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Mr. Nice!
Oct 13, 2005

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Tree Dude posted:

Back on the record real quick so Defense can take another swing at a mistrial.

Judge: Are you going to bring this after every witness?

That's fine. It's denied.

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Mr. Nice!
Oct 13, 2005

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Zil posted:

Since this is a civil court matter, a decision can't end up being appealed to the Texas Supreme Court, can it? Because I don't see them letting Alex be on the hook for hundreds of millions.

There absolutely will be an appeal of every technical thing that the defense can think of. This is why he moves for mistrial after every witness and presentation as soon as the jury is out of the room. This appeal will almost certainly be denied, and the TSC will not take up the case.

Mr. Nice!
Oct 13, 2005

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Hollismason posted:

Usually what happens is that there is a huge monetary reward and then they appeal the monetary award amount and it gets reduced. If my understanding is correct.

If the award is impermissible, it will be overturned. I don't think the court will allow an impermissible award here.

Mr. Nice!
Oct 13, 2005

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Robo Reagan posted:

ngl i wanna see jones's team up against state attorneys because those dudes are ruthless

On appeal, the plaintiffs will likely still have the same counsel as they've handled all their appeals so far. State attorneys won't become involved in this case.

The courts are going to get very involved with the fraudulent transfer case and collecting on this judgment, though.

Mr. Nice!
Oct 13, 2005

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Hollismason posted:

What's the fraudulent transfer case?

There is a separate lawsuit that was filed a couple months before the bullshit bankruptcy when plaintiffs' got information that Alex was trying to hide assets. He's funneled everything out of all of his companies and personal accounts into trusts and LLCs in his parents and kids names in an attempt to hide from collection in this and the Connecticut case. The goal of that case is to unwind all of these transfers.


This case is just on establishing damages. The plaintiffs are making sure that the jury knows that Alex Jones and Infowars knew that what they were peddling was completely false, and that they deliberately lied to profit. Liability and malicious intent have already been established, but they really want to show the bad behavior to the jury so they're more likely to award the $150m in compensatory damages and $texas in punitive damages to punish Jones.

Mr. Nice!
Oct 13, 2005

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Your Gay Uncle posted:

I wonder of this is part of their mistrial/appeal plan

"This judge hates us, obviously they are biased "

I think Billy Bob Thornton did it on his lawyer show on Amazon

They aren't going to win on that argument if they can even allege it on appeal. Trial judges have wide discretion to make decisions so long as they follow whatever procedure they're required to do. This judge follows the procedures to the letter when it comes to her required findings of fact etc. and has had multiple massive sanction awards upheld.

Jones isn't winning an appeal.

Mr. Nice!
Oct 13, 2005

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Hollismason posted:

Yeah I thought that all went through and Jones had successfully hidden his assets/ move everything but the bankruptcy court was like "No".

The bankruptcy had nothing to do with the transfer of assets other than they had emptied out three shell companies. It was something discussed in filings as to why the bankruptcy was bullshit, but it was never ruled on by the court.

Now, when Jones files bankruptcy following this judgment, that bankruptcy judge will be very interested in these transfers.

Mr. Nice!
Oct 13, 2005

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Seth Pecksniff posted:

Holy poo poo the judge is MAD

Yeah she has been pissed at defense throughout because they're bad faith litigants. Judges will give people a lot of rope if they're acting in good faith. Let judges know you're loving around, and they will just poo poo all over you.

Mr. Nice!
Oct 13, 2005

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red19fire posted:

Get her rear end. Hell yes. God drat, Daria is a moron.

I think I just saw Jordan dash out after that exchange :classiclol:

Daria is deliberately a moron. Her deposition is part of why Jones got a $1m sanction against him.

This is part of the judge's factual findings in support of these sanctions (which was upheld by the 3rd COA).




e: part of the death penalty sanction was five different corporate rep depositions where the corporate rep knew nothing. Daria's depo was after the full default.

Mr. Nice!
Oct 13, 2005

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av/post combo

Mr. Nice!
Oct 13, 2005

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red19fire posted:

I didn’t know that part. Incredible. It’s like Alex hired her thinking she would make a great stool pigeon.

Is she personally going to face any punishment? Like contempt of court for the deposition shenanigans and this nonsense.

‘Did Jim Helbig appear on infowars in 2015?’

‘It’s impossible for me to know for sure, there’s too many videos.’

Nah nothing is going to happen to her.

Mr. Nice!
Oct 13, 2005

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Hungry Computer posted:

Is a recording from yesterday available anywhere?

No. The stream was up on youtube for a few hours but was removed at some point in the evening.

Generally speaking, if you're not watching court live you're stuck with transcripts.

