Wednesday, August 20, 2014

Bench Slap of the Day: Don't Plead the Kitchen Sink

From a federal district court decision authored by Judge Harry D. Leinenweber:  

The Court would like to make an observation. The parties should consider long and hard before requesting leave to amend any of the dismissed counts other than Counterclaim V. To say that the parties, particularly the Plaintiff, have attempted to plead the kitchen sink with respect to what appears to be a relatively simple employment case, is to understate the obvious. The Court would suggest to the parties, particularly the Plaintiff, to consider the problems associated with instructing a jury with such a mishmash of legal theories. To expect a jury to wade though the necessary issue instructions, together with the explanatory and definitional instructions would be monumental. Enough said!

Simmons v. Ditto Trade, Inc., 2014 WL 3889022 (N.D. Ill. Aug. 8, 2014).

(mew)

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