Longtimers know our affinity for shotgun pleadings, but let's get metaphysical for a moment -- what are they, really?
Is it just when you incorporate all prior allegations into each count, or is there something "more" to a shotgun pleading?
Perhaps something essential to its shotgun nature, something at its core that screams: this complaint is a mess.
Judge Marra weighs in on this interesting philosophical debate:
The Court begins by noting that the Amended Complaint does not constitute a shotgun pleading. Indeed, in those cases, it is “virtually impossible to know which allegations of fact are intended to support which claim(s) for relief.” Anderson v. District Board of Trustees of Central Florida Community College, 77 F.3d 364,366 (11th 1996). Although several counts of the Amended Complaint do incorporate by reference all of the preceding allegations, the Court finds the claims are sufficiently definite to enable Defendant to know with what it is charged and to enable Defendant to respond to the allegations.For goodness sakes nobody tell Judge Tjoflat!
(BTW here is the back story on that amazing photo.)