Details on the dismissal in the Gowen / Tilt fracas
The judge has issued the formal order in the case which starts the clock ticking on the deadline for Gowen to refile. It is fairly critical of the initial complaint, charactarizing it as “problematic in its breadth” and “reaching too far.” Although most of the claims permitted Gowen to refile, there was at least one claim dismissed in its entirety.
If you read the transcript of the hearing (at the end of the response brief), you will see that the judge was even more harsh, pointing out that many of the allegations are going to be very difficult to prove.
It appears to me that Gowen needs to retool her pleadings to focus more tightly on the breech of contract claims and not continue the kitchen sink approach followed thus far. I think that first impressions created with the judge are important and her side is clearly starting in a pretty deep hole.
No comments yet.