1/ In "stupid lawsuits over mean tweets" news, the 6th Cir. will hear arguments shortly in a case against @kathygriffin (save your personal opinions about her, I really don't care). Listen in here at 1:30 Eastern:
Complaint: https://t.co/EF9ST2Som5
Decision: https://t.co/K0UKOATiWR
Decision on reconsideration: https://t.co/4ejLBdxFly
It's a bad lawsuit.
Appellee's Brief: https://t.co/dxVzkHjo7N
Reply Brief: https://t.co/wVIrh4NzNw
Like, duh.
He is arguing that KY was trying to extend jurisdiction to all acts that harm KY residents.
That would be unlikely to survive scrutiny even if it were true.
That is an absolutely untenable and ridiculous argument.
"These ARE true threats," he confidently proclaims, proceeding to destroy his own argument by listing things that she did with absolutely no connection to any legitimate threat of bodily harm.
Counsel's argument boils down to "doxing [N.B. not doxing] people by calling for their identity to be known is automatically a true threat"
Judge asks if he runs into a First Amendment argument.
Counsel AUDIBLY SIGHS, and then ignores the question by saying "well true threats aren't protected."
This guy is way out of his depth.
First counsel on the other side is for a defendant in a related case (which was consolidated).
He correctly points out that nobody is being prosecuted, implying that the whole "actus reus" discussion was bullshit (and it was)
L O fucking L
Counsel: It would be bonkers to allow plaintiffs to get around the long-arm statute just by alleging that a defendant violated a criminal statute. That position enjoys no support in law. The law is clear and specific.
This is a good argument.
Under Walden, it is the *defendant* who must create contacts to the forum state by availing herself of something within the state.
This is correct.
That's why this case is important. There has to be some cabining on jurisdiction for things floating out in the Internet aether.
The judges have not interrupted this defendant's lawyer once. Probably because he's saying things that are right, and non-controversial.
Not good for plaintiff.
1) Did the defendant's submission give the impression that she was submitting to jurisdiction or
2) Did the defendant do something that would have been a waste if personal jurisdiction was found to be lacking
In order to waive this fundamental due process right, it must be knowing and voluntary. Only two ways to do it: Fail to make a motion (which Griffin did),
There is simply no way that a notice of appearance is a responsive pleading. This argument makes no sense.
He is 10000% correct, and the judges should needle plaintiffs' counsel about this.
It used to be that you had to file a special appearance to object to personal jurisdiction in order to not waive, but that rule has been abandoned in most (all?) courts.
The district court judge said he doesn't buy that there's a distinction between waiver and forfeiture. Counsel disagrees, saying that forfeiture should be where you raise an objection but then give it up through conduct in litigaiton.
Either way, Griffin should win.
He argues you don't have to file any kind of appearance, so if you do it's a waiver.
That would be weird.
Boom.
Judge: Uh, same thing with the tweet here.
lol.
More from Legal
More severe police injuries and deaths on that one day of rampaging Trumpers than in five years of Anti-Police protests.
You can tell a lot about the stance of a angry crowd by whether they come with shields or pitchforks.
If people protesting police brutality for years had wanted to use their large numbers to attack, maim and kill police, they damn well could have.
But they came to resist police.
Which is completely different.
Why did the police suffer more at the hands of those who claimed to support them and waved their flags than at the hands of those who think they should be defunded or abolished?
Because one group is literally arguing for human dignity and the other glorifies violence.
The people who uncritically support police brutality are those who believe that instrumental violence should be a standard tool in response to those standing opposed to you.
Once you accept that... WHO is standing opposed to you doesn't matter much.
Nearly 140 officers were injured during pro-Trump extremists' Capitol siege \u2014 including officers who sustained brain injuries, smashed spinal discs, one who'll likely lose an eye, and another stabbed with a metal fence stake, the Capitol Police union said.https://t.co/D9jFSkKtJm
— NPR (@NPR) January 28, 2021
You can tell a lot about the stance of a angry crowd by whether they come with shields or pitchforks.
If people protesting police brutality for years had wanted to use their large numbers to attack, maim and kill police, they damn well could have.
But they came to resist police.
Which is completely different.
Why did the police suffer more at the hands of those who claimed to support them and waved their flags than at the hands of those who think they should be defunded or abolished?
Because one group is literally arguing for human dignity and the other glorifies violence.
The people who uncritically support police brutality are those who believe that instrumental violence should be a standard tool in response to those standing opposed to you.
Once you accept that... WHO is standing opposed to you doesn't matter much.
You May Also Like
THREAD: 12 Things Everyone Should Know About IQ
1. IQ is one of the most heritable psychological traits – that is, individual differences in IQ are strongly associated with individual differences in genes (at least in fairly typical modern environments). https://t.co/3XxzW9bxLE
2. The heritability of IQ *increases* from childhood to adulthood. Meanwhile, the effect of the shared environment largely fades away. In other words, when it comes to IQ, nature becomes more important as we get older, nurture less. https://t.co/UqtS1lpw3n
3. IQ scores have been increasing for the last century or so, a phenomenon known as the Flynn effect. https://t.co/sCZvCst3hw (N ≈ 4 million)
(Note that the Flynn effect shows that IQ isn't 100% genetic; it doesn't show that it's 100% environmental.)
4. IQ predicts many important real world outcomes.
For example, though far from perfect, IQ is the single-best predictor of job performance we have – much better than Emotional Intelligence, the Big Five, Grit, etc. https://t.co/rKUgKDAAVx https://t.co/DWbVI8QSU3
5. Higher IQ is associated with a lower risk of death from most causes, including cardiovascular disease, respiratory disease, most forms of cancer, homicide, suicide, and accident. https://t.co/PJjGNyeQRA (N = 728,160)
1. IQ is one of the most heritable psychological traits – that is, individual differences in IQ are strongly associated with individual differences in genes (at least in fairly typical modern environments). https://t.co/3XxzW9bxLE
2. The heritability of IQ *increases* from childhood to adulthood. Meanwhile, the effect of the shared environment largely fades away. In other words, when it comes to IQ, nature becomes more important as we get older, nurture less. https://t.co/UqtS1lpw3n
3. IQ scores have been increasing for the last century or so, a phenomenon known as the Flynn effect. https://t.co/sCZvCst3hw (N ≈ 4 million)
(Note that the Flynn effect shows that IQ isn't 100% genetic; it doesn't show that it's 100% environmental.)
4. IQ predicts many important real world outcomes.
For example, though far from perfect, IQ is the single-best predictor of job performance we have – much better than Emotional Intelligence, the Big Five, Grit, etc. https://t.co/rKUgKDAAVx https://t.co/DWbVI8QSU3
5. Higher IQ is associated with a lower risk of death from most causes, including cardiovascular disease, respiratory disease, most forms of cancer, homicide, suicide, and accident. https://t.co/PJjGNyeQRA (N = 728,160)
A THREAD ON @SarangSood
Decoded his way of analysis/logics for everyone to easily understand.
Have covered:
1. Analysis of volatility, how to foresee/signs.
2. Workbook
3. When to sell options
4. Diff category of days
5. How movement of option prices tell us what will happen
1. Keeps following volatility super closely.
Makes 7-8 different strategies to give him a sense of what's going on.
Whichever gives highest profit he trades in.
2. Theta falls when market moves.
Falls where market is headed towards not on our original position.
3. If you're an options seller then sell only when volatility is dropping, there is a high probability of you making the right trade and getting profit as a result
He believes in a market operator, if market mover sells volatility Sarang Sir joins him.
4. Theta decay vs Fall in vega
Sell when Vega is falling rather than for theta decay. You won't be trapped and higher probability of making profit.
Decoded his way of analysis/logics for everyone to easily understand.
Have covered:
1. Analysis of volatility, how to foresee/signs.
2. Workbook
3. When to sell options
4. Diff category of days
5. How movement of option prices tell us what will happen
1. Keeps following volatility super closely.
Makes 7-8 different strategies to give him a sense of what's going on.
Whichever gives highest profit he trades in.
I am quite different from your style. I follow the market's volatility very closely. I have mock positions in 7-8 different strategies which allows me to stay connected. Whichever gives best profit is usually the one i trade in.
— Sarang Sood (@SarangSood) August 13, 2019
2. Theta falls when market moves.
Falls where market is headed towards not on our original position.
Anilji most of the time these days Theta only falls when market moves. So the Theta actually falls where market has moved to, not where our position was in the first place. By shifting we can come close to capturing the Theta fall but not always.
— Sarang Sood (@SarangSood) June 24, 2019
3. If you're an options seller then sell only when volatility is dropping, there is a high probability of you making the right trade and getting profit as a result
He believes in a market operator, if market mover sells volatility Sarang Sir joins him.
This week has been great so far. The main aim is to be in the right side of the volatility, rest the market will reward.
— Sarang Sood (@SarangSood) July 3, 2019
4. Theta decay vs Fall in vega
Sell when Vega is falling rather than for theta decay. You won't be trapped and higher probability of making profit.
There is a difference between theta decay & fall in vega. Decay is certain but there is no guaranteed profit as delta moves can increase cost. Fall in vega on the other hand is backed by a powerful force that sells options and gives handsome returns. Our job is to identify them.
— Sarang Sood (@SarangSood) February 12, 2020
