020 #45

I don't think they ultimately will have any success. captain queeg Nov 2020 #39

They can certainly consider that in assessing whether the trial judge abused his discretion StarfishSaver Nov 2020 #42

Trump Campaign Seeks Very Limited Emergency Remedy in Third Circuit Gothmog Nov 2020 #53

They're trying to get to SCOTUS, where they hope everything will be forgiven struggle4progress Nov 2020 #56