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BobHoward
Feb 13, 2012

The only thing white people deserve is a bullet to their empty skull

Hub Cat posted:

The transcript from the hearing on 11-8 is up there's no fireworks and it doesn't sound like Lemoine is getting his sanctions


I dunno, if the judge thinks punitive sanctions are in order, “sounds like that might deter somebody” could be read as backwards approval.

In general it’s not wise to read too much into judicial commentary before a ruling is issued. I’ve listened to a lot of Ken White talking about the personal foibles of judges on All the President’s Lawyers, and he’s said that many judges get quite nitpicky and argumentative with counsel for the side they’re going to rule in favor of. Especially when it’s going to be a very one-sided ruling. They do it out of some combination of enjoying giving lawyers a hard time, and making sure they have everything needed to make the ruling airtight.

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BobHoward
Feb 13, 2012

The only thing white people deserve is a bullet to their empty skull

Can Of Worms posted:

From what I've heard, the only person who can actually force sanctions is Vic suing Beard for malpractice, and he's either a dumbass, doesn't care, or has been convinced by his friends that Beard is actually doing a competent job.

Those options are not mutually exclusive so why not all of the above

BobHoward
Feb 13, 2012

The only thing white people deserve is a bullet to their empty skull

Mr. Nice! posted:

I can't speak to Texas, but in Florida legal malpractice requires the existence of an attorney client relationship, a breach of some duty, and redressable harm. The last element requires a showing that the underlying litigation would have turned differently in the hands of a different attorney. This is called a trial within a trial because the malpractice counsel has to actually prove the underlying case first before malpractice could even exist.

If the underlying litigation result would have remained the same in the hands of a reasonable attorney, there is no malpractice even in the face of egregious breach.

Can the breach of duty and/or redressable harm consist of advising a client to file an unwinnable, laughably bad lawsuit? Because if it can't, then it strikes me that there's a bit missing from Florida (and maybe/probably other states too) malpractice law.

BobHoward
Feb 13, 2012

The only thing white people deserve is a bullet to their empty skull
The number of rulings that have gone against Vic / his lolyers, I think

BobHoward
Feb 13, 2012

The only thing white people deserve is a bullet to their empty skull

Spazzle posted:

When someone writes a book about him and does all his work lol.

Go on then, what should Evans use as source material instead? You seem real mad that a comedy podcast guy isn't doing primary research

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