Discover and read the best of Twitter Threads about #LitigationDisasterTourists

Most recents (24)

Hey, #LitigationDisasterTourists, remember what I said about the difference between Trump judges and Trumpist judges? The 11th Circuit just drove that home to one Donald J. Trump in an opinion issued by a panel including two judges he appointed
The ruling is stayed ONLY as to two aspects: the review of classified documents and the injunction stopping the criminal investigation. So Judge Dearie stays in place for the rest.

But since those were the only parts Trump actually cared about, this is a massive blow to him
I'm not going to go over their recap of the facts & procedural history, but it's worth noting that they specifically said that NARA was acting as it was supposed to in trying to get documents back from Trump
Read 36 tweets
Hey, #LitigationDisasterTourists - at about 11pm last night, the US filed its 11th Circuit response on its motion to stay.

As Zuma would put it, let's dive in

(Yeah, I've got little kids, and that show's watchable. It is what it is)
This is how you open a reply brief:

Reset the factual situation
We showed XYZ
Their opp does nothing.

And it hammers the key point: When push comes to shove, Trump has no substantive argument - so much so that they never even really tried pretending otherwise Image
Then immediately onto Schrodinger's Declassification, making the point that (1) he hasn't actually said he did that, so it can't be a basis to grant relief and (2) even if he'd done it, it wouldn't change the analysis Image
Read 28 tweets
Hey, #LitigationDisasterTourists, Trump has filed his 11th Circuit opposition to the government's motion to stay Judge Cannon's order with respect to the 100 documents bearing classified markings. Let's do a live read?
Background: The government basically rehashed its stay application that Cannon denied, this time filing it in the 11th Circuit and using phrases like "of course 'documents bearing classification markings' are easy to segregate, THEY ARE THE ONES WITH CLASSIFICATION MARKINGS"
It was framed, essentially, as a "Motion to say 'what the fuck, Judge Cannon?'" based on the basic principles of "Trump can't have a possessory interest in documents with classification markings, or any conceivable privilege in them"

Now Trump is responding
Read 35 tweets
Hey, #LitigationDisasterTourists, we have 🚨🚨🚨🚨🚨developments 🚨🚨🚨🚨🚨 in the Mar-a-Lago litigation.

Requires some background, but let's just say it looks like TFG is going to regret suggesting Judge Dearie as the Special Master
So on 9/16, Judge Dearie issued an order directing the parties to submit a proposed agenda for the 9/20 preliminary conference. The US did that earlier today, & mentioned that Dearie had circulated (to the parties) a draft Case Management Plan…
Trump's response, though? That says a lot.
Read 20 tweets
OK, #LitigationDisasterTourists, let's talk about the latest lawless decision from Judge Cannon - and I *do* mean "lawless"
Not who she selected as Special Master; Dearie is one of Trump's nominations but one the Government consented to.

The government had asked Judge Cannon to stay her decision as it applied to the 100 documents they seized from Trump with classification markings
The government's point was pretty simple: You appointed a Special Master because (well, at least you claim because) you don't trust our filter team to identify potentially attorney-client privileged documents and to look at executive privilege claims. But ...
Read 33 tweets
So here's the thing, #LitigationDisasterTourists (and particularly @CoachTA13 who sent me this tweet): This is a solid motion that should and will be granted.

Yes, his defamation suit is a SLAPP, especially against the reporters. But this is about his accuser's battery claim
And on that one, the accuser doesn't have a *legal* leg to stand on. Rightly or wrongly, her accusation that he battered her was heard and decided, in the context of her application for a protective order, on the same standard as applies to her civil battery claim
The court took testimony and ruled that she hadn't proven battery by a preponderance of the evidence.

Unless there's some nuance in California law I'm missing, that ends that subject forever. It's called "issue preclusion" and it applies between parties who litigated an issue
Read 5 tweets
OK, #LitigationDisasterTourists, let's take a look at the briefing by both sides on this attempt by #WashingtonHebrewCongregation to claim they had parents waive liability for WHC fondling their kids at daycare, a sentence I can't believe I just typed.
Not going to do a full run through of every brief, just wanted to touch on some things at a high level (he typed before realizing that's NOT the phrase of choice in this context) because I have concerns with how both parties opted to brief their arguments.
Just to be clear, since a word got dropped in that first tweet, the kids fondled at #WashingtonHebrewCongregation were fondled by WHC *staff*, not by the building itself. Just in case anyone was wondering.
Read 34 tweets
Hey, #LitigationDisasterTourists in some shocking news.

