Monday, November 24, 2014

Judge Bloom Greenlights Lawyer's Suit Over New Ad Rules!


So Robert Rubenstein likes to tout his prior client recoveries -- what's the harm?

According to the Bar, the ads were fine, then not fine, then maybe they're fine, maybe they're not, so Rubenstein said enough already and sued the Bar in federal court.

But the Bar said standing and ripeness, standing and ripeness, and moved for sj.

Judge Bloom, in a scholarly opinion, corrected the Bar and said this is really 12(b)(1) stuff, because justiciability goes to the Court's subject matter jurisdiction.

And then she held that the suit can proceed:
For the foregoing reasons, the Court rejects the Bar’s standing and ripeness challenges to Plaintiffs’ First Amendment claim. Plaintiffs’ claim is justiciable, and the Court will consider Plaintiffs’ pending motion for summary judgment in due course.
More importantly, she managed to smoothly and effortlessly work the word "reify" into a sentence:
The very actions taken by the Bar against Plaintiffs reify the Court’s conclusion.
Props.

4 comments:

Godwhacker said...

Thank god you're back. I think there was a Latino pot-smoking gay orgy here while you were gone!

Anonymous said...

Good for Rubenstein for filing that.

Anonymous said...

Disgraceful

Anonymous said...

Yet another example of the DBR using your blog for story ideas without attribution or credit.

FOR SHAME!!!