Wednesday, January 15, 2025

The risk of performative litigation

I mentioned the 129-page complaint against Haverford College over its alleged failure to protect students from anti-Semitism. The district court dismissed the complaint (analyzed here, with a link to the opinion), in part because "[a]s a result of Plaintiffs' scatter pleading, any serious allegations of actionable discrimination are buried as needles within a haystack of distraction."

The analysis in the opinion will not make sense just yet because we have not covered what it means to plead a sufficient claim under FRCP 8(a)(2); you will understand in a few weeks. But it gives you a sense of what can happen when the complaint goes for too much soapbox oratory.