Tag Archives: claim

Birthers: Some Help On How To Stake Your Claim

Not Staking Your Claim Can Take Your Mine Off A Lode

A well-known Birther Lawyer, who wishes to remain Anonymous, has asked me for help.  For professional reasons,  this person is not able to give this help directly.  Here is the email:

Squeeky,

Many Birthers are suing the putative President, and the Brownshirt Obots always try to have their cases dismissed for a failure to state a claim. I have prepared a one page fill-in-the-blank  Motion to Reconsider for them to use.  BTW (which means “by the way”) they just need to be sure to get some extra file-marked copies of their Complaints when they first file. I know you don’t personally believe this two citizen parent stuff, but you have always seemed to be such a fair and thoughtful person, who writes some really great Internet Articles. Please take pity on them! Pretty Please With Cherries On Top??? Thanking you in advance!

Peace be With You,

Anon. Birther

Well, with all the compliments how could I refuse? Here is a pdf file of the form.

Birther Motion To Reconsider

For some inexplicable  reason, I have to say that I am sooo very happy to help the Birthers out with this.

Tee Hee! Tee Hee!

Squeeky Fromm
Girl Reporter

Note 1. Get Your Kicks On Rule 12(b)6.  The Easter Egg in the Image above is a wordplay on the song, Get Your Kicks On Route 66:

Note 2. Rule 12(b)6. This rule is found the Federal Rules of Civil Procedure, and most state court rules. It permits a dismissal of a claim for various reasons, one of them, (b)6, being a failure to state an actual legal basis for the lawsuit. As Wiki says:

The Rule 12(b)(6) motion, which replaced the common law demurrer, is how lawsuits with insufficient legal theories underlying their cause of action are dismissed from court. For example, assault requires intent, so if the plaintiff has failed to plead intent, the defense can seek dismissal by filing a 12(b)(6) motion. “While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff’s obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact).”

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