Oh, and I almost missed this fun bit: Gawker’s objection to Floorshitter’s claim cites Fed. R. Civ. P. 12(B)(6).

Getting twelve-b-sixed is embarassing (Edit: Or rather, it should be, to anyone capable of feeling shame - and we’re not sure that they teach shame at Bible Jesus Lawyer Kollege). It’s law-speak for “Why are you here, and why aren’t you wearing pants?”

(b) How to Present Defenses. Every defense to a claim for relief in any pleading must be asserted in the responsive pleading if one is required. But a party may assert the following defenses by motion:

(1) lack of subject-matter jurisdiction;

(2) lack of personal jurisdiction;

(3) improper venue;

(4) insufficient process;

(5) insufficient service of process;

(6) failure to state a claim upon which relief can be granted; and

(7) failure to join a party under Rule 19.

This is like, basic basic, 1st-day-of-Paralegal-class stuff. If you mess up under FRCP 12, it means you failed badly at your job.