Would you play chess, football, or Halo without paying attention to what your opponent is doing? Obviously not. Lawyers also have to pay attention to the other side. Lawyers are paid to make judgments regarding what the other side will say and do. Lawyers are paid to make judgments regarding what a court or other […]
STEP ONE: Separate well-pleaded facts from legal conclusions. What is a legal conclusion (LC)? Read carefully. You may have to go through the pleadings word by word. Easy. Easy example of LC: threadbare elements of a cause of action are LCs. Hard. Harder example of LC: some allegations may arguably be fact or LC. Prepare to counterargue. You may need to […]
HOW THE CHANGE IN LAW MATTERS Consider Iqbal‘s facts, analyzed under both Conley and Twiqbal. Conley Twiqbal Fair notice in Iqbal? Satisfied. From the allegations, Ashcroft and Meuller are aware that they are being sued for discrimination based on race, religion, or national original arising from Iqbal’s detention. Indeed, they are vigorously defending. Still satisfied. Same […]
THIS IS THE LAW. DOES IT MAKE SENSE? Posted Nov. 14, 2015