And yeah, the court has what to say. Gotta finish off some client work before I dive into this later today.

But while you wait, here's the link to the thread from when this was filed. Image
Folks, you probably don't even need me to break this one down for you, because judge Middlebrooks wrote most of it for a lay audience (most likely because he realized that included Trump's "lawyers"). Let's hit the highlights!
Here's the judge's summary of what specific nonsense Trump tried to argue ImageImage
Read 59 tweets
Hey, #LitigationDisasterTourists, this ruling in New Mexico disqualifying a County Commissioner from office as an insurrectionist under Section 3 of the 14th Amendment is pretty important.

It's the first case to interpret the Insurrection clause's application to J6. Let's read
Note: The Insurrection Clause bars people from office unless Congress "removes the disability". The Madison Cawthorn case from earlier this year addressed the interplay between that clause and the 1872 Amnesty Act, which removed the disability from civil war participants
Cawthorn argued that the Amnesty Act meant nobody who ever committed insurrection in the future could be barred from office either - and got a District Judge to sign off on that. The 4th Circuit went "LOL, no. Linear time, my friend"
Read 26 tweets
OK, #LitigationDisasterTourists, let's take a run at a true litigation disaster - Judge Canon's order in the Trump Mar-a-Lago case. Will have to take a few breaks to help around the house, but let's do something different this time, and NOT start by reading the order.
Instead, let's review the Nixon cases that set the basic background for how courts respond to executive privilege claims by former officials.
We'll start with Nixon v. Administrator of General Services, 433 U.S. 425 (1977), a Supreme Court case you can find here…
Read 41 tweets
OK, #LitigationDisasterTourists, there's actually some stuff in the "What the special master should do" section that we need to talk about.

Like this:
The Trump team is actually asking that they be allowed access to all of the classified material at issue and to provide "privilege" and "personal" designations to the special master ex parte - meaning without needing to tell the government what they're claiming is priv/personal
They then say that the special master should review only the stuff designated as privileged, but anything designated as "personal" should just be turned back over to Trump immediately
Read 9 tweets
OK, #LitigationDisasterTourists, let's make today a twofer and read through Trump's reply to the DOJ's filing
Let's start with this:

He's not the fucking President anymore, guys. And that kind of makes a huge difference in this case, too Image
They're trying to start off with a bang, but this fizzles, badly.

The "extraordinary" position of the DOJ is that they get to evaluate whether there was a crime and if so whether to prosecute?

My dude, we call that "Wednesday" Image
Read 50 tweets
OK, #LitigationDisasterTourists, let's review the DOJ's Mar-a-Lago filing. A terrific brief - well written and persuasive - it does exactly what you want to do when you're defending a motion: offer the judge multiple independent reasons to say "no"…
That said, I don't love the start of this brief. As the old commercial said, you never get a second chance to make a first impression, and the intro to your brief is where you do that. I always want to start with something high-impact that catches attention/sets a tone or theme
This is not that.
Read 85 tweets
Hey, #LitigationDisasterTourists, it's time to look at the Ur-text of litigation disaster tourism, the decision on appeal from the place where, in many ways, all of this started:
For those of you who don't know the backstory, that's Vic Mignogna, a relatively famous anime voice actor with a long-whispered unsavory reputation as a sex pest.
Way back in (IIRC) 2019, those allegations exploded into public view at about the same time as the release of the Dragonball Super:Broly movie in which he played the lead character (it apparently involved screaming a lot, don't ask me, I'm not a DB guy)
Read 65 tweets
Hey, #LitigationDisasterTourists

Want an explainer on why this is nightmare fuel - and why it's so important to have lawyers who know what the rules are?
OK. This is going to be a relatively short thread, because it's a relatively short decision.

First, some background about the way Federal Courts work
Not everything can go to federal court. In fact, they only take two types of cases: federal question (case involving federal law/constitution) or diversity (case between citizens of different states or a US citizen and a foreigner).

