Law School Discussion

How Hard is it To Land a Legal Aid Position?

Thistle

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Re: How Hard is it To Land a Legal Aid Position?
« Reply #20 on: November 20, 2008, 09:13:40 AM »
Because it's 12(c), and not 12(b)(6), I understand that they can't amend the complaint and come back; judgment on the pleadings was for the defendant.  That's a bummer for the client.

Or can they return?  This isn't a dismissal with or without prejudice, so it's as if it was adjudicated on the merits.  I wonder if they tried to take this to an appellate court, citing their own incompetence.


i asked for prejudice, didnt get it, so for now they havent refiled.  if they do, we'll go full msj because we did depos and rogs in the meantime.  they could always file in state court un der state constiution, but i'd remove anyway, so they are out of luck there too.

its a clear cut at-will dismissal, we would have won on a 12b6 imo anyways, but i just do what i'm told lol

Re: How Hard is it To Land a Legal Aid Position?
« Reply #21 on: November 20, 2008, 09:23:52 AM »
Haddle v. Garrison was actually one of our first 12(b)(6) cases for CivPro.  It's about a similar issue, in which, despite the at-will language, they allow the complaint.

Can you do depositions without getting to discovery?  How'd you know who to depose without the 26(a) automatic disclosures and the 26(f) discovery conference, and the judge's scheduling order?

Good work.  Your job sounds like a lot of fun.  I'm surprised, though, that you're with the defendant and not the plaintiff; I thought you worked in PI.

Thistle

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Re: How Hard is it To Land a Legal Aid Position?
« Reply #22 on: November 20, 2008, 09:33:47 AM »
Haddle v. Garrison was actually one of our first 12(b)(6) cases for CivPro.  It's about a similar issue, in which, despite the at-will language, they allow the complaint.

Can you do depositions without getting to discovery?  How'd you know who to depose without the 26(a) automatic disclosures and the 26(f) discovery conference, and the judge's scheduling order?

Good work.  Your job sounds like a lot of fun.  I'm surprised, though, that you're with the defendant and not the plaintiff; I thought you worked in PI.

ty.

the court had already issued a discovery order before we did the mtd.   pi?  where did you get that idea? 

i'm with the state municipal league defending cities and municipalities against all comers.  very interesting job, every day is something different, which i like.  lots of constitutional applications and immunity arguments which is interesting.  annexations, voting rights, employment, use of force, all kinds of stuff.

Re: How Hard is it To Land a Legal Aid Position?
« Reply #23 on: November 20, 2008, 10:02:35 AM »
Of course, your civpro class was about much deeper concepts, eh?



Well, that's one way of putting it.