Oh my dear sweet lord. Why? How?

How are actual lawyers still signing and filing pieces of garbage like this?
Terpsehore Maras is suing Dominion for defamation, because they said [IN A PLEADING] that the Arizona court called her affidavit for Sidney Powell "unreliable" ... when the court just said that Powell's experts were generally derived from unreliable sources.
There's just so much wrong here. But look, litigation privilege exists. That means you literally can't sue someone for defamation over things they say in a document filed with a court in a litigation.

And that's literally all she's suing over
Also, she has somehow filed this case in Tennessee.

Though she lives in Ohio and the Defendants are all based in Colorado.
Her theory of personal jurisdiction is "Dominion is generally subject to suit in Tennessee, a state in which they do not reside and are not incorporated, because they do business there regularly" and, sweetie, the US Supreme Court has said that's not a thing anymore.
But really, forget jurisdiction. What the hell is her theory of *venue*?
Jurisdiction is "can the defendant be brought into this court?"

Venue is "even if they can, is this really the right court for this dispute?"
What possible connection can M.D.Tenn. have to a defamation suit between an Ohioan and Coloradoans, over alleged defamation in DC pleadings, based on a judge's findings in an Arizona lawsuit?

In the words of the great legal scholar Samuel Johnson, why are we HERE?
Oh, honey, no.
Is "the property that's the subject of the action" located in the Middle District of Tennessee? No. It's a defamation claim. There's no such property.

Did a substantial part of the events or omissions giving rise to the defamation claim happen in Tennessee? No. Of course not.
You're claiming they defamed you in a pleading filed in Washington D.C. (which isn't Tennessee) based on some stuff that happened in Arizona (also, for those following along, not Tennessee), based on an aff you presumably wrote in Ohio (which, I guess, might be Tennessee? OK, no)
Seriously, this is a meth addicts version of the Kraken lawsuits; it's not even tangentially adjacent to anything approaching a potentially valid claim, and this gentleman should have his bleeding suit and wallet at the ready

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More from @AkivaMCohen

10 Sep
Huge news in Epic v. Apple, where the judge just ruled for Epic that Apple *must* allow app developers to provide users with non-AppStore purchasing options if they want them, under California unfair competition law - but also that Apple was not a monopolist under anti-trust law
The court also found Epic breached its contract with Apple and is required to pay them millions of dollars. Time for a live-read
The court starts with a recap of the case, and a discussion of the parties' views of the "relevant market." In an antitrust case, the definition of the market can be the ballgame, because whether a defendant has monopoly power may depend on how tightly or widely you zoom in
Read 39 tweets
31 Aug
It's time to stop pretending that most Americans have a coherent view of foreign policy. 75% wanted troops to remain until all civilians could get out, and also wanted no danger to troops, and also wanted troops out as fast as possible, and also ...you can't do FoPo by poll
And btw, this isn't a shot at "ordinary Americans". This stuff is HARD. It's complex, it requires wide-ranging domain specific knowledge, and the domains are way more distinct than just "foreign policy" or "military" or "diplomacy"
What works in Afghanistan won't necessarily work in Botswana, and vice-versa. Hell, it won't necessarily work in Uzbekistan, right next door.

Conducting foreign policy by polling is like building an airplane by polling; the people you're asking just don't know enough to give ...
Read 6 tweets
31 Aug
This is the correct legal decision on the facts and the law (gimme a sec) which should be enough to tell you that the law itself is the problem here, and has to change.

Also, with respect to Dilan, he's 100% wrong about what the Missippi Supreme Court found. See below.
Why is it the correct legal decision? Mississippi does not have no-fault divorce, so the abused spouse here had to prove "habitual cruel and inhuman treatment" to get out of her marriage. There was a trial, and the trial judge found she hadn't proven - without expressly saying if
That failure of proof was either because (1) the judge believed the wife's testimony about what happened in the marriage but didn't think it was sufficiently cruel; or (2) the judge believed the husband and didn't believe the wife
Read 12 tweets
8 Aug
Oh, baby, no, what are you doing?
"You are discriminating against us on the basis of race, in that some of us are black and some of us are white" might be the stupidest line in this godawful year of performative political litigation, and that's in a field fucking full of elite level contenders
Lest you think that stupid performative political litigation is limited to the Trumpist right, this is a suit filed by some of the Democrats who fled Texas to deny the legislature a quorum, against Texas' governor, house speaker, and - AFAICT - a random Black GOP house rep
Read 24 tweets
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.
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
4 Aug
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
Read 6 tweets

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