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Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
The discord is an anarcho-syndicalist commune

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Nice piece of fish
Jan 29, 2008

Ultra Carp
within a monarchy

Nice piece of fish
Jan 29, 2008

Ultra Carp

Toona the Cat posted:

I emailed docs to the judge's clerk and OC. During the hearing the clerk used the software to display the document by presenting. Worked out well.

You guys get to e-mail documents and not immediately get ball-slapped? My word.

The Kingfish
Oct 21, 2015


I’m trying to sue a municipality and city officials in a 1983 action. I feel good about my chances of catching somebody liable for what went down, but it’s a first amendment violation that I can’t find a comparable example for in case law. Any treatises to recommend on immunity?

E: to be clear, I’m trying to sue a municipality on behalf of my client.

The Kingfish fucked around with this message at 20:38 on Nov 3, 2020

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

Popero posted:

Who made this norwegian king of the discord anyway

I think it was this rear end in a top hat posting about it at midnight PST when only Norwegians were awake.

nm posted:

So, yeah, anyone less lazy than me want to set up a law thread discord or something in case the recent lowtax thing is the end?

They created one in ai and bike threads had one forever, so this is the only other place I post.

Mods, name change to "watery tart" please?

evilweasel
Aug 24, 2002

TheWordOfTheDayIs posted:

State agency attorney here, trying to find ways to allow people to participate in a public hearing without attending in person.

Any lawgoons willing to share methods of offering and exchanging exhibits on the fly during the hearing?

i mean, first and foremost: just ask the clerk. these are odd times, and you won't look dumb for not knowing the special COVID rules.

but generally speaking courts seem to be pressing people not to use surprise exhibits unless absolutely necessary - everyone exchanges all copies of exhibits ahead of time and the bar to add something is even higher than usual. if you needed to do a surprise exhibit, I would email it to the clerk and opposing counsel, then get presenter role on the videoconference software, and use that to show the exhibit to the witness.

Munin
Nov 14, 2004


Nice piece of fish posted:

within a monarchy

That makes it sound as if we might be Denmark... Free-Discord Christiana!

Nice piece of fish
Jan 29, 2008

Ultra Carp

Munin posted:

That makes it sound as if we might be Denmark... Free-Discord Christiana!

Now that's a drat good point.

Alaemon
Jan 4, 2009

Proctors are guardians of the sanctity and integrity of legal education, therefore they are responsible for the nourishment of the soul.

Toona the Cat posted:

I emailed docs to the judge's clerk and OC. During the hearing the clerk used the software to display the document by presenting. Worked out well.

Our rule is that attorneys are responsible for sharing their own exhibits on Zoom.

I work for the judge, not the attorneys. I have other stuff to do during hearings.

a mysterious cloak
Apr 5, 2003

Leave me alone, dad, I'm with my friends!


Okay, dumb legal question: In the US, after my death, how could I legally get my head removed, skull defleshed, and have the skull given to my descendants for painting/decoration/enshrinement?

I have a feeling the answer is LOL NO, but why not ask.

TheWordOfTheDayIs
Nov 9, 2009

Blessed with an unmatched sense of direction

a mysterious cloak posted:

Okay, dumb legal question: In the US, after my death, how could I legally get my head removed, skull defleshed, and have the skull given to my descendants for painting/decoration/enshrinement?

I have a feeling the answer is LOL NO, but why not ask.

I think you should take this to the legal questions thread. Speaking for myself only, I plan to donate my body parts to the "Irrevocable Perpetual TheWordOfTheDayIs Trust dated November 3, 2020" with clear instructions to the Trustee for the various enshrinements.

a mysterious cloak
Apr 5, 2003

Leave me alone, dad, I'm with my friends!


TheWordOfTheDayIs posted:

I think you should take this to the legal questions thread. Speaking for myself only, I plan to donate my body parts to the "Irrevocable Perpetual TheWordOfTheDayIs Trust dated November 3, 2020" with clear instructions to the Trustee for the various enshrinements.

edit: NM, found the thread. Thanks!

joat mon
Oct 15, 2009

I am the master of my lamp;
I am the captain of my tub.

a mysterious cloak posted:

I've been looking for the questions thread and haven't been able to find it - anybody got a link? I'll keep looking, though.

https://forums.somethingawful.com/showthread.php?threadid=3266659

BigHead
Jul 25, 2003
Huh?


Nap Ghost
Hey Nice can I ask you to proof read a writing sample? This job is asking for a five pager and I'm dusting off something that I normally wouldn't use.

Nice piece of fish
Jan 29, 2008

Ultra Carp
Sure, no problem. Which norwegian language did you write it in?

So Long Dental Plan
Jul 10, 2010

The Kingfish posted:

I’m trying to sue a municipality and city officials in a 1983 action. I feel good about my chances of catching somebody liable for what went down, but it’s a first amendment violation that I can’t find a comparable example for in case law. Any treatises to recommend on immunity?

E: to be clear, I’m trying to sue a municipality on behalf of my client.

