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Started By
Message
re: Rudy responds to Dominion Lawsuit
Posted on 1/25/21 at 3:11 pm to WDE24
Posted on 1/25/21 at 3:11 pm to WDE24
quote:
Because Rudy discussed counter suits/counterclaims. You believe him to be referring to anti slapp procedures which I don’t believe would be a counter suit or counterclaim under the DC anti slapp statute. One which the federal court might not even apply.
Got it. So you could mock him you had to point out the flaw in his calling it a counter suit instead of a motion. Got heeeeem!! Well done counselor.
1
Posted on 1/25/21 at 3:12 pm to CaTiger85
quote:No, it is a flaw to assume he was referencing an anti slapp motion in his statement, which was ridiculous on its face.
Got it. So you could mock him you had to point out the flaw in his calling it a counter suit instead of a motion. Got heeeeem!! Well done counselor.
quote:
Ignorance and hubris is not a good combo.
quote:
4The D.C. Circuit has held, in Abbas v. Foreign Policy Group, 783 F.3d 1328 (D.C. Cir. 2015), that the DC anti-SLAPP statute conflicts with the Federal Rules of Civil Procedure and could not be applied in federal court in a diversity case.
This post was edited on 1/25/21 at 3:14 pm
Posted on 1/25/21 at 3:13 pm to lsutigermall
quote:
The President can get away with just making up and saying things while in office. We've been conditioned to think we can still just say things
So how about backing up your assertions here? I know you lefties like spewing CNN talking points but I will play your stupid game. You have the floor...
Posted on 1/25/21 at 3:18 pm to JudgeHolden
Dominion is in the same situation as a great number of the deep state. If the military decides to uphold the constitution I imagine Dominion and the deep state already have committed enough crimes that a frivolous lawsuit will not bring additional judgment. They also are in a position whereas if the military doesn’t intervene and present the evidence of voter fraud- the courts have shown no willingness to allow an honest trial. No court has or intends to allow evidence, Dominion is attempting to skew public perception with this.
Posted on 1/25/21 at 3:21 pm to Jjdoc
I think that they may be fricking with the wrong guy. 
Posted on 1/25/21 at 3:25 pm to JudgeHolden
quote:
He is absolutely right about that. Dominion seems unconcerned.
If Tom Clare is comfortable with discovery I would be comfortable with discovery. He has said is planning a lot more lawsuits past Rudy and Sidney.
Anybody filed papers with Tom Clare's signature on them that isn't concerned is a fool.
The next big piece of the puzzle is who each of the defendants hire to rep them. My advice is to choose well because Dominion is stacked.
Posted on 1/25/21 at 3:40 pm to Obtuse1
Lol at the Poli Legal Sqaud
Posted on 1/25/21 at 3:43 pm to WDE24
There is a split in the circuits, right ? Or are you saying that the correct remedy in the 4th circuit is a countersuit?
This post was edited on 1/25/21 at 3:49 pm
Posted on 1/25/21 at 3:44 pm to JudgeHolden
Guiliani was accusing Dominion of acting under color of state law - regarding the election. These SOS etc had them on site “servicing” equipment (and in some instances remotely). Nothing about which Rudy accused them had them acting independently of the state. Hell - the Domion CEO basically blamed the state im the event the state used its equipment in the way the instruction manual said. Dude acknowledged stares operationsl control. Plus - if you conspire with a state actor to violate someone’s civil rights (whether to vote or to access counsel), same diff.
Posted on 1/25/21 at 3:53 pm to Obtuse1
quote:
My advice is to choose well because Dominion is stacked.
Do you know how hard it is to win a defamation suit, and how much latitude courts give defendants in discovery? 
Posted on 1/25/21 at 3:55 pm to CaTiger85
quote:yes.
There is a split in the circuits, right ?
quote:I’m saying the DC Circuit says the remedy in the US District Court in DC is application of FRCP 12 and 56 and the anti slap statute is inapplicable. As such, it isn’t a given Rudy was implicating anti-slapp in his statement and, if he was, he is likely wrong on its applicability.
Or are you saying that the correct remedy in the 4th circuit is a countersuit?
This post was edited on 1/25/21 at 4:00 pm
Posted on 1/25/21 at 3:57 pm to WDE24
quote:
I’m saying the 4th Circuit says the remedy in the US District Court in DC is application of FRCP 12 and 56 and the anti slap statute is inapplicable. As such, it isn’t a given Rudy was implicating anti-slapp in his statement and, if he was, he is likely wrong on its applicability.
Because the DC anti-SLAPP is procedural and not adopted under Erie? That would make sense.
But why would the Fourth hear an appeal from the DC Circuit?
Posted on 1/25/21 at 3:58 pm to CaTiger85
quote:
Do you know how hard it is to win a defamation suit, and how much latitude courts give defendants in discovery?
Yep.
Posted on 1/25/21 at 3:59 pm to JudgeHolden
quote:Sorry, it was the holding of the DC circuit. the 1st and 9th hold otherwise, I think
But why would the Fourth hear an appeal from the DC Circuit?
ETA: Ca’s question referenced the 4th and I didn’t catch it. I think it was from a misunderstanding of the quoted language I posted earlier.
This post was edited on 1/25/21 at 4:48 pm
Posted on 1/25/21 at 4:12 pm to WDE24
quote:
Sorry, it was the holding of the DC circuit. the 1st, 5th and 9th hold otherwise
ETA: Ca’s question referenced the 4th and I didn’t catch it. I think it was from a misunderstanding of the quoted language I posted earlier.
Got it. Thanks.
Posted on 1/25/21 at 4:19 pm to Crimson1st
Not a lefty but a rare conservative who doesn't believe everything I'm told.
Posted on 1/25/21 at 4:25 pm to WDE24
quote:
They asked for too much money in violation of the constitution.
Nah, prob talking about 1st,7th, 9th,14th.
Posted on 1/25/21 at 4:27 pm to Jjdoc
quote:
It is another act of intimidation by the hate-filled left-wing to wipe out and censor the exercise of free speech, as well as the ability of lawyers to defend their clients vigorously. As such, we will investigate a countersuit against them for violating these Constitutional rights.”
He’s going to sue a private company for violating First Amendment rights? Is he going to try to thread the anti-SLAPP needle?
Posted on 1/25/21 at 4:27 pm to CaTiger85
quote:
Do you know how hard it is to win a defamation suit, and how much latitude courts give defendants in discovery?
From an academic standpoint yes, from a practical standpoint no. It is not my area of practice and our firm doesn't have a defamation team so I don't see them play out. That being said I do know the real players in defamation and Tom Clare is at or near the very top of the pyramid.
Posted on 1/25/21 at 4:32 pm to WDE24
quote:
I’m saying the DC Circuit says the remedy in the US District Court in DC is application of FRCP 12 and 56 and the anti slap statute is inapplicable. As such, it isn’t a given Rudy was implicating anti-slapp in his statement and, if he was, he is likely wrong on its applicability.
So, the only remedy in the DC court is MSJ or affirmative defense? Is that your assertion?
This post was edited on 1/25/21 at 4:36 pm
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