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Tuesday, June 16, 2020

Quick Civ Pro Thought after Bostock

A quick thought about teaching Civ Pro (not until January) following Bostock: One of my go-to illustrations of 12(b)(6) legal insufficiency and dismissals with prejudice has been a Title VII claim for sexual-orientation discrimination. I need to find something new.

Posted by Howard Wasserman on June 16, 2020 at 09:40 AM in Civil Procedure, Howard Wasserman, Teaching Law | Permalink


Howard, I've got a First Amendment question. What are the protections if someone is, say, part of a vigilante mob pursuing someone and shouting, "We're going to kill you"?

Posted by: thegreatdisappointment | Jun 16, 2020 12:22:59 PM

I use a claim for "Failure to invite plaintiff to defendant's birthday party." Assuming pleaded facts are true, the law provides no remedy.

Posted by: Ira S Nathenson | Jun 16, 2020 11:06:50 AM

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