Monday, February 10, 2014

11th Circuit Affirms Judge Moreno -- "Nulidad"!


Do you know what a "nulidad" is?

I didn't.

But thanks to this sweeping affirmance of Chief Judge Moreno by the 11th Circuit, now we all know:
Though Plaintiffs could have sought a nulidad, they abandoned their appellate rights in Guatemala. Plaintiffs acknowledge that Guatemalan law allows nulidads and other appellate challenges. They counter only that they lacked a basis for appeal and thus were barred by ethical principles. But Plaintiffs had at least one good faith ground for appeal. Decree 34-97 makes an exception for claims filed “in a spontaneous and totally free manner.” Plaintiffs’ expert admitted that Plaintiffs’ Guatemalan action was “filed in a free and spontaneous manner.”
Ok, hard stop -- how do you file a complaint in a "free and spontaneous manner"?

Do you "twerk" it as you hit the CM/ECF filing button?

Take a shot, hit the glass on the desk, and press "file"?

We need clarity and definition here -- can someone file a rehearing motion asap?

3 comments:

  1. Sorry about the late comment, SFL. Very well done and funny! This post deserved more encouraging comments. Sometimes your readership can be inattentive.

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