Judy Wood's Lawsuit - Appeal Dismissed

[LashL]

Remember the bizarre attempts by Judy Wood and Morgan Reynolds to sue Applied Research, Boeing, Underwriters Laboratories, et al, by purporting to bring qui tam complaints on behalf of the United States of America, alleging that the defendants made false claims to the NIST, which resulted in the NIST Report failing to conclude that Directed Energy Weapons brought down the WTC towers?

Last June, those lawsuits (and a related third lawsuit) were dismissed with prejudice. Wood appealed, seeking to overturn the district court judge's decision and seeking leave to amend her complaint.

The U.S. Court of Appeals - Second Circuit has now dismissed Wood's appeal, denied her request to amend, and affirmed the decision of the district court judge.

Here is the Summary Order of the Court of Appeals (http://reynoldslitigation.googlepages.com/3SummaryOrder.pdf).

Or just skip to the end: We have considered all of Wood's arguments bearing on the adequacy of the pleadings in the Amended Complaint and Wood's request for leave to amend. We find them to be without merit and, as such, the district court's dismissal of Wood's claim with prejudice pursuant to Fed. R. Civ. P. 9(b) is AFFIRMED.

[AZCat]

Thanks for keeping us informed of all the legal antics of the "truth movement", LashL.

[Drudgewire]

You left out the best line:

Wood's motion to strike one of the two briefs filed by the Contractor Defendants is DISMISSED as moot.


Yes, MOOT. Just like their entire stupid movement. :p

[tsig]

Remember the bizarre attempts by Judy Wood and Morgan Reynolds to sue Applied Research, Boeing, Underwriters Laboratories, et al, by purporting to bring qui tam complaints on behalf of the United States of America, alleging that the defendants made false claims to the NIST, which resulted in the NIST Report failing to conclude that Directed Energy Weapons brought down the WTC towers?

Last June, those lawsuits (and a related third lawsuit) were dismissed with prejudice. Wood appealed, seeking to overturn the district court judge's decision and seeking leave to amend her complaint.

The U.S. Court of Appeals - Second Circuit has now dismissed Wood's appeal, denied her request to amend, and affirmed the decision of the district court judge.

Here is the Summary Order of the Court of Appeals (http://reynoldslitigation.googlepages.com/3SummaryOrder.pdf).

Or just skip to the end:

Does "with prejudice " mean "don't bother us with this again?"

[triforcharity]

Yeah, can you explain exactly what that means??

[LashL]

Does "with prejudice " mean "don't bother us with this again?"

Yes.

Yeah, can you explain exactly what that means??

See above. :)

[Drudgewire]

Does "with prejudice " mean "don't bother us with this again?"


http://en.wikipedia.org/wiki/Prejudice_(legal_procedure)

Thus, in a civil case, dismissal without prejudice is a dismissal that allows for re-filing of the case in the future. The present action is dismissed but the possibility remains open that the plaintiff may file another suit on the same claim. The converse phrase is dismissal with prejudice, in which the plaintiff is barred from filing another case on the same claim. Dismissal with prejudice is a final judgment (http://en.wikipedia.org/wiki/Finality_(law)) and the case becomes res judicata (http://en.wikipedia.org/wiki/Res_judicata) on the claims that were or could have been brought in it. Dismissal without prejudice is not.

[SezMe]

Ha, I even know what qui tam means.












Ok, ok, I had to look it up.

[ElMondoHummus]

Heh... if I understand correctly, the only step beyond the Federal Appellate Court is the U.S. Supreme Court. And I'm torn: Part of me wants to live by my standard value of hating wasteful court suits, and a truther claim would be the epitome of wasteful, inane lawsuits. So I'd rather not see them take the next step. On the other hand, I have to admit that I have an intense wish to enjoy the schadenfreude that would result from them trying. So that lil devil on my shoulder does hope they'll take it all the way just so I can indulge in sinfully malicious laughter at their expense.

