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lawsuit dismissal (5.00 / 1) (#17)
by Deconstructionist on Fri Jul 20, 2007 at 08:16:25 AM EST
by Deconstructionist on Thu Jul 13, 2006 at 02:56:08 PM EST

I had been expecting FTCA claims and those require that an administrative claim be filed within 2 years to preserve the right to bring a civil action if the agency outcome is adverse. There appear to be no FTCA claims. (Although it is certainly conceivable the defendants might argue some or all claims are only cognizable under FTCA.) ...

   I also noted back then that it was very questionable whether the claims asserted could survive 12 (b)(1)- subject matter jurisdiction or 12 (b)(6)-- failure to state a claim upon which relief may  be granted and that it was not a good bet the case would ever reach the discovery stage let alone result in a judgment for the plaintiffs. As I also  said then,  this case was  political in motivation but it was extremely unlikely it would have any "positive" political impact and near a dead certainty it would not be "won" by the plaintiffs. I think the Wilsons and their lawyers knew all along how very weak the case was in all respects and harbored no illusion there would ever be a "legal victory" but thought the very remote shot at making some political points was worth the effort.

Deconstrutionist. (1.00 / 0) (#20)
by jimakaPPJ on Fri Jul 20, 2007 at 08:27:53 AM EST
I think you have nailed it.

[ Parent ]
It certainly has kept our attention (none / 0) (#41)
by hairspray on Tue Aug 12, 2008 at 08:33:14 PM EST
on the process.  That in itself has been a victory of sorts.

[ Parent ]

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