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30 September 2009

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John

you write that you oppose the notion of filing motions having "the goal of “educating the judge” about the entire case"

why do we have lawyers writing about trial and litigation practice who know nothing of fundamental tools of persuasion like primacy, recency, etc. ?

If you file a summary judgment motion, the judge reads your motion before he or she reads the plaintiff's carefully (post Twombly) written complaint with introductory paragraphs full of material evidential facts telling the Court why plaintiff should win.

second, what do you believe is the pavlovian response of any seasoned fair trial judge to any defendant's motion for summary judgment? We know what the response would be from the Scalia/Alito/Thomas/Roberts crowd---the lawyers have now gotten sufficient fees to meet their republican campaign goals, so it is time for me to cut off this citizens right to a jury trial and boost my standing with the federalist society. this is called the triple play in chambers and especially the 8th Circuit.

see http://federalism.typepad.com/

Scalia's New Police Professionals Go "Rodney King" on Sick Motorist

please please pass along your counsel to DRI

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