If, as the Bible says, "[a]n honest answer is like a kiss on the lips," Proverbs 24:26 (N.I.V.), a pleading founded on a lie is like a kick in the gut. The question this appeal presents is whether a district court can dismiss a case with prejudice because the plaintiff filed and litigated his complaint under a false name.
Carnes answers yes. Scalia-like? Hat Tip to Orin Kerr.
The SDFLA Blog is dedicated to providing news and notes regarding federal practice in the Southern District of Florida. The New Times calls the blog "the definitive source on South Florida's federal court system." All tips on court happenings are welcome and will remain anonymous. Please email David Markus at dmarkus@markuslaw.com
Wednesday, September 13, 2006
The Scalia of the 11th Circuit...
Lawyers who practice in the 11th Circuit like to compare Judge Ed Carnes to Justice Scalia. Here's the opening paragraph of Carnes' most recent opinion addressing whether a district court can dismiss a civil case with prejudice because the plaintiff had filed his complaint and litigated the case up to trial using a false name:
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