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Started By
Message
1
Posted on 8/12/25 at 3:47 pm to udtiger
quote:
State court equivalent of a 12(b)(6) motion to dismiss for failure to state a claim for which relief can be granted.
Yeah I got it just curious.
Posted on 8/12/25 at 3:47 pm to SlowFlowPro
quote:
quote:
Fred's absolutely should seek supervisory review of this ruling.
Often it's better to wait on the MSJ
The judge isn't going to change his mind about the existence of a cause of action and only a retard could not come up with an issue of fact under these circumstances.
Better to try to kill this in its crib.
Posted on 8/12/25 at 3:55 pm to SlowFlowPro
Premises can be tough here because of the open and obvious defense. It at least allows you to file an MSJ on most grocery store/hotel/restaurant cases.
Posted on 8/12/25 at 4:16 pm to SlowFlowPro
No. Not me I hate lawyers.
Posted on 8/12/25 at 4:46 pm to supatigah
quote:
when I was a Fred's/Murphy's doorman
Did you ever get tired of the Murphy's bartenders throwing ice at you to alert you about a fight when you were trying to score some trim?
Posted on 8/12/25 at 4:59 pm to TigerBait1971
this is someone who knows I was the low man on the totem pole so I was either unclogging the women’s toilets, on the door checking IDs or standing on a stool on the floor
So no OTJ trim pursuit for me
The Murphy’s doormen who picked up were the senior guys chilling on the patio
This post was edited on 8/12/25 at 4:59 pm
Posted on 8/12/25 at 5:02 pm to theliontamer
quote:
Yea, 26 y/o father doesn't need to be fighting college kids at a college bar. The poor baby momma is likely desperate for cash.
She got a few duckies already.
And would.
https://www.gofundme.com/f/devinsheylliCarmeloLiam
This post was edited on 8/12/25 at 5:02 pm
Posted on 8/12/25 at 5:32 pm to jbgleason
My gosh what happened to personal responsibility? And Repath was the aggressor, and a father, and older. This is laughable. I know legally that doesn’t matter, but still.
Also, it is my understanding the 21 year old who pushed him in self defense was not physical that night until then. So Repath threw a punch at a guy who wasn’t even involved in the physical fighting earlier.
To me, their “argument” of Fred’s (at the same time in the same exit) throwing out 2 guys previously fighting is not a real argument at all. It holds no truth. The 21 year old wasn’t throwing punches earlier that night. He wasn’t physically involved.
This is obviously about money. It’s a disgrace. This woman needs to let her man die a man for the sake of his sons. The situation is bad enough already without her lawsuit.
Also, it is my understanding the 21 year old who pushed him in self defense was not physical that night until then. So Repath threw a punch at a guy who wasn’t even involved in the physical fighting earlier.
To me, their “argument” of Fred’s (at the same time in the same exit) throwing out 2 guys previously fighting is not a real argument at all. It holds no truth. The 21 year old wasn’t throwing punches earlier that night. He wasn’t physically involved.
This is obviously about money. It’s a disgrace. This woman needs to let her man die a man for the sake of his sons. The situation is bad enough already without her lawsuit.
This post was edited on 8/12/25 at 5:34 pm
Posted on 8/12/25 at 5:40 pm to LSUfan4444
Probably more important is the question of who own the parking lot? Does Fred's own or lease the parking lot or is it an extension of their business?
Posted on 8/12/25 at 5:46 pm to udtiger
quote:
The judge isn't going to change his mind about the existence of a cause of action and only a retard could not come up with an issue of fact under these circumstances.
Better to try to kill this in its crib.
Oh, I disagree. Let's put this up for all to see how stupid it is. I have faith (why? I have no idea) that somewhere along the line a judge or jury or both would lean over the railing and ask "Have you lost your ever-loving mind?". Let's just make it a Hollywood documentary-style movie, i.e. Natural Born Killers/Truman Show/etc. Let's just go all in.
Posted on 8/12/25 at 5:47 pm to jbgleason
Judges have become the biggest obstacle to civilized society
Posted on 8/12/25 at 6:08 pm to brewhan davey
It was an exception of no cause of action. And while ridiculous, I think Judge Moore made the right decision here. The plaintiffs alleged that Fred's was liable for overserving alcohol and for expelling the inebriated patrons "through the same exit and the same time" after it knew or should have known of their propensity of violence towards one another. Fred's filed the exception alleging the protections of the anti-dram shop legislation without giving any consideration to the other theory of recovery and failed to file a reply memorandum to rehabilitate their argument in advance of the hearing.
There's a post-hearing memo that was filed today that isn't available to the public yet. Time will tell what that's all about
There's a post-hearing memo that was filed today that isn't available to the public yet. Time will tell what that's all about
Posted on 8/12/25 at 6:51 pm to jbgleason
We couldn’t sniff liability insurance when I was in LSU bar business and I tried. Still go sued when little bitty frat boy took a swing at my 250 pound bouncer and hit his girlfriend bu mistake she tried to stop his foolishness
Posted on 8/12/25 at 7:03 pm to chilge2
This entire scenario is crazy. Who is supposed to be watching the inside of the bar (where students are packed in like sardines) if the bouncers are babysitting these guys in the parking lot? The entire point of bouncers is to protect patrons inside of the "official" area, to include throwing out unruly people. I can't think of one bar that hires bouncers for the parking lot.
When I was in college, bar parking lot fights were pretty much a nightly occurrence. There was certainly no expectation that bouncers were supposed to leave their post inside the bar to counsel the aggressors until they calmed down. What happens if another fight breaks out in the bar and the bouncers for that section are outside? A lot of people would get hurt, and mostly girls.
When I was in college, bar parking lot fights were pretty much a nightly occurrence. There was certainly no expectation that bouncers were supposed to leave their post inside the bar to counsel the aggressors until they calmed down. What happens if another fight breaks out in the bar and the bouncers for that section are outside? A lot of people would get hurt, and mostly girls.
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