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Some “flat rate” systems incorporate additional amounts like $300 for a fact deposition that is not the plaintiff or whatever. So there can be an incentive to take those depositions.
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Dec 6, 2019 20:06
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Attending depositions where there are a dozen lawyers in the room and one of them is a mortal lock to ask the witness the exact three questions I'm there to ask before I get a chance to are the closest I'll ever get to paid vacation.
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Dec 6, 2019 20:16
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Phil Moscowitz posted:Some “flat rate” systems incorporate additional amounts like $300 for a fact deposition that is not the plaintiff or whatever. So there can be an incentive to take those depositions. Wow, 300 whole dollars!
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Dec 6, 2019 20:16
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Vox Nihili posted:Wow, 300 whole dollars! Lol for 30 minutes of work that’s a pretty good realization/effective rate
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Dec 6, 2019 20:17
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the sanctions motion for that captain hook lawyer is in front of the judge who wrote this, so we may get one hell of a written decision out of it: https://www.popehat.com/wp-content/uploads/2013/05/PendaSanctionsOrder.pdf perhaps my favorite judicial footnote ever: quote:This punitive portion is calculated to be just below the cost of an effective appeal. evilweasel fucked around with this message at 21:54 on Dec 6, 2019 |
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Dec 6, 2019 21:48
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Many thanks to Omerta and Munin for meeting up for lunch with me today. Time entry: Non-billable - administrative: Lunch meeting with industry colleagues 2.0.
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Dec 6, 2019 22:31
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evilweasel posted:the sanctions motion for that captain hook lawyer is in front of the judge who wrote this, so we may get one hell of a written decision out of it: https://www.popehat.com/wp-content/uploads/2013/05/PendaSanctionsOrder.pdf I finally read some of the depo and my god. Can't wait for the judge's take on the shitshow.
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Dec 6, 2019 22:57
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Can someone explain how musk won the defamation case, also how did it even get through motion practice - what's the issue of material fact for the jury
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Dec 7, 2019 00:47
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mastershakeman posted:Can someone explain how musk won the defamation case, also how did it even get through motion practice - what's the issue of material fact for the jury Probably intent i.e. malice.
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Dec 7, 2019 00:52
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also whether calling someone a "pedo guy" means that you think he is molesting children or just a creepy old guy and an issue of actual damages i think the jury got it wrong quote:Musk testified that Unsworth had proposed a physically impossible act that could not be taken literally. Likewise, he said, the “pedo guy” phrase couldn’t be taken literally. “Mother-effer doesn’t literally mean incest,” he noted. And, he said, he apologized and took the pedo guy tweet down within hours.
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Dec 7, 2019 00:55
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The fact that people have invested millions if not billions (I have not looked up Tesla's market cap) of dollars with this nutjob amazes me. It just reminds me of my transactional practice, where I learned that any notion that wealth and success is necessarily associated with intelligence and merit is just ridiculous.
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Dec 7, 2019 02:15
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Elon Musk is a saint and I won't tolerate you talking bad about him which may or may not be related to a certain client of mine. Also every elderly European living in southeast Asia is by definition sus.
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Dec 7, 2019 02:28
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Some of the dumbest people I know are rich
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Dec 7, 2019 02:29
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Jury trials in civil cases is some moronic bird brained poo poo
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Dec 7, 2019 02:57
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How you get results like a public figure calling some guy a child fucker for no reason and then tripling down on it and apparently not being liable. Just poo poo
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Dec 7, 2019 02:58
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Yuns posted:Also every elderly European living in southeast Asia is by definition sus. Not wrong tbh.
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Dec 7, 2019 03:03
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terrorist ambulance posted:Jury trials in civil cases is some moronic bird brained poo poo Thank god my practice is basically all equitable poo poo.
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Dec 7, 2019 03:03
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EwokEntourage posted:also whether calling someone a "pedo guy" means that you think he is molesting children or just a creepy old guy and an issue of actual damages  
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Dec 7, 2019 03:57
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SlyFrog posted:The fact that people have invested millions if not billions (I have not looked up Tesla's market cap) of dollars with this nutjob amazes me. It just reminds me of my transactional practice, where I learned that any notion that wealth and success is necessarily associated with intelligence and merit is just ridiculous. E: OK I checked his net worth and updated my post accordingly: There are plenty of people who are also billionaires like Musk and who are even stupider than he is. Vox Nihili fucked around with this message at 04:05 on Dec 7, 2019 |
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Dec 7, 2019 03:59
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joat mon posted:Mad Dog 20/20 will give you more interesting dreams, but if you're watching Frozen for its cultural appropriation missteps, Thunderbird is the one you want. What's the word? Thunderbird! Back in the day I worked at liquor store in. . . .let's call it a disadvantaged neighborhood. The largely homeless, alcoholic clientele all had specific colloquial names for their preferred beverages. Seagram's gin was "bumpy" because of the bottle. Wild Irish Rose had several names ranging from "primrose path" to "fight'cha momma". (as in, "gimme ha'pin' fight'cha momma".) The most common was "smirky" for Smirnoff. The homeless alcoholics would rarely buy bottom shelf though if they bought liquor and not fortified wine. The college kids bought Popov and Aristocrat, not the alcoholics.
