Sarah Burstein on Nostr: But how can a judge know, on the pleadings, which claims have merit and which don't? ...
But how can a judge know, on the pleadings, which claims have merit and which don't? Maybe they can't, consistent with FRCP 8. Do we need heightened pleading rules for #ScheduleA cases (if they are to keep being allowed)?
Short of that, judges could--and should--require (much) more information at the TRO stage.
They could appoint special masters to help them with infringement determinations.
Published at
2023-12-04 13:57:22Event JSON
{
"id": "cd46efe9fe5b602642a6a3377a0e27d91f75145e4128286d09c7266e1e63f447",
"pubkey": "9eefd04d32ab5da8de12d7b83201578ea095a676acf3a692ec1b0b202ae4e16f",
"created_at": 1701698242,
"kind": 1,
"tags": [
[
"e",
"0e2fd59f7464fea8849ed52bd98360f24a27933e369783916e340ae1ee67bf26",
"wss://relay.mostr.pub",
"reply"
],
[
"t",
"schedulea"
],
[
"proxy",
"https://mastodon.social/users/design_law/statuses/111522496044935972",
"activitypub"
]
],
"content": "But how can a judge know, on the pleadings, which claims have merit and which don't? Maybe they can't, consistent with FRCP 8. Do we need heightened pleading rules for #ScheduleA cases (if they are to keep being allowed)?\n\nShort of that, judges could--and should--require (much) more information at the TRO stage. \n\nThey could appoint special masters to help them with infringement determinations.",
"sig": "69a11f0c9329f058eb419752d6f3f77b468ed9a53c2d999b916b567dbf23ce66789f28aad17155a1640ae1f4f86050fbc68bb5195670995f510822c20d89eef0"
}