State law dispute between 2 NYers?
Read 21 tweets
OK, #LitigationDisasterTourists, I promised you a breakdown of the #DeshaunWatson decision, so here it comes.

Fair warning - there's some pretty gross conduct described in the opinion and the outcome is, IMO, a disaster.
Judge Robinson, who decided this case after being jointly appointed by the NFLPA and NFL is an extremely experienced former federal judge; she retired from the District of Delaware in 2017.
Read 36 tweets
Hey, #LitigationDisasterTourists, in a SHOCKING twist, Sandmann has lost his defamation cases. Let's read the order, shall we?…
Gonna skip past the procedural background and get to the description of the evidence on the motion:
So, how did Sandmann's deposition go?
Read 26 tweets
Hey, #LitigationDisasterTourists and CivPro geeks, this is definitely worth a look.

Tl;dr: In 2018, the NJ AG sent cease and desist letters to people who were publishing 3d-printing files for guns and gun parts.

Those folks sued the NJ AG in Texas.
The NJ AG moved to dismiss for lack of jurisdiction, and the Texas Ct granted it.

The 5th Circuit reversed.

The NJ AG then asked to transfer the case to NJ, where another similar case was pending. TX court granted it. Case was transferred and consolidated with the NJ case.
Meanwhile, the plaintiff asked the 5th circuit to order the judge to take the case back. And it did. Except, because the case had already been transferred, all it could do was order the Texas district court to ASK the NJ district court to send the case back
Read 6 tweets
Hey, #LitigationDisasterTourists

Not going to do a full thread on this, since it's just a rehash of the complaint that we covered here . But a few notes
First, since we last looked at this lawsuit, pthe defendants filed motions to dismiss pointing out that this lawsuit was the legal equivalent of 14 squirrels in a trench coat pretending to be human; transparently ridiculous nonsense it's hard to believe exists in real life
Instead of opposing the motions, Trump decided to amend his complaint to fix the defects pointed out in those motions to dismiss
Read 12 tweets
First of all, this just denial of a motion to dismiss. It's not a final ruling. Second, here's the Court's discussion of Ohio common-carrier law. (You can see immediately why this might apply to Google but definitely not to social media) Image
Ah. Yeah, this is a pure "on a motion to dismiss, the Court can't consider reality, just what was alleged in the complaint" type of ruling. Image
Read 22 tweets
Hey, #LitigationDisasterTourists, some good breaking news out of the 11th Circuit, which just absolutely gutted Florida's social media law today
The panel was Newsom (Trump appointee), Tjoflat (Ford!), & Carnes (Bush I), so that's three GOP appointed judges - and Newsom had the opinion. It's always nice to see the difference between a GOP-appointed judge and a GOP judge.
Let's roll through this really well written opinion, which does God's work of addressing some of the lunatic right-wing talking points for why this version of government censorship ought to be OK, really. (Just imagine he's screaming "Pruuuuuuuuneyaaaaaard!")
Read 82 tweets
Hey, #LitigationDisasterTourists - I did say I'd start looking at the performative lolsuit Missouri and Louisiana filed against Joe Biden, so let's get into it.
A couple of things to notice, right off the bat.

1) They filed it in the Western District of Louisiana, Monroe Division. Normally, you'd expect the Louisiana attorney general to file cases on behalf of the state in the Middle District of Louisiana, which covers Baton Rouge Image
After all, that's the state capitol and where AG Jeff Landry has his office.

So why the Western District, and Monroe Division?

Because it has only 1 active judge, a Trump appointee.
Read 117 tweets
OK, #LitigationDisasterTourists, let's talk about @BauerOutage suing @TheAthletic for defamation
Bauer, for those of you who don't know, is a really really good, really highly paid pitcher. He's also got a temper (the above gif is him launching a baseball in frustration after, IIRC, giving up a home run) and, well, you'll see ...
Bauer is suing two and only two defendants: The Athletic itself, and Molly Knight, one of its former reporters.

And he's suing in his home state of California.
Read 98 tweets
So, you maaaaaay have seen that Trump filed a lolsuit against his many and varied political nemeses.

McCabe, of course, is the *Republican* that *Trump* appointed to run the FBI after he fired James Comey
As an aside, the plural of "nemesis" should be "nemesi", not "nemeses". It isn't, and that makes me sad
Read 103 tweets

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