You don’t typically see a judge impose Rule 11 sanctions when dismissing a case. But the fact that this judge has raised the possibility if Nunes/Biss file another deficient complain chock full of nonsense makes it far more likely that he’ll do so. And because he’s put plaintiff on notice, you can best believe that the defense will be ready to request sanctions. The good news is I’m not convinced Biss has it in him to draft a pleading that won’t run afoul of Rule 11.
Dude, if you’re debating a Harvard law professor and think you’re at a disadvantage, put out the PopeHat signal. I think he probably loves debating Harvard law professors.
A little nuance to this story. The district judge's order is actually adopting the report and recommendation of the magistrate judge. That means that the magistrate considered the motion first, received the briefs, handled any oral argument, and then wrote a report and recommendation, at which point both sides could offer a response. Only after that process did the district judge issue his decision. He's adopted the position of the magistrate. So that's two judges in that courthouse who are thumbing their noses at precedent.
Back when I clerked for a federal judge, I loved the report and recommendation. Usually the magistrate had already done the heavy lifting. Looks like here the district judge and his clerk should have done some of the lifting on their own.
“I suppose you want to know why I pulled you over.”
“Yes officer, what did I do?”
“It’s your license plate.”
“Oh no! What do you mean? What’s wrong with it?”
“It’s being displayed in an appropriate manner and I can see it. License and registration, please.”
“OK? . . . Here you go. But, why is it a problem again? I don’t understand?”
“AHA! You have a license and registration, too! I’m afraid I’m going to need to place you under arrest.”
“WHAT!? Why?”
“Well, I’m charging you with displaying your license plate and having a license and registration. In my experience, drug dealers to those very same things, so this is all very suspicious. You’re under arrest for trafficking drugs. Do you have any money on you?”
Silly us for thinking that the Discouraging Frivolous Lawsuits Act was about actually stopping frivolous lawsuits. Clearly we read it wrong. The Co-Sponsor is all about filing all the discouraging frivolous lawsuits he can file. In fact, somebody may want to give the law a close read. It may be that there's as prize for the person who files the most discouraging frivolous lawsuits and right now, Nunes may be winning.
I didn't look at the case being quoted, just at the quote, so what you and Dan say makes sense. On the other hand, the quote doesn't say "Plaintiffs," which might be how I would refer to the specific plaintiff in a case, or even "These Plaintiffs," etc. The quote says "a plaintiff," which I would take to mean plaintiffs generally. For that reason, I think it's just a typo and he meant "defendants."
“The government in Woodhull assured that court that “FOSTA changed nothing about Section 1591’s scienter standard,” and that a plaintiff “cannot credibly fear criminal or civil liability [if] it has no specific knowledge about the content of any of the material it obtains” or “be prosecuted under FOSTA [if] it has no knowledge about any individual webpage nor criminal intent.”
Just as an aside, Plaintiffs usually aren’t worried about criminal or civil liability when they file lawsuits. Defendants, on the other hand, can get all butt-puckered.
Oh please let somebody at Teespring contact Mike to find out why Techdirt pulled its merchandise from the company.
Mike: "I apologize if you disagree with this decision, but our choice to take our business elsewhere is not up for discussion. You will not receive anymore communication on this matter."
On the post: South Carolina's Top Court Decides Black Men Should Feel Free To Terminate 'Consensual' Stops By Law Enforcement Officers
Re: Sentencing
That caught my eye too. I’m assuming that this was a persistent felony offender situation. Off to read the entire opinion.
On the post: As Court Finally Dumps One Of Devin Nunes' Ridiculous Lawsuits (With A Warning About Sanctions), Nunes Promises To File Another
Re:
You don’t typically see a judge impose Rule 11 sanctions when dismissing a case. But the fact that this judge has raised the possibility if Nunes/Biss file another deficient complain chock full of nonsense makes it far more likely that he’ll do so. And because he’s put plaintiff on notice, you can best believe that the defense will be ready to request sanctions. The good news is I’m not convinced Biss has it in him to draft a pleading that won’t run afoul of Rule 11.
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Oh man! I can’t wait for PETA to jump in and file a copyright lawsuit on behalf of the pig.
On the post: NYPD Lied About National Security During An Attempt To Obtain A Journalist's Records From Twitter
Re:
“Just remember. It’s not a lie . . . if you believe it.” - George Costanza, New Yorker
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Re:
John Steele might be up to be part of that.
On the post: Arizona Legislator Wants To Strip Platforms Of Section 230 Immunity If They're 'Politically Biased'
A Republican who wants to outlaw speech about social justice. I’m stunned.
On the post: Techdirt Podcast Episode 238: Larry Lessig Defends His 'Clickbait Defamation' Lawsuit
Dude, if you’re debating a Harvard law professor and think you’re at a disadvantage, put out the PopeHat signal. I think he probably loves debating Harvard law professors.
