This is a video of the plaintiff, Michael Daugherty, talking about his election lawsuit in GA state court, seeking to overturn the two senate elections and to conduct a new election for senate using paper ballots. His suit was timely filed- within 5 days of the election, and as
…I’ve previously reported, is very well drafted. There’s a hearing scheduled for tomorrow afternoon on the defendants’ motion to dismiss. This case is very much worth following. creativedestructionmedia.com/video/2021/07/…
The case was dismissed today for laches, on account of delay in serving the senators. Ossify wasn’t served until last week. Plaintiff’s lawyers argued they had been trying to serve them “for months,” implying they were avoiding service. Nonetheless the judge dismissed with a
one-liner for reasons. It sounded like he was looking for the quickest, easiest off ramp to jettison the case.
That’s Ossoff who wasn’t served until last week. (Damned spell check)
Laches is an equitable defense. That means it’s grounded in fairness and equity. If the defendant was responsible for the delay- by evading service- he’s deemed to not have clean hands, and shouldn’t be allowed to get off on the basis of an equitable defense. Yet the judge took
no evidence on who’s fault it was that it took so long to serve the defendant. If the appellate court is straight and not intimidated by outside pressure, this decision could be reversed and sent back.
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