Junior Seau dead, probable suicide

[vailpass]

Originally Posted by Brock

Everything. There wouldn't be any NFL fans on that jury for sure.

Would this be a federal case?

[Jenson71]

Originally Posted by vailpass

Would this be a federal case?

A class action against the NFL would be. Even if it was initially brought in a state court, I think the NFL would want to move it to the federal courts, which has more benefits for corporate defendants. Higher burdens for allegations (the Iqbal standard, iirc).

[vailpass]

Originally Posted by Literature

A class action against the NFL would be. Even if it was initially brought in a state court, I think the NFL would want to move it to the federal courts, which has more benefits for corporate defendants.

You anticipated the reasoning behind my question. What, do you study this stuff or something?

[Jenson71]

Originally Posted by vailpass

You anticipated the reasoning behind my question. What, do you study this stuff or something?

I avoided studying civil procedure like the plague. Dreadfully dull. But I think half of the semester's lectures were spent on the new Twombly/Iqbal standard under the Federal Rules of Civil Procedure that plaintiffs get shafted with. That was hard to miss.

[vailpass]

Originally Posted by Literature

I avoided studying civil procedure like the plague. Dreadfully dull. But I think half of the semester's lectures were spent on the new Twombly/Iqbal standard under the Federal Rules of Civil Procedure that plaintiffs get shafted with.

Good. Your country needs you to be an advocate for change in getting sweeping and effective Tort Reform enacted.

[Amnorix]

Originally Posted by vailpass

Good. Your country needs you to be an advocate for change in getting sweeping and effective Tort Reform enacted.

He seems to be advocating the other way -- that the standard for cases surviving motions to dismiss are too HIGH.

[DJ's left nut]

Originally Posted by Literature

I avoided studying civil procedure like the plague. Dreadfully dull. But I think half of the semester's lectures were spent on the new Twombly/Iqbal standard under the Federal Rules of Civil Procedure that plaintiffs get shafted with. That was hard to miss.

Those are mostly pleading problems though.

I can't see how a suit along these lines wouldn't survive a Mx to dismiss. From there, it's just going to be the standard preponderance requirements.

I guess it could come into play here, but I really don't see how Twombly would really make an impact.

[Jenson71]

Originally Posted by DJ's left nut

Those are mostly pleading problems though.

I can't see how a suit along these lines wouldn't survive a Mx to dismiss. From there, it's just going to be the standard preponderance requirements.

I guess it could come into play here, but I really don't see how Twombly would really make an impact.

Well, my understanding is just that it's completely changed the ballgame for litigants, and that initial hurdle is like a 12 foot canyon now.

I agree though, that a suit, especially a class action suit with the NFLPA would be able to take that on, much better than your average litigant. Especially when, as I see it, your evidence is pretty strong.

Just some things to think about. Kind of interesting. Not interesting enough for me to want to practice civil litigation in the federal courts, though.

[Amnorix]

Originally Posted by Literature

I avoided studying civil procedure like the plague. Dreadfully dull. But I think half of the semester's lectures were spent on the new Twombly/Iqbal standard under the Federal Rules of Civil Procedure that plaintiffs get shafted with. That was hard to miss.

Speaking for the other side of the coin, Twombly/Iqbal are there to clean out cases that are extremely weak anyway BEFORE the massive expense of discovery is incurred. You have no idea whatsoever how expensive, time-consuming and distracting discovery is in the new e-Discovery era.

If a case can't survive Twombly/Iqbal analysis, then it wasn't going anywhere anyway, except to put some money in some lawyers' pockets.

[Jenson71]

Originally Posted by Amnorix

Speaking for the other side of the coin, Twombly/Iqbal are there to clean out cases that are extremely weak anyway BEFORE the massive expense of discovery is incurred. You have no idea whatsoever how expensive, time-consuming and distracting discovery is in the new e-Discovery era.

If a case can't survive Twombly/Iqbal analysis, then it wasn't going anywhere anyway, except to put some money in some lawyers' pockets.

I agree with that. I didn't mean to put a real negative spin on the new standard, and it wasn't presented to us as a negative either. Just made clear to us that the stakes were raised to a new level for the plaintiff.

[Amnorix]

Originally Posted by Literature

I agree with that. I didn't mean to put a real negative spin on the new standard, and it wasn't presented to us as a negative either. Just made clear to us that the stakes were raised to a new level for the plaintiff.

Sure, raised from comically low to extremely low.