So... This is NOT actually a crazy defamation suit. It's filled by Stephen Biss, so of course it's filed in the wrong jurisdiction (EDTX, where NBCU isn't subject to jurisdiction and has no connection to the events). But (and I can't believe I'm saying this) the core is viable
*filed, swype. Come on.

The core allegation is simple: Maddow reported that I accepted a package from Andriy Derkach, a Russian agent, refused to turn it over to the FBI, and refuse to tell anyone what was in it. I actually never accepted it & turned it over to the FBI unopened
Those are specific statements of fact by Maddow, which he alleges are false. That clears the first hurdle: he's actually suing about statements of fact, not opinion, which means it's legally possible for them to be defamatory
That, of course, leaves actual malice: he has to plausibly allege Maddow either knew the claims were false when she reported them or thought they probably were false and reported them anyway. Here's how he does that
Of course, he's mostly citing right-wing news sources and has no evidence that Maddow actually knew or believed any of that. But for Twiqbal purposes, and especially when the element being questioned is the state of a defendant's knowledge, "this was publicly reported earlier"...
has got to be enough to get him into discovery about what she knew when she made her report. And it is going to be her burden to show that she had a source that was telling her something different

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More from @AkivaMCohen

5 Aug
The decision in the Laura Loomer fee application is out. She got tagged for 123K. Let's take a look
Reminder of how we got here. Twitter banned Loomer (because she's incredibly awful and an Islamophobe). Loomer, as one does, sued CAIR, alleging that they conspired with Twitter to have her banned. Image
Florida law lets parties make an "offer of judgment" - basically, "I'll stipulate to a judgment in the amount of [insert dollars] if you will" - and says "if the other party denies it, and you do better than that as an end result, they have to pay your fees"
Read 18 tweets
30 Jul
ScarJo complaint here. This is one of those breach of contract claims that should be a law-school example for years to come. The parties are arguing about whether the contract's requirement that Black Widow be given a "wide theatrical release" precluded simultaneous streaming
This is super important, because ScarJo's pay for the movie was tied to box-office receipts, and there's no question that the simultaneous release on Disney+ cost her loads and loads of money.
Her complaint alleges 50M, and while numbers in complaints are not necessarily the best metric (they can be pie-in-the-sky moonshots from plaintiffs), in a case like this that tells me that 50M was one of the potential bonuses on enough box office sales.
Read 38 tweets
26 Jul
1) That's not a thing; trademark abandonment under US law requires non-use *anywhere* for a period of three years. Registration of your TM gives you national rights, even if you only sell in a small town.

2) US TM law has NOTHING to do with rights in Israel @AttorneyNitsana
3) Israeli TM law requires a similar showing: see 8.1 here iclg.com/practice-areas…

4) They say they intend to remain within pre-67 Israel so unless you're suggesting Judea and Samaria are legally distinct from Israel (which you don't want to do, right @AttorneyNitsana?) then...
not selling in Judea and Samaria is no different, for purposes of revocation, from a company deciding it won't sell in Afula but will sell everywhere else in the country.

5) There would be MASSIVE customer confusion.

In sum, this is fucking stupid. @AttorneyNitsana
Read 7 tweets
23 Jul
We begin with the table of contents. It suggests Wood is arguing two issues: 1) I never authorized Sidney Powell to put my name on this complaint; 2) I didn't violate a court order by sending out a clip of the hearing on Telegram. That second one is, of course, new.
Wait - no. This isn't Wood's supplemental brief on the sanctions motion. The court actually ordered him to show cause why he shouldn't be sanctioned for the video thing, entirely separately. I missed that.
Read 26 tweets
16 Jul
I want to spend some time taking you through what looks like a case with actual merit - a discrimination case against the USDOJ. Full disclosure: the plaintiff is a friend of mine - a former mentee, a deeply good human being, and an excellent lawyer.
In other words, while I don't have personal knowledge of anything alleged here, if Shamiso is saying something happened, I believe it. And after you look at the DOJ's answer, I'm guessing you will too.
Here's the basic story: Shamiso got pregnant and had a child who, for medical reasons, needed to have breast milk. That sometimes meant that when Shamiso travelled for work, so did the baby. Her supervisor did not like any of that, and fired her for it.

And away we go
Read 48 tweets
14 Jul
1) I don't think people should be fired for old tweets, unless they're still the same people they were when they said the thing

2) If your statement involves trying to get people to understand the context in which you tweeted "Hitler was right" you're not changed enough
There isn't really any context that makes it ok, or better, or whatever. And that's not something that "youth" or "ignorance" explains away; you knew enough to know that Hitler had murdered Jews, tried to exterminate us, and were saying he was right
Being pro-genocide isn't a function of youth, or ignorance. It's a function of a deep moral failing. And that you still seem to think it's somehow excusable is enough evidence, for me, that you still deserve to be fired
Read 5 tweets

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