I'm a bad person.

[JoeyDonuts]

She went about it all wrong. She should have tried to contact the guys from the Death Star with the goofy hats. You know, the ones that powered on the planet-killer laser with the Grass Valley TV production switcher?

[ElMondoHummus]

HAHA!!!!


As for Wood's other claims, i.e., that the Contractor Defendants supplied false claims for payment from the United States, as well as false statements and records material to such claims, the Amended Complaint fails "to specify the time, place, speaker, and... even the content of the alleged misrepresentation". Luce v. Edelstein, 802 F.2d 49, 54 (2d Cir. 1986). In short, it "lacks the 'particulars' required by Rule 9(b)."


Ohmigod... fails "to specify the time, place, speaker, and... content"! I thought legalese generally functioned to obscure (sorry... I'm a layman, and that's the common perception), but that was the most direct affirmation of the utter emptiness of their claim that I've ever seen. I could not have said it any clearer myself.

[Justin39640]

She went about it all wrong. She should have tried to contact the guys from the Death Star with the goofy hats. You know, the ones that powered on the planet-killer laser with the Grass Valley TV production switcher?

NWO gunner?
http://img.fannation.com/upload/user_image/image/158/769/full/gunner.jpg

ETA: that thing made the same noise as shutting down the containment unit in ghostbusters lol

[FineWine]

Remember the bizarre attempts by Judy Wood and Morgan Reynolds to sue Applied Research, Boeing, Underwriters Laboratories, et al, by purporting to bring qui tam complaints on behalf of the United States of America, alleging that the defendants made false claims to the NIST, which resulted in the NIST Report failing to conclude that Directed Energy Weapons brought down the WTC towers?

Last June, those lawsuits (and a related third lawsuit) were dismissed with prejudice. Wood appealed, seeking to overturn the district court judge's decision and seeking leave to amend her complaint.

The U.S. Court of Appeals - Second Circuit has now dismissed Wood's appeal, denied her request to amend, and affirmed the decision of the district court judge.

Here is the Summary Order of the Court of Appeals (http://reynoldslitigation.googlepages.com/3SummaryOrder.pdf).

Or just skip to the end:



Well, now we know that the U.S. Court of Appeals for the Second Circuit is...

IN ON IT! EEEEEYAAAHHHHHHHHH!

[Hokulele]

Ha, I even know what qui tam means.


It's a hat?

[ElMondoHummus]

Ha, I even know what qui tam means.












Ok, ok, I had to look it up.

It's a hat?

Actually, I think it's someone asking who that Artistic Macrophage is who posts here. You know, qui T.A.M.? :D

[Hokulele]

¿Que T.A.M?

[JoeyDonuts]

NWO gunner?
http://img.fannation.com/upload/user_image/image/158/769/full/gunner.jpg

ETA: that thing made the same noise as shutting down the containment unit in ghostbusters lol

Yeah...The Dark Underbite Troopers.

[Orphia Nay]

"the Amended Complaint fails "to specify the time, place, speaker, and... even the content of the alleged misrepresentations."


"As the district court observed: the Amended Complaint "do[es] not cite to a single identifiable record or billing submission they claim to be false, or give a single example of when a purportedly false claim was presented for payment by a particular defendant at a specific time"".

:D :D :D

[Mr.D]

Yes.

How different would a new suit have to be to not fall under the "with prejudice" part? IE, could they pull out the least batty* part, polish it up** and refile? Or is the prejudice part pretty much scorching the legal ground, where any future suit even remotely smelling like this one is dismissed out of hand?




* No, I don't know which part that would be.
** Insert your favorite "polishing a ..." analogy here.

[ElMondoHummus]

"the Amended Complaint fails "to specify the time, place, speaker, and... even the content of the alleged misrepresentations."


