Quote:
Originally posted by Airbornelawyer
So what is it now. 12(b)(3)(B)?
Sounds like OCOKA vs. OAKOC. Change for change's sake. The bureaucrat's proof that he exists.
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LOL, I don't know if they were renumbered. I'm a civil litigator with no criminal experience at all, remember? C'mon, had to get you with something, somehow!
As for the dismissal, I really think you overestimate the ease with which claims can be dismissed at the pleading stage. You just have to plead the claim. There is more than enough here to get past the pleadings -- no question in my mind, in fact. I also think there already should be enough evidence to get to trial, assuming the standard is like summary judgment and the news reports are accurate.