Fort Fun Indiana
Diamond Member
- Mar 10, 2017
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The complaints did not meet the standard of law to be heard. That is not something that can be "corrected", without inventing a time machine and changing factual events in the past. .Lots of deficiencies. "Nunes’ complaint 'includes many rote statements of law and conclusory allegations which fall short of meeting' a legal standards determined by the Supreme Court,” O’Grady wrote."
That's one deficiency. Ever occur to you that the judge was really just seeing weaknesses in the case structure making it vulnerable to its defendants and rejected it so that Nunes could go back and redo it better so that it stands up better against Fusion?
I didn't even consider such a thing for a second.
It is not the role or function of the judge to instruct the plaintiff on the deficiencies of his/her filings. That's what law school is for. It is the function of the judge to rule on the validity of the arguments, and whether or not the plaintiff has a case. Furthermore, there was nothing instructive in the ruling. All it says is in plain speak "You don't have a basis for a case here. We're done!"
You speak of theory, I speak of practice. Judges are human. I used to teach/tutor logic (Boolean algebra) and various other things to people. Its rather common to be handed a flawed argument and give it back to the person pointing out its holes so that the student can go back and correct it. In fact, that is the very best way to learn. Not saying that's the case here or was INTENTIONAL, but either way, the judge did Nunes a favor because there is nothing stopping Nunes now from correcting the deficiencies and resubmitting the suit.