Mark Jaffe, 5 Bridges Law

@markjkings.bsky.social

Lawyer representing creatives in California and New York Copyright. Trademarks. Helping artists get their copyrights back. Asterisks everywhere. https://5bridgeslaw.com/ More links: https://linktr.ee/markj5bridgeslaw

LawSky, particularly newer lawyers and law students: I have done informal mentoring to law students and new lawyers, but I will soon start as a mentor in a formal program. My mentee is a first-generation American and first-generation high school graduate who was recently admitted to practice. 1/

This is part of an opinion where a court dismissed a complaint sua sponte as an impermissible shotgun pleading. I wasn't able to view the complaint, but I suppose I'm missing I'm something because what the court describes here is what I see in nearly every complaint? (case and docket in AltText)

Relevant here is the “most common type” of shotgun complaint, one in 
which the plaintiff asserts “multiple counts where each count adopts the 
allegations of all preceding counts, causing each successive count to carry all 
that came before and the last count to be a combination of the entire complaint.” 
See Weiland, 792 F.3d 1313, 1321, 1321 n.11 (collecting cases). As a result, 
“most of the counts … contain irrelevant factual allegations and legal 
conclusions.” Strategic Income Fund, L.L.C. v. Spear, Leeds & Kellogg Corp., 
305 F.3d 1293, 1295 (11th Cir. 2002). Consequently, in ruling on the sufficiency 
of a claim, the Court is faced with the onerous task of sifting out irrelevancies 
in order to decide for itself which facts are relevant to a particular cause of 
action asserted. See id. Here, in each successive claim for relief in the

Vazquez v. Positiva Entertainment, 26-cv-01523 (MD Fla)

I generally dislike you-stole-my-screenplay copyright lawsuits, in that I think most of them shouldn't have been brought. Even where access can be proven or assumed, most involve themes and plot points that shouldn't be considered infringement even if defendants actively decided to take them.