Well, the good news for you is that municipalities don't get qualified immunity. The bad news is that municipal liability is incredibly hard to establish. The treatise I've found the most helpful with 1983 is Police Misconduct: Law and Litigation. That should give you a pretty good lay of the land. But, you're probably just going to figure out that your client is poo poo out of luck.

BigHead
Jul 25, 2003
Huh?


Nap Ghost

Nice piece of fish posted:

Sure, no problem. Which norwegian language did you write it in?

No, i meant Mr. Nice. Not you. You're a fish.

Edit: thank you though. I think you're a nice whole fish.

BigHead fucked around with this message at 07:04 on Nov 9, 2020

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!

Nice piece of fish posted:

Sure, no problem. Which norwegian language did you write it in?

Svenska

nm
Jan 28, 2008

"I saw Minos the Space Judge holding a golden sceptre and passing sentence upon the Martians. There he presided, and around him the noble Space Prosecutors sought the firm justice of space law."

BigHead posted:

No, i meant Mr. Nice. Not you. You're a fish.

Edit: thank you though. I think you're a nice whole fish.

If you could do a Norwegian translation, you'd be a shoe-in for any job in MN. Unless the firm/agency is run by a swede of course.

Nice piece of fish
Jan 29, 2008

Ultra Carp

BigHead posted:

No, i meant Mr. Nice. Not you. You're a fish.

Edit: thank you though. I think you're a nice whole fish.

Oh it was literally nothing, don't mention it.



You motherfucker


nm posted:

If you could do a Norwegian translation, you'd be a shoe-in for any job in MN. Unless the firm/agency is run by a swede of course.

I'll keep that in mind also I routinely do translations of american legal documents, there are so many familial ties between our countries it comes up surprisingly often. Last time I translated a verdict from some Nevada probate court and a will and some poo poo.

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

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Trump is trying to Bush v. Gore his way to victory. https://cdn.donaldjtrump.com/public-files/press_assets/2020-11-09-complaint-as-filed.pdf

Nice that they finally figured out the claim that will give SCOTUS cover if they really want to get ballsy.

Meatbag Esq.
May 3, 2006

Hmm which internet meme should go here again?
There's no way that flies right? That argument would essentially require invalidating all but a single form of voting per state, including all forms of absentee voting.

Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group
Not an election lawyer but my read is:

1) Can't really rule the way Republicans want without invalidating all mail voting. Mail in voting will never have the same procedures as in-person in any state. I guess they could always pull a Bush v. Gore and say, "But only for Penn guys, for serious" but I doubt the argument will get to them crafted that way.

2) There is a strong argument that their claim is barred through laches. The procedures have been in place for months and votes were coming in for months, they only filed when they lost.

3) The unsolicited mail ballots thing would be them asking for a new doctrine whole cloth

4) The observers argument will already be ruled on in another case before SCOTUS but I don't really see the Court getting in the way of states and putting in some sort of "accepted distance" doctrine for observers. Even if they do craft a ruling, it won't be enough to throw out the results.

5) More generally, there is only one circumstance I know of where an election was completely invalidated after the fact and that's the North Carolina ballot harvesting scandal. In that case, a member of the board of elections was personally involved and the results were invalidated. In this case, the relief requested goes far beyond the parties sued in their official capacity and introduces a dangerous precedent. Even if the Court agrees with parts of their argument, I don't see them having the guts to wade into this.

6) All that above said, Alito and Kavanaugh have zero principles whatsoever and may just go for it out of spite and sheer partisan hackery. Hard to see the liberals going for it, nor Roberts or Gorsuch (who could easily dump it on federalist/state's rights grounds. Who knows what ACB thinks.

7) Frankly, another easy dump is to say, "Pennsylvania election, Pennsylvania Constitution, all good."

A lot of legal commentators who do know election law are also saying its a nonsense suit, they're probably more granular than I am.

EDIT: As I read into more and more of this nonsense, I'm realizing that by the time that this case gets heard, a lot of the state claims are going to be thrown out on res judicata grounds. That poll watcher/distance thing will have already been litigated.

Pook Good Mook fucked around with this message at 05:18 on Nov 10, 2020

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.
Please don’t say “ACB.”

homullus
Mar 27, 2009

Look Sir Droids posted:

Please don’t say “ACB.”

My understanding from this thread is that the correct sentence would be "Who knows what ACAB thinks."

