Thursday, December 11, 2008

Could the CEO of Coca-Cola win dismissal of a suit that contends he personally put mice in soda bottles?


That's the hypo that Justice Breyer presented at a recent oral argument. From the ABA Journal, which has been providing great coverage lately:


The issue before the court is whether Javaid Iqbal’s suit against former Attorney General John Ashcroft and FBI director Robert Mueller is specific enough to withstand a motion for summary judgment, the New York Times reports. Igbal contends that after Sept. 11 he was put in jail where he was beaten and subjected to extreme temperatures and constant light. He pleaded guilty to identity fraud and was deported to Pakistan, but was cleared of any involvement in terrorism, according to the Washington Post.
Iqbal claims Ashcroft and Mueller formulated policies that singled him out because of his nationality and religion. Most of the justices who spoke appeared sympathetic to the government’s argument in favor of dismissal, report the
Los Angeles Times and Legal Times. Only Justices Ruth Bader Ginsburg and David H. Souter spoke in favor of allowing the suit.
One of those appearing to side with the government was Justice Stephen G. Breyer, who advanced the mouse-in-a-bottle hypothetical. Breyer explained the hypo this way, according to a separate
Legal Times story:
"Jones sues the president of Coca-Cola. His claim is the president personally put a mouse in the bottle. Now, he has no reason for thinking that. Then his lawyer says: 'OK, I'm now going to take seven depositions of the president of Coca-Cola.' The president of Coca-Cola says: 'You know, I don't have time for this; there is no basis. ... I don't want to go and spend the time to answer questions.' "
Breyer asked if the Federal Rules of Civil Procedure would allow dismissal. Solicitor General Gregory Garre said the suit could be tossed under Rule 8. He noted the Supreme Court 2007 decision in Bell Atlantic v. Twombly, which interpreted the rule as requiring plaintiffs to “show a plausible entitlement to relief."


3 comments:

CAPTAIN said...

The U.S. Department of Justice has issued final, controversial regulations for certifying states that qualify for using fast-track federal court review of their death penalty cases. The fast-track procedures cut to six months, instead of a year, the time that death row inmates have to file their habeas appeals once their cases are final in state courts.

Cap Out

CAPTAIN said...

A wrongful death case brought by the children of a federal magistrate judge in Miami who they say died due to moldy conditions at a federal courthouse should be dismissed for lack of jurisdiction, the government is arguing.

Cap Out

Anonymous said...

Out of respect for the great almighty Rumpole I have deleted the Fake Rumpole blog that was once located at:

http://thejusticebuilding.blogspot.com/

You will no longer find the blog. I also deleted the entire account with google including the gmail email address.

It was fun for about 2 minutes.