A legal question...

[Texas Aggie]

Forget the facts of the case. They aren't there yet. This is a federal case which is heavily procedurally oriented at first. By procedure, I mean that the exact merits of the case mean little, and whether the case moves forward depends on the rules of federal civil procedure rather than negligence or tort law in general.

The first hoop to get through in a federal lawsuit is usually what we call the 12-b-6 hoop. Under Federal Rules of Civil Procedure (FRCP) 12.b.6, a suit can be dismissed if it does not state a claim upon which relief can be granted. This sounds simple, but it isn't. There are thousands of cases in the books that go through each nook and cranny about what specific factual claim can and can not withstand 12-b-6 scrutiny. I BELIEVE this is the stage the lawsuit is at right now.

After that is resolved, many cases in the federal system go bye-bye due to summary judgment. Here the standard is whether the plaintiff has raised an issue of material fact. In other words, if the plaintiff's facts are taken as true, can they still recover? An example of how they couldn't recover is when the claim is beyond the statute of limitations time period. Or, more legally speaking, if the defendant owed no legal duty to the plaintiff, precluding a finding of negligence. Essentially, the judge is making the decision on the case as there are no material facts that are in dispute. Even if there are facts in dispute, they don't rise to the level of being "material." Thus, a jury is not needed.

My guess is one or more of the claims raised here will be thrown out in the summary judgment stage. There's a chance this stage is where they are (the writer obviously isn't an attorney), but I think based on the article I read, they are at the rule 12 stage.

I came on here for football discussion, not to give legal talks!!