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Dec 7, 2019 04:45
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Hieronymous Alloy posted:What's the word? Thunderbird! https://m.youtube.com/watch?v=pqSvqOaglbk
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Dec 7, 2019 04:50
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Hieronymous Alloy posted:What's the word? Thunderbird! What's the price? A dollar twice!* What's the action? Satisfaction! Hieronymous Alloy posted:The college kids bought Popov and Aristocrat, not the alcoholics. loving Aristocrat is the worst alcohol I have ever tried, and I drank MD 20-20 through my college years. *Sometimes "thrice", times being what they are.
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Dec 7, 2019 05:23
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Another member of the jury owned two teslas but could not be struck because the plaintiff was already out of strikes.
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Dec 7, 2019 06:10
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When I interned in state court, I watched the prosecutors interview the jury after they lost a DV trial. One of the jury told the prosecutors that they would have won the case had they subpoenaed all the phone recordings of the calls defendant made that month and listened to them to “establish intent”. Prosecutor told the guy you couldn’t subpoena phone recordings like that. Jury member told the prosecutor he was wrong, that the he has personally done it before, and he should be better at his job. Mediocre prosecutor but drat he had a rock solid poker face
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Dec 7, 2019 07:58
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EwokEntourage posted:Lol at this dude asking for free legal advice online Obvious Throatwarbler rereg
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Dec 7, 2019 12:17
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So I got PSLF. So that's cool.
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Dec 7, 2019 15:03
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The Plaintiff in the Musk case swung for the fences and asked for $150 million in exemplary damages. This likely means they attempted to pick a "damages" jury over a "liability" jury. I don't blame Plaintiff. It's rare to get someone with the resources of Musk as a Defendant. Shoot your shot. If they had picked a liability jury and asked for 100k, the Plaintiff would have won easily.
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Dec 7, 2019 15:05
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I think the logic was that the damages should be enough so as to act as a deterrent for someone as rich as Musk.
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Dec 7, 2019 15:09
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Teddybear posted:I think the logic was that the damages should be enough so as to act as a deterrent for someone as rich as Musk. I understand the logic but getting a jury to award 150 million in exemplary damages over a tweet is hard to do. You need a certain type of jury panel and enough evidence to get the jury to literally hate the Plaintiff. Statistically, you may get that jury 1 out of 10 times. Still worth a shot to most Plaintiffs because there are very few human activities that will pay you 150 million a tenth of the time.
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Dec 7, 2019 15:18
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It wasn’t just a tweet. It was a series of tweets, hiring a dude to spread rumors in british tabloids, and flat out calling him a child fucker in an email to a journalist. He asked for $1 per twitter follower. Unsworth lost his case because of bazingas on the jury.
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Dec 7, 2019 15:38
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Musk paid a PI like $50k to prove the guy is a pedo. It wasn’t a joke or expressing an opinion. What jurisdiction was this in?
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Dec 7, 2019 16:38
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Federal court in southern california, iirc.
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Dec 7, 2019 16:42
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Nah, Mudd is right - If your ask is outrageous, the jury is going to presume you're outrageous, and your case is outrageous. I think it's a perfectly acceptable check and balance against litigiousness, and one thats inherent in our modern social mooring, And if the personalities were different in this case most people would feel a different way.
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Dec 7, 2019 18:22
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Ok but why is a jury even being asked for damages. Liability I kind of understand (not really) but damages?
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Dec 7, 2019 18:25
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Do juries not decide all legal issues of fact in your jurisdiction?
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Dec 7, 2019 18:28
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The jury didn’t say no because of damages. The juror that owns two teslas said that because the “sorry pedo guy you brought this on yourself” tweet didn’t name unsworth specifically he failed to prove that the defamatory statement was directed at him.
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Dec 7, 2019 18:33
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SlothBear posted:So I got PSLF. Congrats, that's like winning the lottery! Were you on ibr the whole time leading up to it?
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Dec 7, 2019 18:33
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terrorist ambulance posted:Ok but why is a jury even being asked for damages. Liability I kind of understand (not really) but damages? actual damages are a matter of fact to be proved by the plaintiff as part of their case. as the jury is the fact-finder, it's appropriate that the jury measure those - it's not a matter of law what damages a plaintiff is entitled to on a defamation case
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Dec 7, 2019 18:43
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SlothBear posted:So I got PSLF. Congrats on being part of the 0.01%!
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Dec 7, 2019 19:41
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terrorist ambulance posted:Ok but why is a jury even being asked for damages. Liability I kind of understand (not really) but damages? Damages are (mostly) a question of fact, not law, so jurors decide them when they are acting as fact-finders. I mean I agree civil juries are dumb as poo poo and we should abolish them, but until that constitutional amendment happens, we’re stuck with juries getting to decide complex legal questions, and then over-award damages for them.
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Dec 7, 2019 19:44
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