No, not more Jarkesy motions. This blogpost concerns the buckshot pretrial motions in limine with which the parties bestrew the judge’s path immediately prior to trial, like those lovely flowerchildren preceding the bride at fancy weddings. Only this process is much less attractive to eye and ear. I’ll come to Jarkesy shortly.
Judge Christian N. (“Speedy”) Weiler is the recipient (or should I say victim?) of eleven (count ’em, eleven) such motions in Habitat Green Investments, LLC, MM Bulldawg Manager, LLC, Tax Matters Partner, et al., Docket No. 14433-17, filed 2/6//26. I’ve been blogging this vintage Dixieland Boondockery since 2020. I’ve paid good money for rum younger than this case.
Now all y’all can read the eight (count ’em, eight) pages of Judge Speedy Weiler’s well-wrought prose your own selves. Perhaps you’ll then come to the same conclusion I did. If not, favor me with an explanatory comment. In either case, spoiler alert.
Judge Speedy Weiler denies six (count ’em, six) motions with prejudice, four (count ’em, four) without prejudice, plus one split-decision (can testify as to fact but not opinion, and Judge Speedy Weiler will sort it out on the trial).
This is where Jarkesy comes in. Until the Supremes say otherwise (or the CCAs play mix-and-match), there are no jury trials in Tax Court. Hence no juries to be misled by “those whose beard and paunch are great of size” pontificating at length, unchecked by fact. The judge’s daily grist is sorting out such as these, and Judge Speedy Weiler wants his whack at them.