Litigation
Feb. 16, 2012
The outer limits: When the facts are not taken as true
How the law prevents abuse of process and manipulation of the courts. By Gary A. Watt of Archer Norris PLC
"The facts, just the facts," Detective Joe Friday used to implore witnesses back in the day. When it comes to the sufficiency of a complaint, the facts are front and center like people in a police lineup. Do the facts constitute a cause of action? Do the facts, like a telltale scar, reveal some dark and inescapable past? Are the facts believable? Wait a minute. That's not the province of a judge but a jury. And it is black letter law...
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