Here's a short thread for the nonlawyers on just how monumentally, inexplicably, thoroughly stupid this particular oopsie @LLinWood's lawyers made was:

Citing a case that is bad law is easy. If you are not a lawyer.

If you are a lawyer, it is very very hard indeed.

Here's why:
I was - technically - not taught how to determine if a case was still good law during my first year in law school.

That's because the basics - which lawyers call "Shepardizing" for reasons we won't get into now - were taught during orientation, before 1L officially started.
Here's how that process works.

Step 1: I jot down the case citation. I'll just use the numbers, not the name here - 985 F.2d 1471.

Step 2: I fire up Westlaw (or Lexis).
Step 3: I type the citation into the search box.

Step 4: I click search.
And, literally, the results that come up give me a literal RED FRIGGING FLAG.

More than 1.

It even says "abrogated by" and gives the case that made my case bad law, and a link to that case.
And that's it. For this case, it is literally that simple.

(I mean, yes, you still read the case and hope to find a way that yours is still good law, but the clues are there immediately.)

It's very hard to screw that up when it's that clear that your case is no longer good law.
Seriously, @LLinWood - your big moment, your chance to shine, your attempt to save the Trump Presidency, and you couldn't be bothered to shell out for a law firm competent enough to Shepardize a case?

Really, were you even trying?
The IP lawyer in me is making me note that technically I used WestLaw's KeyCite for that. Technically, to Shepardize a case I'd have to use Lexis - they own Shepard's Citations and the associated marks and goodwill.

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More from @questauthority

21 Nov
Good evening, followers of Rudy's judicial hijinks and other interested partes. Trump v. Boockvar - the "The Normal Kind" case - just got tossed out, with prejudice and without leave to amend.

Anyone up for a liveteet? Great, let's get started:…
I sometimes skim before livetweets, but I'm starting this one cold - I didn't even read the snipped that @j_remy_green posted.

I did, however, see the docket. Dismissed with prejudice and without leave to amend suggests that nothing about the case impressed the judge. Image
We got the punchline from the docket, so there's no need to jump to the end. We can start at the beginning.

The start of the memorandum makes it clear that this addresses only the motions to dismiss - which makes sense. If defendants prevail on this (and we know they did)... Image
Read 78 tweets
20 Nov
Hello, followers of the litigation antics of Rudy "the normal kind" Giuliani - new filing.

It's styled as a memorandum of law in support of their 2nd Amended Complaint. This is strange because that was filed with a memorandum in support days ago.…
So let's dig in and try and figure out what's going on here.

After the now-infamous hearing on the 17th, the following briefing schedule was set out. As you can see, the motion for leave to amend was due at 5 pm on the 18th.

Today is the 20th, and time is still linear.
And, in fact, the plaintiffs filed a motion to amend on the 18th. It was 10 pages long and had the stuff you'd expect from a memorandum in support.

In fact, the filed it twice on the 18th because they screwed up the first time and had to re-do their homework.
Read 12 tweets
20 Nov
Actually, Lin, I was listening. It was a very clear oral ruling.

You lost the TRO motion because you had no standing to bring the case.

You also lost the TRO motion because you had no likelihood of success on the merits because you failed to state a claim.

You also...
...lost the TRO motion because you had no likelihood of success on the merits because the judge found on the record that the consent agreement is consistent with GA law.

You also lost the TRO motion because you had no likelihood of success on the merits because the judge...
...found that the consent agreement doesn't result in disparate impacts of any kind, and is actually consistent with the statewide guidance you claimed to be seeking.

You also lost the TRO motion because of laches - you had 8 months to sue over the consent agreement and didn't.
Read 7 tweets
19 Nov
I'm listening to the L Lin Wood hearing - won't livetweet.

But I will say this:
I'd love to play poker with Lin's lead attorney.
Youch. Mr. Smith was stammering so hard the judge had to yell to get a word in edgewise.
(OK, maybe I'll livetweet a tiny bit.)
Read 123 tweets
19 Nov
The new, and only remaining, Trumpian strategy is to try to use confusion to run out the clock and make states fail to certify. This is VERY unlikely to succeed, but there will likely be a post-Thanksgiving litigation blitz in states where they're voluntarily dismissing now.
We're already seeing some of this in how the Trumpistas are proceeding in Pennsylvania. Late filings, multiple amended complaints, deleting and restoring claims, arguing things not in pleadings, and generally attempting to run out the clock.
Judges dislike sanctions motions, and the safe harbor timeline makes Rule 11 difficult, but this "litigation" strategy seems to be the *exact* thing that 28 U.S.C. § 1927 is intended to prevent, and I'd dearly love to see @marceelias and his team push for sanctions on this basis.
Read 8 tweets
19 Nov
Like most of the copyright twitter and lawtwitter people who have been asked about this, I'm utterly appalled by Disney's conduct here. #DisneyMustPay for real.

That's the moral take. Legally, it's difficult to make firm statements based on the limited information available.
The issue is that this is more a contractual dispute than a copyright one. It appears that, as is often the case with tie-ins and spinoffs, Alan Dean Foster does not own the copyright in his works. This was almost certainly established when the books were first written.
(We see something similar in the unfolding dispute between Dragonlance authors Weis and Hickman and WOTC - they created, but do not own, much of the Dragonlance universe.)
Read 6 tweets

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