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Friday, December 04, 2020

It's been a long time since my civil procedure class

As the lawyer for President Trump said to a doubtful federal judge in the lawsuit challenging the election results. While asking a federal court to "remand" something to the Wisconsin legislature. I may need to replace or supplement the long-standing motto atop my course blog.

Meanwhile, I have to decide whether to give students the scheduling order from Chief Judge Pepper in the Wisconsin Kraken suit, in which she enumerates Sidney Powell's substantive and procedural mistakes, then agrees to decide the TRO motion on the pleadings and without evidence, as the plaintiff requested. Some of the stuff in the order will not make sense to students new to procedure. But it highlights what happens when you ignore or do not understand how courts operate.

Posted by Howard Wasserman on December 4, 2020 at 04:26 PM in Civil Procedure | Permalink

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