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?


Anonymous said...


Anonymous said...

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

Anonymous said...