On the post: Copyright Troll Richard Liebowitz Drops Case After Suing On Behalf Of The Wrong Party And Trying To Swap Plaintiffs
There’s no lie in Liebowitz. Oh . . .
On the post: Federal Court Ignores Journalist Privilege For Reporting On Court Documents; Allows Bullshit Defamation Suit To Proceed
A little nuance to this story. The district judge's order is actually adopting the report and recommendation of the magistrate judge. That means that the magistrate considered the motion first, received the briefs, handled any oral argument, and then wrote a report and recommendation, at which point both sides could offer a response. Only after that process did the district judge issue his decision. He's adopted the position of the magistrate. So that's two judges in that courthouse who are thumbing their noses at precedent.
Back when I clerked for a federal judge, I loved the report and recommendation. Usually the magistrate had already done the heavy lifting. Looks like here the district judge and his clerk should have done some of the lifting on their own.
On the post: Court Tosses Evidence From Pretextual Stop When Dashcam Shows Cop Had Zero Reason To Perform A Stop
“I suppose you want to know why I pulled you over.”
“Yes officer, what did I do?”
“It’s your license plate.”
“Oh no! What do you mean? What’s wrong with it?”
“It’s being displayed in an appropriate manner and I can see it. License and registration, please.”
“OK? . . . Here you go. But, why is it a problem again? I don’t understand?”
“AHA! You have a license and registration, too! I’m afraid I’m going to need to place you under arrest.”
“WHAT!? Why?”
“Well, I’m charging you with displaying your license plate and having a license and registration. In my experience, drug dealers to those very same things, so this is all very suspicious. You’re under arrest for trafficking drugs. Do you have any money on you?”
On the post: Leaked Document Suggests Possible Facial Recognition Ban In Europe
Ah great! Guess I bought that Guy Fawkes mask for nothing.
On the post: In A Blatant Attack On Press Freedom, Brazilian Government Charges Glenn Greenwald With 'Cybercrimes' For Reporting On Leaked Documents
Re: re: obtuse?
Whoa, whoa, whoa, wait just a minute . . . Mike’s a lawyer?
On the post: Rep. Devin Nunes Now Threatening To Sue Fellow Congressional Reps
Silly us for thinking that the Discouraging Frivolous Lawsuits Act was about actually stopping frivolous lawsuits. Clearly we read it wrong. The Co-Sponsor is all about filing all the discouraging frivolous lawsuits he can file. In fact, somebody may want to give the law a close read. It may be that there's as prize for the person who files the most discouraging frivolous lawsuits and right now, Nunes may be winning.
On the post: Civil FOSTA Suits Start Showing Up In Court; Prove That FOSTA Supporters Were 100% Wrong About Who Would Be Targeted
Re: Re: Re:
I didn't look at the case being quoted, just at the quote, so what you and Dan say makes sense. On the other hand, the quote doesn't say "Plaintiffs," which might be how I would refer to the specific plaintiff in a case, or even "These Plaintiffs," etc. The quote says "a plaintiff," which I would take to mean plaintiffs generally. For that reason, I think it's just a typo and he meant "defendants."
On the post: Civil FOSTA Suits Start Showing Up In Court; Prove That FOSTA Supporters Were 100% Wrong About Who Would Be Targeted
Re:
Also, what about Greyhound? I bet they’ve provided the transportation. And let’s not forget budget motels.
On the post: Civil FOSTA Suits Start Showing Up In Court; Prove That FOSTA Supporters Were 100% Wrong About Who Would Be Targeted
“The government in Woodhull assured that court that “FOSTA changed nothing about Section 1591’s scienter standard,” and that a plaintiff “cannot credibly fear criminal or civil liability [if] it has no specific knowledge about the content of any of the material it obtains” or “be prosecuted under FOSTA [if] it has no knowledge about any individual webpage nor criminal intent.”
Just as an aside, Plaintiffs usually aren’t worried about criminal or civil liability when they file lawsuits. Defendants, on the other hand, can get all butt-puckered.
On the post: Spectrum Customers Stuck With Thousands In Home Security Gear They Can't Use
What do you want to bet that if somebody hacked the firmware to make the Spectrum gear useable again, Spectrum would run to court to stop them?
On the post: Teespring Takes Down Our Copying Is Not Theft Gear, Refuses To Say Why
Oh please let somebody at Teespring contact Mike to find out why Techdirt pulled its merchandise from the company.
Mike: "I apologize if you disagree with this decision, but our choice to take our business elsewhere is not up for discussion. You will not receive anymore communication on this matter."
On the post: The Subtweet Defense Wins: Elon Musk Cleared In Defamation Case
Too bad that James Woods' suit couldn't have gone to a jury.
On the post: Tony Robbins Crosses The Atlantic For Some Libel Tourism In Ireland; Files SLAPP Suit Against Buzzfeed
“It is in your moments of decision that your destiny is shaped.” — Tony Robbins
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