Re:Dominion Voting Systems sues pro-Trump lawyer, seeking mo...
by disgrunt on Friday January 08, 2021 @03:06PM
(#25689672)
A judge providing an opinion is not adjudication. And "presenting in court" is not the same as "the judge read the complaint and here's what they think about it before dismissing it for non-meritorious reasons".
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Re:Dominion Voting Systems sues pro-Trump lawyer, seeking mo...
by dragonwriter on Saturday January 09, 2021 @12:17AM
(#25697440)
> A judge providing an opinion is not adjudication.
If it is a tangential opinion (not supporting one of the decisive grounds for an action), sure. If it is a opinion that is part of the basis for a grounds of dismissal that inherently asks whether, even before considering how the other side might challenge it, the evidence could ever support the plaintiff winning, it absolutely is adjudication.
The difference is important because the last can be (and has been in some of the cases at issue) part of the analysis when dismissing for failure to state a claim.