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CryoLife Inc. Message Board

  • ObKozRanch ObKozRanch Feb 9, 2010 1:25 PM Flag

    Parts 1 -5

    you only present your side (Medafres) against CRY. If you actually look at the court filings and read them you will see that Medafre knew it was lying when they made the contrct. Sure CRY lawyers need to focus and have stumbled, but if you actually read it, it is so blantent Medafore was gaming CRY o life.
    kenn

    Don't make me post it cuz I will

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    • dlhild@ymail.com dlhild Feb 9, 2010 2:13 PM Flag

      CIVIL ACTION NO. 1:09-CV-1150-CAP UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA
      ATLANTA DIVISION...regarding shotgun pleading by CRY

      Shotgun Pleading: Although not raised by the defendant (e.g. Medafor), after carefully reviewing the plaintiff’s complaint, the court concludes that it is a quintessential shotgun pleading. See Wagner v. First Horizon Pharmaceutical Corp., 464 F.3d 1273, 1279 (11th Cir. 2006) (“Shotgun pleadings are those that incorporate every antecedent allegation by reference into each subsequent claim for relief or affirmative defense. Shotgun pleadings wreck havoc on the judicial system.”); Beckwith v. Bellsouth Telcommunications, Inc., 146 Fed. Appx. 368, 372 (11th Cir. 2005) (labeling as a shotgun Case 1:09-cv-01150-CAP Document 43 Filed 12/09/2009 Page 18 of 20 19 pleading a complaint that made it virtually impossible to
      ascertain what factual allegations corresponded with each claim and which claims were directed at which defendants). The plaintiff’s complaint contains 225 paragraphs and 9 counts, each of which incorporates by reference all of the paragraphs and counts preceding it. The plaintiff has an obligation to clearly articulate the basis of its claims before this case goes any further. Accordingly, the court ORDERS the plaintiff to recast its complaint to cure these problems within 20 days.

      When you don't have a case, you (e.g. CRY) babble with BS.

 
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