"As the district court observed: the Amended Complaint "do[es] not cite to a single identifiable record or billing submission they claim to be false, or give a single example of when a purportedly false claim was presented for payment by a particular defendant at a specific time"".

:D :D :D

I know! Talk about damning quotes! Man, that lawsuit was full of fail.

As a side note: I wonder just what the court staff involved with Wood's suit were thinking while they read it. Wonder if they heard cuckoo clocks going off in their heads. :D

Zw8nzm1zPKA

[SezMe]

Ha, I even know what "Macrophage" means:

Any of the large phagocytic cells of the reticuloendothelial system.










Ok, I don't. :(

[Sam.I.Am]

Heh... if I understand correctly, the only step beyond the Federal Appellate Court is the U.S. Supreme Court. And I'm torn: Part of me wants to live by my standard value of hating wasteful court suits, and a truther claim would be the epitome of wasteful, inane lawsuits. So I'd rather not see them take the next step. On the other hand, I have to admit that I have an intense wish to enjoy the schadenfreude that would result from them trying. So that lil devil on my shoulder does hope they'll take it all the way just so I can indulge in sinfully malicious laughter at their expense.

I'm a bad person.

The SCOTUS will most likely refuse to hear it (meaning that they uphold the lower courts ruling). They only take cases that either need some serious reaffirming or that actually need closer examination. This one meets neither criteria.

It's Moo. As in what a cow says. Moo.

[Hokulele]

Ha, I even know what "Macrophage" means:


A seventh level wizard?

[Comsat Angel]

I suppose the only question now is how Ms. Wood will spin this to make it look like a fantastically overwhelming success. Sticking-fingers-in-ears and chanting "LALALA I CAN'T HEAR YOU" seems a likely option.

[HENTAI DOUKYUSEI JP]

I was thinking that may be, just may be....she was not seriously thinking about bringing this to court because it would make her look like an idiot.......

[Quad4_72]

Add it to the long list of twoofer fails.

[cludgie]

How different would a new suit have to be to not fall under the "with prejudice" part? IE, could they pull out the least batty* part, polish it up** and refile? Or is the prejudice part pretty much scorching the legal ground, where any future suit even remotely smelling like this one is dismissed out of hand?




* No, I don't know which part that would be.
** Insert your favorite "polishing a ..." analogy here.

Perhaps the courts will just end up taking out a restraining order, saying Judy isn't allowed with 300m of a court building unless shes the one on trial.

Although they could omit the 300m and just say 'not allowed within the footprint of a court building'

[timhau]

Add it to the long list of twoofer fails.

I think this qualifies for the Twoofer Hall of Fail.

[Quad4_72]

I think this qualifies for the Twoofer Hall of Fail.

Haha. That sounds like thread that needs to be started and a permanent archive that needs to be kept...

[Macgyver1968]

What sickens me, is the wasting of real tax dollars and time that could have been used for something actually useful.

I hope they had to pay all of the court costs.

[jaydeehess]

She went about it all wrong. She should have tried to contact the guys from the Death Star with the goofy hats. You know, the ones that powered on the planet-killer laser with the Grass Valley TV production switcher?

You are the first person I have encountered who recognized that, besides me.
(well I can't say that it was a GVG but it is a production switcher)
Obviously they should have been using the "star wipe" pattern.

[Justin39640]

You are the first person I have encountered who recognized that, besides me.
(well I can't say that it was a GVG but it is a production switcher)
Obviously they should have been using the "star wipe" pattern.

i always recognized that even as a kid (seeing studios on tv)
then in college i found it amusing in my telecom classes when we used it lol
i wonder if thats the same equipment lucas used for his wipes in editing SW
every scene transition was a wipe lol (then again i guess its diff on film we only did video in college)

[Bobert]

http://tbn2.google.com/images?q=tbn:b1Te7MB8VKgkbM:http://www.dangerouslyawesome.com/wp-content/uploads/2009/01/simpsons_nelson_haha2uwr.jpg