Legal News

Judge Lambastes Lawyer Filing With Limerick

By Dan Slater

“A pleading that states a claim for relief must contain . . . a short and plain statement of the claim showing that the pleader is entitled to relief . . .” — Rule 8(a) of the Federal Rules of Civil Procedure

“In alleging fraud or mistake, a party must state with particularity the circumstances constituting fraud or mistake.” — Rule 9(b) of the Federal Rules of Civil Procedure

A 465-page racketeering lawsuit filed with Washington State federal judge Ronald Leighton inspired Leighton to gin up the following limerick. (Gavel bang: How Appealing)

Plaintiff has a great deal to say,
But it seems he skipped Rule 8(a).
His Complaint is too long,
Which renders it wrong,
Please rewrite and refile today.

Drawing a rare comparison between Shakespeare’s “Hamlet” and the Federal Rules of Civil Procedure, Judge Leighton (pictured), in a four-page order granting the defendant’s motion for a more definite statement, writes that brevity, in addition to being the soul of wit, is the soul of a pleading.

“The Court recognizes the tension between Rule 8(a), which requires a ’short and plain statement,’ and Rule 9(b), which requires the party state his claim with particularity,” writes Leighton. “The Complaint does not correctly balance this tension.”

So how did the voluminous complaint break down? For starters, Judge Leighton notes that the title to the complaint is eight pages. Next, the plaintiff uses eighteen pages to list six defendants. “On page 117,” writes Leighton, “Plaintiff embarks on an odyssey through his claims for relief. While the Court understands that asserting 54 claims requires some space, the 341 pages used to do so is unreasonable.”

Photo: Emerald Education Group Web Site

Full post as published by Law Blog - WSJ.com on July 08, 2008 (boomark / email).