Legal Drafting: The “Extra Ornament” Can Ruin Christmas

Christmas decoration for tree. Isolated on a white background.
Here's a little lesson I learned about legal drafting when I was a new attorney.  One of my first pleadings was an eight-count complaint. The first seven counts were exceptionally strong. But, not wanting to exclude anything, I added the eighth count which was a stretch, and would be very difficult to prove. I appeared before a senior federal judge on a motion to dismiss which had been filed by the defendants. Although the judge denied the motion, what he ...