Originally Posted by JimDandy
Considering many times, it has been mentioned lawyers throw out the kitchen sink in the first complaint just to cover all their bases, yeah, I am surprised it wasn't there....
Well, it (ex post facto
) wasn't there in at least the five cases mentioned, including the one under discussion in this thread. So five lawyers, in at least four different States left it out for a reason. And if they are good lawyers they had a good reason for leaving it out. Perhaps they pretty much figured it wouldn't get them anywhere.
I don't know the other lawyers. I do know Don Kilmer and have every reason to respect his skill, knowledge and judgment.