In what will almost certainly be the most practically significant case of this term, a major, major win for defendants, especially corporate defendants, today in the Supreme Court, and via a 7-2 decision written by Justice Souter from which only Justices Stevens and Ginsburg dissented.
The Court, in Bell Atlantic v. Twombly , No. 05-1126 (May 21, 2007), held that plaintiffs in an antitrust conspiracy case may not survive a motion to dismiss the complaint at the outset under Rule 12(b)(6) by a bare assertion of conspiracy. In so holding, the Court significantly clarified the Rule 8 pleading standards governing motions to dismiss non-fraud-based claims.
To put the matter in non-lawyer-ese, the Court held that plaintiffs’ lawyers (in this case class action plaintiffs in an antitrust case, but the ruling will affect all civil lawsuits in federal court) need to have more of a factual basis for filing lawsuits before they can kick-start the ...
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LAW/POLITICS: 5-4 Supreme Court: Raping A Child Not Really As Bad As DemocracyFrom: baseballcrank.com
Post Date: 2008-06-25 11:35:09
The Supreme Court today, in Kennedy v. Louisiana , found that the Eighth Amendment bars the death sentence of a man who brutally raped his 8-year-old stepdaughter, causing traumatic physical injury (decency doesn’t permit quoting here the Court’s discussion of the facts on p. 2 of its opinion), to say nothing of the emotional trauma. The decision was 5-4, with Justice Kennedy writing the opinion joined by the Court’s liberal bloc. The decision is significant in thr...
more BASEBALL: To Ash You Shall ReturnFrom: baseballcrank.com
Post Date: 2008-06-26 07:17:00
Peter Abraham summarizes the problem with unsafe, easily-splintered maple bats, and - sadly - why they are yet another thing that, as was so long true for steroids and the DH rule, (1) should be subject to immediate rulemaking by the Commissioner but instead (2) will likely be held hostage indefinitely by the players’ union in the hopes of getting the owners to make some concession in return for a ban. Which is not to suggest in either case that the owners are pillars o...
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