Team Kimberlin Post of the Day

The Kimberlins filed a second motion for summary judgement in the Hoge v. Kimberlin, et al. lawsuit which supposedly “corrected” the deficiencies with their first motion for summary judgment. However, the “corrected” motion was also deficient, so I filed a motion to strike it. The Kimberlins opposed my motion. Here’s my reply to their opposition.

I may have more to say about this after the court rules. Until then, my motion and reply speak for themselves.

16 thoughts on “Team Kimberlin Post of the Day

  1. Well done. Well I assume so, because it seems like everyone who writes legal papers doesn’t know that “wherefore” means “why.” So they use it instead of “therefore,” which means “that’s why,” and would actually make grammatical sense. But for some reason, the legal profession has collectively decided to be sub-literate on at least this one point, and maybe it’s better just to go along with it, and not confuse the clerks.

    • It’s often used as “why”, but also had an archaic use as “because of which/this”, which fits the use here.

      Lawyers do esteem their archaisms.

      • You sure about that? It’s meant ‘why’ since at least when Shakespeare wrote “Wherefore art thou, Romeo?” to mean why are you Romeo, as in why did Juliet find herself falling for a guy from a rival family.

        • Yes, he’s sure, and correct. Wherefore ALSO has a sense of “because” – the common error is using the word as “where.”

          • Alrighty. I looked it up, and both and Merriam Webster agree that wherefore has a secondary meaning as ‘therefore’. Mea culpa. I’d still use therefore to mean therefore, because it only means therefore.

  2. The unmighty Kimberlin has “struck out.”
    I only hope the umpire sees it that way. (Yeah, I know, but Maryland…..)

    • Surely at some point even Maryland judges might be expected to become embarrassed about not holding litigants to the rules. But maybe not.

      • Some folks hope with a new Administration coming in, that Maryland Judges begin to rethink their continual allowance of a certain Pedo Bomber to keep clogging the dockets with bullshit.

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