Saturday, March 13, 2010

Baltimore Court dismisses ACORN's Lawsuit Against O'Keefe, Giles, And Breitbart

ACORN's Baltimore based lawsuit against O'Keefe, Giles, and Breitbart was dismissed by the court for failure to meet a filing deadline. This is strictly procedural, and not a ruling on the merits. They may refile, but I suspect that they will not.

"Under Maryland Rule 2-507(b), "An action against any defendant who has not been served or over whom the court has not otherwise acquired jurisdiction is subject to dismissal as to that defendant at the expiration of 120 days from the issuance of original process directed to that defendant." That's exactly what the court did March 4, with no apparent notice from the media that covered the filing of the lawsuit. The court's dismissal was without prejudice, meaning that the plaintiffs could theoretically re-file. But, as I argued shortly after it was filed, the lawsuit has substantive flaws that go well beyond the plaintiffs' apparent lack of interest in pursuing it."

No comments:

Post a Comment

Related Posts with Thumbnails

Like what you read; Subscribe/Fan/Follow