alleged here seems to us to move [plaintiff's] allegations into the realm of claims ‘flimsier than ‘doubtful or questionable ‘ — … ‘essentially fictitious,” not realistically distinguishable from allegations of ‘little green men’ of the sort that Justice Souter recognized in Iqbal as properly dismissed on the pleadings.” From Tooley v. Napolitano, decided yesterday by the D.C. Circuit.

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    9 Comments

    1. Mike McDougal says:

      His complaint’s allegations are easily distinguishable from allegations of little green men. Furthermore, the flippant “little green men” comment is readily distinguishable from time travel and trips to Pluto.

      Iqbal and Twombly are in danger of becoming the “dismiss cases I don’t like” duo.

    2. Desiderius says:

      “Combination of sloth, fanaticism, inanity, and technical genius.”

      The internet in a nutshell.

    3. EvilNonGenius says:

      the problem I have is that his allegations of improper surveillance, following a comment to an airline person, are not that fantastical. Maybe it didn’t happen, but how does the Court of Appeal know?

    4. sitzpinkler says:

      EvilNonGenius: Maybe it didn’t happen, but how does the Court of Appeal know?

      Reason and experience!

    5. Houston Lawyer says:

      Is this guy on the law faculty at Harvard?

      I got a caller like this years ago on the Houston Bar Association’s Legal Lines, which is advertised so people can call in for free legal advice. He wanted to know whether I had access to a list of “honest” judges, lawyers and policemen. I foolishly tried to reason with the man, but eventually found some reason to end the call.

      Our government wastes enough money without spending more to respond to suits like this.

    6. Leopold Stotch says:

      As concerned as I am by the possibility that Iqbal and Twombly will indeed become the “‘dismiss cases I don’t like’ duo,” this opinion actually strikes me as pretty persuasive.

    7. theBruce says:

      I don’t practice in federal court. Someone that does, please tell me that somewhere there is an attorney who is likely to be sanctioned for this substantial waste of governmental and jududical time and effort.

    8. Crunchy Frog says:

      Ford Crown Victorias? How pedestrian. Were all the black helicopters unavailable?