Friday, June 22, 2007

a Posner commentary on a complaint

From a June 22 opinion written by Judge Richard A. Posner:

"The complaint is a hideous sprawling mess, 40 pages in length with 221
paragraphs of allegations.  We have found it difficult and in many instances
impossible to ascertain the nature of the charges.  It would have been better
had the defendants deferred their motion, and the district judge his ruling,
until either the defendants served contention interrogatories designed to
smoke out what exactly the plaintiffs are charging, or better, because
quicker and cheaper, the judge told the plaintiffs to specify the acts of the
defendants that they are complaining about so that he could decide how much
of the complaint was preempted.  Still, the defendants can hardly be blamed
for wanting to strangle the monster in its crib."

In re: Ocwen Loan Servicing, LLC, No. 06-3132 (7th Cir.), http://tinyurl.com/2x9xm9 .

hat tip:  Chris Wren, Assistant Attorney General, Criminal Appeals Unit, Wisconsin Department of Justice

(njs)

http://lawprofessors.typepad.com/legalwriting/2007/06/a-posner-commen.html

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