So former big leaguer Paul Hansmeir has been sent down to the minors.
Maybe he'll be able to file some pro se ADA cases and represent himself. I think the standard under the ADA is you have to suffer from a disability that substantially limits a major life activity, which is defined to include things like reading, thinking, communicating, and working. His stupidity certainly has substantially limited him in those areas. Of course, I doubt a court would let a mentally incompetent represent himself, so it's a dilemma.
This reminds me of the episode of The Big Bang Theory where Leonard's bully comes up with the idea for a device that makes every movie 3D or whatever, and then expects Leonard to figure out how to make it.
"The telecommunications industry is more competitive than ever." Which is, I suppose, just another way of saying the telecommunications industry has never been competitive.
I think this ends it. There is no remand. The Court makes the point several times that the sanctions were civil in nature, so the Prendarastis got all the due process they were entitled to get.
Perhaps some enterprising attorney (hurry Hansmeir before you lose your license) could extend civil forfeiture just a little further and have the documents/data seized as the fruits of unspecified, uncharged crime. There seems to be a pretty low threshold for seizing money and other property.
Sure they are. That's just part of pleading the case and the cause of action. The department failed to properly train, supervise, etc. And it certainly looks like they did. In fact, given that the department itself cleared the officer involved of any wrongdoing, it certainly appears that the department condones roadside rectal exams, at least as long as the officer thinks he remembers the one being violated from a prior drug case.
Take Two will get another chance to file a motion for summary judgment, and at that point the judge will consider evidence and arguments that she really can't consider now. Lindsey ain't out of the woods yet.
4. Is Cy Vance a bloviating hopeless tool? Yes No X
5. What kind of bloviating tool is Cy Vance? Select all that apply. [This question requires an answer] __ helpless __ dickless __ the kind that sodomizes livestock __ one that is obsessed with the "backdoor" __ one with better hair than Donald Trump but far less money __ Other
I like this line from the Supreme Court's opinion:
"A United States District Court found that there was probable cause to believe that the Company’s facilities were being employed to facilitate a criminal enterprise on a continuing basis. For the Company, with this knowledge, to refuse to supply the meager assistance required by the FBI in its efforts to put an end to this venture threatened obstruction of an investigation which would determine whether the Company’s facilities were being lawfully used."
So, what was at stake was the refusal "to supply the meager assistance required by the FBI." Meager. I don't think that word can be applied to anything that Apple is being asked to do.
That the DOJ has asked the district judge to basically overrule the magistrate is not at all surprising. It is routine. While I admittedly have not read any of the actual court documents, I presume that the case in question is actually pending before the U.S. District Court. It is common to assign discovery and pre-trial matters to a magistrate judge, who then issues a "report and recommendation" resolving whatever is in dispute. The parties then have a certain amount of time (maybe 30 days, I can't remember) to request that the district court review the magistrate's findings, and they support the request with a brief raising arguments in support of whatever outcome they think is warranted. Here, Apple will also get to present argument on why the magistrate was correct. This isn't a case of forum shopping or the DOJ looking for a sympathetic judge.
I've bought two tubes of this product and found it very useful. But on both occasions, after having the Bondic for a few months, I went to use and found that the top had basically disengaged from the body of the tube, spilling the glue in the case. It happened to both tubes I bought. Too bad I could use the spilled glue to affix the top back to the body of the tube.
On the post: Digital Homicide Drops Its Lawsuit Against Steam Users, Says It's Shutting Down Completely
On the post: Newegg Sues Over Copied Legal Filing; Judge Rules That It's Not Fair Use
On the post: Prenda's Paul Hansmeier Loses His Law License; Won't Be Filing Bogus ADA Lawsuits For Now
Maybe he'll be able to file some pro se ADA cases and represent himself. I think the standard under the ADA is you have to suffer from a disability that substantially limits a major life activity, which is defined to include things like reading, thinking, communicating, and working. His stupidity certainly has substantially limited him in those areas. Of course, I doubt a court would let a mentally incompetent represent himself, so it's a dilemma.
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On the post: The Coming Copyright Fight Over Viral News Videos, Such As Police Shootings
On the post: Photographer Sues Getty Images For $1 Billion For Claiming Copyright On Photos She Donated To The Public
On the post: Former Homeland Security Advisor: Tech Companies Have The Burden Of Proving Harm Of Backdoored Encryption
On the post: Prolific FOIA Requester Celebrates 50th Anniversary Of FOIA Law By Suing FBI Over Its Document Search Methods
On the post: Two Courts Throw Out Turkish President's Bid To Obtain An Injunction Against German Media Boss
On the post: House Attacks Net Neutrality, Cable Box Reform With Sneaky Budget Rider
On the post: Appeals Court Trashes Prenda's Appeal, Affirms Sanctions
Re: "Not for publication"
On the post: Court Dumps Hastily-Granted Restraining Order, Says MuckRock Can Publish Smart Meter Documents
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And gives the big middle finger to the American people.
On the post: Police Officer Attempts To Set Record For Most Constitutional Violations In A Single Traffic Stop
Re:
On the post: Surprise: Court Allows Lindsay Lohan's Suit Against Take-Two Interactive To Go Forward
On the post: Senator Lindsey Graham Finally Talks To Tech Experts, Switches Side In FBI V. Apple Fight
Re:
On the post: NY DA Cy Vance Asks Law Enforcement About Problems With Encryption; Won't Take 'No Problems' For An Answer
5. What kind of bloviating tool is Cy Vance? Select all that apply. [This question requires an answer]
__ helpless
__ dickless
__ the kind that sodomizes livestock
__ one that is obsessed with the "backdoor"
__ one with better hair than Donald Trump but far less money
__ Other
On the post: DOJ Keeps Pointing To A '3 Factor Test' In Its Cases Against Apple; Except No Such 'Test' Exists
"A United States District Court found that there was probable cause to believe that the Company’s facilities were being employed to facilitate a criminal enterprise on a continuing basis. For the Company, with this knowledge, to refuse to supply the meager assistance required by the FBI in its efforts to put an end to this venture threatened obstruction of an investigation which would determine whether the Company’s facilities were being lawfully used."
So, what was at stake was the refusal "to supply the meager assistance required by the FBI." Meager. I don't think that word can be applied to anything that Apple is being asked to do.
On the post: DOJ To NY Court: Hey, Can We Have Another Judge Look Over That Ruling About Breaking Into iPhones?
On the post: Daily Deal: Bondic Pro Kit
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