Thursday, August 27, 2009

Random Thoughts In My Head.


I'm having some trouble organizing my thoughts this morning, so let me just lay out what's jogging around in my brain right now.....you guys tell me if any of this is somehow related:

You know there's something wrong with Iqbal when Judge Posner questions its application in run of the mill federal cases:

In our initial thinking about the case, however, we were reluctant to endorse the district court's citation of the Supreme Court's decision in Bell Atlantic v. Twombly, 550 U.S. 544 (2007), fast becoming the citation du jour in Rule 12(b)(6) cases, as authority for the dismissal of this suit. The Court held that in complex litigation (the case itself was an antitrust suit) the defendant is not to be put to the cost of pretrial discovery - a cost that in complex litigation can be so steep as to coerce a settlement on terms favorable to the plaintiff even when his claim is very weak - unless the complaint says enough about the case to permit an inference that it may well have real merit. The present case, however, is not complex.

But Bell Atlantic was extended, a week after we heard oral argument in the present case, in Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) - over the dissent of Justice Souter, the author of the majority opinion in Bell Atlantic - to all cases, even a case (Iqbal itself) in which the court of appeals had ‘promise[d] petitioners minimally intrusive discovery.' Yet Iqbal is special in its own way, because the defendants had pleaded a defense of official immunity and the Court said the promise of minimally intrusive discovery ‘provides especially cold comfort in this pleading context, where we are impelled to give real content to the concept of qualified immunity for high-level officials who must be neither deterred nor detracted from vigorous performance of their duties.

So maybe neither Bell Atlantic nor Iqbal governs here. It doesn't matter. It is apparent from the complaint and the plaintiff's arguments, without reference to anything else, that his case has no merit.

I've often wondered what would happen if some of my favorite cases were anthropomorphized into wrestlers and had to fight each other.

I'm pretty sure Venetian Salami would beat the snot of out Hickman v. Taylor.

However, while being interviewed ringside by Gordon Solie, Venetian Salami was viciously attacked from behind with a folding chair by Professor Toru Tanaka's tag-team partner Chudasama, which inevitably sets up the feud match involving all three of them and that great patriotic superstar, American Pipe.

I can't believe a guy seriously made an entire career out of impersonating Jerry Lewis. RIP Sammy Petrillo.

Problem -- my deep reservoirs of knowledge concerning World War II, films, and the Marvel Universe are beginning to merge -- did Captain America really punch out Hitler or did that just happen in a Tarantino movie?

Triple-oy alert -- Robert Zemeckis is remaking Yellow Submarine.

God do I love Drew Barrymore. Related -- I really hate Justin Long.

Ok folks, it's finally happened -- I have become Larry King.

18 comments:

  1. This is TBPE

    The Best Post Ever

    LIKE, EVERRRRR

    And it shows what eventuates when the last remnants of substances ingested in college peel loose and make their way through and out of the brain.

    I love Drew also, even if she has kankles.

    Hey - what is Drew reading? First person who guesses correctly, comes with me to Vegas next week. Unless you're GG. You can keep hanging with Alan Klueger and his cowboy boots in Kendall. It seems like such a perfect fit.

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  2. "I've often wondered what would happen if some of my favorite cases were anthropomorphized into wrestlers and had to fight each other."

    You're a sick man, SFL.

    Ditto what Guest Blogger wrote.

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  3. More classic wrestling references, please.

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  4. I'm not a big Drew fan but that picture of her in People is kinda sexy. If she had some fake breastuses there would be more tension on that sole button, if there was more tension on that sole button . . .

    My favorite part of the Posner opinion in this smackdown:

    "So maybe neither Bell Atlantic nor Iqbal governs here. It doesn't matter. It is apparent from the complaint and the plaintiff's arguments, without reference to anything else, that his case has no merit."

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  5. Agree with GB, best post ever.

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  6. Stop the crusade on Iqbal. Even Posner clearly labels his statement as "obiter dictum" by saying "it doesn't matter" and concluding the plaintiff's claim doesn't have any merit. What are you, the Fox News of Legal Blogs?

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  7. SFL, if Iqbal were a wrestler, who would it be?

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  8. End Iqbal obsession.

    Continue Barrymore obsession.

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  9. What;'s the rule on opening the mail and getting a $3,265,499.85 settlement during appeal on a federal forfeiture of 4.2 million, where I am entitled to take 40%.

    Can I take Shumie time after depositing the check?

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  10. Yes Yes and Yes.

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  11. "Ok folks, it's finally happened -- I have become Larry King."

    Hello Omaha...whatsyourquestion?

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  12. 4:53, SFL must have a nice collection
    of suspenders.

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  13. 9:56, Vegas? Monte Carlo is better.

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  14. SFL loan me fifty dollars.

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  15. Monte Carlo? What, are you James F*^%ing Bond?

    Monte Carlo. Will I know you by your ascot? You'll be spinning the roulette wheel?

    You know, its funny. When I was in Vegas I lost everything. (That part is not so funny.)

    I was THIS close to emailing SFL to western union me a hun. Really. That part is funny. In a loser, "I lost all my money do you want to buy my watch," sort of way.

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  16. BTW, 10:23 a.m. - here is yet another reason why I Love Drew: She had breast reduction surgery. Yup. I'm just glad her back doesn't hurt anymore.

    NB - please see "the other blog" for a trailer of drew's new movie , her directorial debut.

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