GA's got the dismissal ruling of US District Court Judge Madeline Cox Arico in Anthony P. Falco v Dawn Zimmer, et.al. Take my word, it's a whole lot of mumbo-jumbo. If you want to steer clear of mumbo jumbo, GA will break it down for you.
The Opinion begins with the Court's summary of the case "Facts."
You got that?
Plaintiff Falco filed an "instant action" on March 18, 2013. (Ask yourself: if it was so "instant," how come it's not over?)
Then on February 5, 2015 Falco upgraded the instant action to 42 causes of action. Wow.
If you didn't know, a "cause of action" is the heart of a Plaintiff's case. Without an adequately stated "cause of action," a Judge can shit-can a case before it gets out of the gate. Sometimes, the Judge shit-cans it at the end, calls it "approaching a fraud on the court" and a "SLAPP suit disguised as a defamation case." After that, Plaintiffs pay Defendants' enormous legal fees.
"Cause of action n. the basis of a lawsuit founded on legal grounds and alleged facts which, if proved, would constitute all the "elements" required by statute. Examples: to have a cause of action for breach of contract there must have been an offer of acceptance; for a tort (civil wrong) there must have been negligence or intentional wrongdoing and failure to perform; for libel there must have been an untruth published which is particularly harmful; and in all cases there must be a connection between the acts of the defendant and damages.So Plaintiff Falco filed a pile of 'boo-hoo' and 'waaaah' in Federal Court chock full of bubba meisas* (*Yiddish-"bullshit") like this one:
Contrary to Chief Falco’s claim in his pleadings that he received no payment whatsoever upon retirement (a claim the Judge accepted as true for the purpose of deciding the motion) he was mailed a retirement check from the City on September 10, 2014. The Chief in fact was provided with a $153,551.19 retirement benefit which after deduction of Federal and State taxes resulted in a net payment of $104,414.81. Chief Falco chose not to deposit that check and returned it to the City. He then claimed in his court filings that he had received no payment at all.
|Pants-on-Fire Truth-o-meter credit: Dr. Anthony Petrosino's "Education Project" blog|
Anyway, Plaintiff Falco's claims were so voluminous, they had to be grouped! The Court broke Falco's claims into alleged violations of Federal Law, and alleged violations of NJ State Law:
With me so far, people?
I am going to skip over a whole lot of mumbo-jumbo to the ending.
The US. District Judge shit-canned all of Plaintiff Falco's claims relating to violations of federal law, then dismissed Falco's state-law claims, while declining federal jurisdiction over them. This means that Falco can file what is left of his state-law claims in state court.
In spite of dismissed ('without prejudice') state-law claims, GA heard one legal professional's assessment of the ruling: "The Judge gutted the complaint."
Well, here it is, the Honorable Judge Madeline Cox Arico's Opinion: