Monday, December 07, 2020

School Daze

Laches is the common law version of a statute of limitations. I tended to go obscure in my legal arguments (I once had to convince a judge I’d filed the right motion to constrain the removal of property from a house. It was that obscure, but it was the right motion.), but I never had the chance to cite laches in court. Laches depends so much on delay that it’s generally considered very unreliable as a defense.  The statute of limitations is much stronger, and much more reliable.  Courts seldom entertain a laches argument.

For the courts to rely on it time and again tells you just how weak these claims are. I still think the State Bar if Texas should start proceedings to cancel Sidney Powell’s law license. I’m not holding my breath, however.

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