MechaX
Nov 19, 2011

"Let's be positive! Let's start a fire!"
I read the recent Pennsylvania suit filing and coming in swinging with multiple permutations of “some unidentifiable guy saw another unidentified guy do something with a ballot that he couldn’t see clearly, therefore the entire election could have been fraudulent” and “some guy told another guy that some voter got double ballots” is definitely an interesting strategy

Nonexistence
Jan 6, 2014
I mean if they ultimately have/want to conservative SCOTUS can just squawk something about the supremacy clause and constitutional crisis and assert original jurisdiction to end run around all these pesky lower court judges and their "pleading standards." Then Alito or whoever can pen the 5/6-3 decision that Trump wins because <insert fig leaf of constitution words ignoring actual evidence here>

Vox Nihili
May 28, 2008

Nonexistence posted:

I mean if they ultimately have/want to conservative SCOTUS can just squawk something about the supremacy clause and constitutional crisis and assert original jurisdiction to end run around all these pesky lower court judges and their "pleading standards." Then Alito or whoever can pen the 5/6-3 decision that Trump wins because <insert fig leaf of constitution words ignoring actual evidence here>

There's no need for SCOTUS to undermine their own perceived legitimacy when they probably prefer Trump gone anyway. He's an embarrassment to the tiny handful of "conservative intellectuals" who remain, and Biden with a GOP Senate is not even remotely a threat. Our new conservative supermajority SCOTUS now has the next 10-20 years to entirely reinvent American legal jurisprudence from the ground up without any sort of checks or oversight, they don't need to gently caress around in the muck for Trump.

The Kingfish
Oct 21, 2015


Exactly. These people are smart enough to know that ruling against Trump will legitimize the Court in the minds of liberals and pave the way for a generation of dogshit jurisprudence. They’ve got nothing to gain by installing Trump.

Hard to imagine Barrett NOT becoming a resistance hero if she wrote an opinion upholding Biden’s win.

E: Maya Rudolf appearing as the newly coronated “Notorious ACB” while Kate McKinnon as Ginsburg watches on approvingly from heaven.

The Kingfish fucked around with this message at 19:25 on Nov 11, 2020

Gobbeldygook
May 13, 2009
Hates Native American people and tries to justify their genocides.

Put this racist on ignore immediately!

MechaX posted:

I read the recent Pennsylvania suit filing and coming in swinging with multiple permutations of “some unidentifiable guy saw another unidentified guy do something with a ballot that he couldn’t see clearly, therefore the entire election could have been fraudulent” and “some guy told another guy that some voter got double ballots” is definitely an interesting strategy
https://twitter.com/jvagle/status/1326583250819686401
I wonder how much they think they're getting paid.

Look Sir Droids
Jan 27, 2015

The tracks go off in this direction.
If it's one of the Big Law guys, I hope they had enough sense to get a retainer up front.

gvibes
Jan 18, 2010

Leading us to the promised land (i.e., one tournament win in five years)

Gobbeldygook posted:

https://twitter.com/jvagle/status/1326583250819686401
I wonder how much they think they're getting paid.
You're telling someone who voluntarily goes by "Thor" is maybe not the most competent attorney? I'm shocked.
https://www.ownerscounsel.com/district-of-columbia-eminent-domain-lawyer/

Blakkout
Aug 24, 2006

No thought was put into this.
As a guy who's found himself at the bottom of an 8-attorney signature block more than a few times, I too have been required to step into a buzz saw and try to support a terrible argument that wasn't mine before the judge.

I'm embarrassed to admit that my initial inclination is to sympathize with this guy, but this is pretty bad. Also, he doesn't exactly appear to be some lowly associate.

gvibes
Jan 18, 2010

Leading us to the promised land (i.e., one tournament win in five years)
Seems like pretty bad lawyering. You can always find some exception to try to apply. he should have been prepared to apply it.

Blakkout
Aug 24, 2006

No thought was put into this.
Yeah, that's fair.

Arcturas
Mar 30, 2011

Just claim it's a party opponent because they were acting in a conspiracy and were all agents against you. It's just as much of a lie as the rest of the lawsuit, might as well double down.

Vox Nihili
May 28, 2008

Arcturas posted:

Just claim it's a party opponent because they were acting in a conspiracy and were all agents against you. It's just as much of a lie as the rest of the lawsuit, might as well double down.

If you aren't with my client, you're against him! Bing bong so simple!

Phil Moscowitz
Feb 19, 2007

If blood be the price of admiralty,
Lord God, we ha' paid in full!
I can honestly say I’ve never made an argument as asinine and legally defective as the utter poo poo I am seeing in these suits

Alaemon
Jan 4, 2009

Proctors are guardians of the sanctity and integrity of legal education, therefore they are responsible for the nourishment of the soul.
For the Michigan case, the media sure seems more excited about the Court of Appeals defect letter than I am. It is such a routine form letter; the COA clerk's office sends the exact same one for every incomplete filing.

I mean, they can still be incompetent lawyers, but a defective filing alone doesn't do it.

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Pook Good Mook
Aug 6, 2013


ENFORCE THE UNITED STATES DRESS CODE AT ALL COSTS!

This message paid for by the Men's Wearhouse& Jos A Bank Lobbying Group

Alaemon posted:

For the Michigan case, the media sure seems more excited about the Court of Appeals defect letter than I am. It is such a routine form letter; the COA clerk's office sends the exact same one for every incomplete filing.

I mean, they can still be incompetent lawyers, but a defective filing alone doesn't do it.

Perception is reality with this kind of thing and it's something easy to fill 60 seconds with.

In a more "lawyerly" sense, it's pretty indicative just how slapdash this whole effort is.

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