Monday, December 30, 2013

SEC's Fraud Complaint Against City of Miami Not "Shotgun Pleading"!

 

I love "shotgun pleadings."

I guess what I love most about them -- aside from the phrase itself -- is that they are so easily correctable.

It really just requires minimal proofing to avoid, yet we see lawyers fall into that pleading trap over and over again.  Hence the enduring nature of the term.

Anyway, remember that overpriced and underused baseball stadium that the poor taxpayers of Miami built for a baseball team that turned out to have lots of money even though they cried poverty and threatened to throw a tantrum and move to bumf&ck Idaho?

Turns out the City allegedly funded it from misleading and/or fraudulent bond offerings, according to this SEC suit that Judge Altonaga just gave the green light to proceed past the motion to dismiss stage:
Regarding the City’s reliance on Wagner, 464 F.3d 1273, to urge a dismissal of the Complaint in its entirety, the Court is not convinced the Complaint is a shotgun pleading. Each count does not incorporate every preceding allegation, including paragraphs of other counts, but rather each count incorporates only the general allegations contained in paragraphs 1 through 115. Those general allegations support each claim for relief and identify the relevant events, misrepresentations, and omissions advanced by the SEC. Neither the Court nor Defendants have to sift through the allegations to see which ones support the cause of action purportedly stated and disregard allegations that only pertain to other counts, such as would be the case if each count incorporated allegations of the preceding count or counts.
Wait a second -- this wasn't even a true "shotgun pleading" situation?

Do NOT take the phrase "shotgun pleading" in vain!

(BTW the City is being represented by former federal judge Tom Scott.)

9 comments:

Anonymous said...

Who is Tom Scott?

Anonymous said...

Exactly.

Anonymous said...

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Godwhacker said...

Sports socialism is my least favorite kind of socialism.

Rumpole said...

As a lawyer, I love it when opposing counsel says "hey, who is _____"? Because that is usually followed several weeks or months later by them being blind sided by the roaring train.

Who is Tom Scott? Who is John Galt. Indeed.

Those two lights you see in the distance, they're not fireflies.

Anonymous said...

Rump, too sensitive, clearly a joke.

In any event, you reminded me of a good johnny Cash song....i hear that train a coming.....

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Anonymous said...

I find South Florida's obsession with "shotgun pleadings" to be petty and boring.

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