- Serbonian Bog
Serbonian Bog ( _ar. مستنقع سربون) relates to the lake of
Serbonis ("Sirbonis" or "Serbon") inEgypt . Because sand blew onto it, the Serbonian Bog had a deceptive appearance of being solid land, but was abog . The term is applied to any situation in which one is entangled from which extrication is difficult.The Serbonian Bog is identified as "Sabkhat al [Bardawil] ", one of the string of "Bitter Lakes" to the east of the
Nile 's right branch. It was described in ancient times as aquagmire in which armies were fabled to be swallowed up and lost.Uses
* :"A gulf profound as that Serbonian bog . . . ":"Where armies whole have sunk."::-
John Milton .*
Justice Cardozo used it in a dissenting opinion in "Landress v. Phoenix Mutual Life Insurance, 291 U.S. 491, 499 (1934)", stating: "The attempted distinction between accidental results and accidental means will plunge this branch of the law into a Serbonian Bog".*
Justice O'Connor in "Air France v. Saks, 470 U.S. 392, 406 (1985)" said: "We recognise that and standard requiring Courts to distinguish causes that are "accidents" from causes that are "occurrences" requires drawing a line, and we realise that "reasonable [people] may differ widly as to the place where the line should fall"... We draw this line today only because the language of Atricle 17 and 18 requires it, and not because of any desire to plunge into the "Serbonian Bog" that accompanies attempts to distinguish between causes that are accidents and injuries that are accidents... Until Article 17 of theWarsaw Convention is changed by the signatories, it cannot be stretched to impose carrier liability for injuries that are not caused by accidents".* US District Court Judge Joseph E Irenas stated: "Tipping the scales at nearly 157 pages, the complaint hardly comports with the principles of brevity......In addition to being overly long, the complaint is inconsistent and confusing, causing this Court to expend much valuable time in an effort to discern it's meaning......There is a strong argument that portions of the complaint fail to comply with the strictures of Fed. R. Civ. and might afford this Court a sufficient basis for dismissal. However, a dismissal without prejudice under Fed. R. Civ. P. 8(a) would only lead to a new filing and needlessly increase the amount of time and money already expended. Thus, the Court will plunge into the complaint's "Serbonian Bog" and deal with the pending Fed. R. Civ. P. 12(b)(6) motions on the merits" "Doug Grant et al v. Greate Bay Casino Corp et al" District of New Jersey Civil Action 97-4291JEI.
*
Justice Breyer used it in a dissenting opinion in "Texas v. Cobb, 532 U.S. 162, 186 (2001)".* Judge William H. Pauley III (2004): "This court declines the City's invitation to wander into a Serbonian bog before a state court has had the opportunity to illuminate the path" [http://times-up.org/index.php?page=199&pimsw=0]
References
*Nuttall
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