Mr. Nice!
Oct 13, 2005

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Seth Pecksniff posted:

I think the judge was explicit in saying that recording isn't allowed unless you're preapproved media (which the zoom feed probably isn't?)

Correct. Courts usually have strict rules about recording audio and video. The judge is just enforcing that because that's her job.

They're open to the public, but you gotta actually go there or watch.

Mr. Nice!
Oct 13, 2005

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B-Rock452 posted:

Turned on the stream just to hear the witness try to excuse that e mail by saying "in his mind he didn't believe the child existed" which is probably one of the worst answers she could have given lol. Did the defense not prepare their witnesses at all?

Please see my earlier post re: Judge's findings about Daria's deposition below.

Mr. Nice! posted:

Daria is deliberately a moron. Her deposition is part of why Jones got a $1m sanction against him.

This is part of the judge's factual findings in support of these sanctions (which was upheld by the 3rd COA).




e: part of the death penalty sanction was five different corporate rep depositions where the corporate rep knew nothing. Daria's depo was after the full default.

Mr. Nice!
Oct 13, 2005

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Lambo Trillrissian posted:

Daria: "That's his weapon, it's his speech"
Prosecution: "Let's see how he uses that weapon."


Oh boy is she ever going to regret that choice of word

The emails are in deposition videos as well. I think the knowledge fight thread in rapidly going deaf might be able to help you find it.

Mr. Nice!
Oct 13, 2005

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Grand Fromage posted:

They have used this defense before, actually.

In this case we have evidence that 24% of america believes jone's hoax re: sandy hook because of his decade of lying and continued lies.

Mr. Nice!
Oct 13, 2005

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StrangersInTheNight posted:

yeah she works for him, right? that's what I mean, I'd feel bad except....*waves arms*

weaponized ignorance isn't cute and it's not working on the judge

Yeah she's paid at least $125k/yr.

Mr. Nice!
Oct 13, 2005

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For those curious, the numbers he's reading off the bottom of the document that says FSS and a set of numbers are called BATES numbers. When a party produces something in discovery, it gets numbered for easy reference and authentication.

Mr. Nice!
Oct 13, 2005

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JONES IS BACK

Mr. Nice!
Oct 13, 2005

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spinst posted:

i like this judge

I would be terrified to practice in front of her for fear of drawing her ire, but I loving love watching her.

Mr. Nice!
Oct 13, 2005

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spinst posted:

The is the penalty phase of the defamation suit.

Not yet. That's next. This is the damages phase for compensation due to emotional and reputation damage.

The punishment phase comes next. Punitive damages are the penalty damages to Jones intended to change his future behavior.

Mr. Nice!
Oct 13, 2005

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Tree Dude posted:

I think you only get to this level of ire after 5 years of loving around.

Oh no. You don't need five years of loving around to piss off a judge. It all depends on the judge, but quite a few have a no-strike policy where they just immediately kick people out.

Mr. Nice!
Oct 13, 2005

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The thing that makes me laugh about Daria's testimony - her deposition appearance was so bad that it's essentially 1/2 of a million dollar sanction and is legally considered a non-appearance yet it is still being used to impeach her left and right and Jones is 100% bound to every bit of it.

Also, although they are presented as different entities in front of the jury, the judge has ruled free speech systems etc. are all just jones' alter egos. She is literally testifying for Alex Jones right now because he is Infowars.

Mr. Nice!
Oct 13, 2005

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StrangersInTheNight posted:

it'll never stop being funny to me that Alex Jones and Gwyneth Paltrow hawk the same wellness poo poo to different audiences. Goop selling along Maca powder as Moon Juice Sex Dust, meanwhile Infowars sells it as "Super Male Vitality" supplement.

Are you suggesting that Jones has a taint smelling candle?

Mr. Nice!
Oct 13, 2005

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I realize I should have said a candle that smells like his taint. A taint smelling candle brings a different image to mind.

Mr. Nice!
Oct 13, 2005

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Scam Likely posted:

I'm so glad to catch part of this live after listening to Knowledge Fight for so long. 4 years of anticipation finally paying off.

it has been worth every minute start to finish. The bad parts highlight just how loving scummy jones et al are. The rest brings laughs.

Mr. Nice!
Oct 13, 2005

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SalTheBard posted:

Is the attorney really good or is Daria really bad?

little bit of column a whole loving lotta column b.

Mr. Nice!
Oct 13, 2005

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Daria was not prepped to testify at trial as a corporate rep. She was the only designated corporate rep following the death penalty sanction, and her deposition was considered a non-appearance. But, because they didn't designate anyone else, she's the principle representative of all of the corporate defendants.

Mr. Nice!
Oct 13, 2005

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Hollismason posted:

Wait so they just took information from a random guy and were like "Yeah this seems legit?". What the gently caress.

