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View Diary: What the hell is THIS?! [Updated] (226 comments)

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  •  No, the district only bothered with their fake (4+ / 0-)

    "apology" because of the risk of public outrage.  Do you really think they would have done anything had this not gone public?

    You have watched Faux News, now lose 2d10 SAN.

    by Throw The Bums Out on Thu Nov 29, 2012 at 09:01:11 AM PST

    [ Parent ]

    •  Yes (5+ / 0-)
      Recommended by:
      Keninoakland, Ice Blue, 1180, Alden, stellaluna

      They would have done something -- dropped the defense at trial.  Any lawyer can confirm that.  You can't try a defense if you don't have evidence to support it, but you can't discovery on a possible defense if you don't plead it.  It's a catch-22.

      Frankly, the district did not need to apologize - merely simply point out just what I (and at least 2 other lawyers responding to this diary) have pointed out, about it being boilerplate lawyering that they have asked their lawyer to undo.  Instead, we've got all this "outrage" for all the wrong reasons - that's the point of my comment.  This type of pleading happens every single time an answer is filed to a personal injury lawsuit by someone other than a particularly judicious lawyer, without regard to the actual facts.  The client (in this case the district) has every right to rely upon what their lawyers do without questioning it, unless and until something comes to the client's attention as it did just now.

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