Dan Epps

Let's bring back short opinions.

What's the motorcycle in that?

The law is the motorcycle, and what's the sidecar?

And so there is unanimity on the court that this is a procedural rule.

There is a difference of opinion between the majority and Justice Jackson.

So we have another one where eight justices appear to be on one side and Justice Jackson is on the other side.

About which rule of federal procedure this state rule would conflict with.

which seems like, you know, maybe not the most consequential question.

For the majority, it seems to largely turn on Rule 8, which contains the basic pleading requirements for federal claims.

And for Justice Jackson, she says it's actually not

Because these things, these affidavits are not pleadings.

Rule eight is regulating the content of pleadings.

It's in fact a federal rule of civil procedure three, which says a civil action is commenced by filing a complaint with the court.

Okay.

Whereas in Delaware, you can't commence the action.

You can't even get it docketed unless you file this extra thing.

I'm not sure anything.

There is a separate thing about which there's disagreement that maybe there is something at stake about.

Yeah, exactly.

Okay, something maybe slightly more substantive.