Welcome to infowars.

Mr. Nice!
Oct 13, 2005

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Scam Likely posted:

This is literally Infowars to it's deepest darkest core.

:same:

Mr. Nice!
Oct 13, 2005

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The judge should never have to give a "stop denigrating your fellow lawyers and calling them liars" speech to counsel like that. That's a "get your poo poo together" directed at Mullet.

Mr. Nice!
Oct 13, 2005

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haljordan posted:

Unless you steal money from a client you ain't getting disbarred

Even then, you can skate along for years before getting your ticket punched permanently. A lot of people get suspended for a year or two and that's it.

Mr. Nice!
Oct 13, 2005

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Stolkin posted:

Up here, during a questioning on an affidavit (which is, I think, the equivalent of these depositions), if a deponent does not know the answer to a question, we usually ask for an undertaking to provide the information later in a written response. Do you folks down there not do that? Because I hear a lot of non-responsive answers without a demand for a real answer.

There are definitely ways to get written answers under oath, and they used some of those at trial the past two days as well. They’re typically called interrogatories or requests for admission, but they are normally part of standard discovery. They aren’t just part of a deposition.

Further, even if they had submitted written questions in advance of the depositions, the Jones team would have still stonewalled because that’s their strategy.

Mr. Nice!
Oct 13, 2005

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mojo1701a posted:

As I recall, the corporations as witnesses were given a list of topics that were going to be covered (don't know if they got specific questions, but I assume additional details were asked) and none of the corporate witnesses knew anything about what was asked.

That's why they kept having to ask Rob Dew, "Do you personally not know, or does the corporation not know?" when Dew kept answering that he doesn't know.

A corporation legitimately not knowing something is one thing, because records can be lost, informal poo poo, etc., but none of them did any research at all.

I assume part of that led to the summary judgment, but I don't know as I only recently started listening to this. I'm not a long-time listener/first-time caller.

Just a clarification: Summary judgment is when there is no dispute of material fact and one party is entitled to judgment as a matter of law. That isn't what happened here. It could have happened if Jones had participated in discovery at all, but he didn't.

What happened here is a full default on liability also known as a death penalty sanction. This is an extremely rare thing to have occur and requires specific findings of bad faith by one of the parties.

Mr. Nice!
Oct 13, 2005

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KitConstantine posted:

From what I've heard on the legal podcasts I listen to (ALAB specifically) Judges absolutely HAAAATE dealing with disputes like this

So this lawyer is really not helping himself here

Yup. Judges expect attorneys to be professionals and able to work with their peers regardless of how divided their respective parties may be. When a judge has to step in, that means the lawyers and/or clients are being exceptionally lovely. It's easy to see who is responsible for what in court. Here, Jones and Mullet, Esq. are both responsible for the jackassery.

I really enjoyed her "I'm not surprised" when Mullet said he had sanction motions pending against him personally.

Mr. Nice!
Oct 13, 2005

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If y'all want another thing to be mad about, here's some fun texas law thanks to Greg Abbott pulling up the ladder as soon as he got elected.

Texas law has a cap on punitive damages. It's 2x economic damages plus between $200-$750k for non-economic damages. All of the damages in this case are expressly defined by statute as non-economic damages. The punitive damages in this case will be capped by the judge after the jury verdict at $750k.

The jury will probably award like $500m in punitive damages, but because of TORT REFORM, Jones will have to pay less than he gets in random bitcoin donations for punishment.

Mr. Nice!
Oct 13, 2005

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Stefan Prodan posted:

what about the case he has in CT?

also, do you know how issue preclusion interacts with the fact that like he got defaulted in Texas? are issues from that default going to carry over and not be contestable in CT? I know it's different families so I guess he won't be automatically liable unless he actually literally defaulted there also

He received the same kind of default in CT for similar reasons. They have a trial on damages in November. This trial has no impact on that except that technically they would have an earlier judgment to collect upon. I do not know if CT has a punitive damages cap.

Mr. Nice!
Oct 13, 2005

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Herbicidal Maniac posted:

Oh my God they're going to try and shift blame onto all of the other people like Ron Dew, and say Alex was just influenced or tricked. I'm calling it now.

They can't really shift blame for the defamation. They're trying to shift blame for the emotional distress.

Mr. Nice!
Oct 13, 2005

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Zil posted:

He has already been found guilty, this is determining how much he pays.

He's been found liable, technically. Guilt and innocence refers to criminal matters. There is no presumption against liability in civil court. The burden of proof is also much lower. Here it is preponderance of the evidence ie slightly better than a coin flip. More likely than not.

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Mr. Nice!
Oct 13, 2005

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Trillhouse posted:

judging by the way he was grinding his teeth, more like a little bump

The judge thought he was chewing gum haha

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