Happy Monday! Dominion Voting Systems is suing Rudy Giuliani for $1.3 billion.
As Akiva notes, the legal question is going to boil down to something known as "actual malice."
That's a tricky concept for nonlawyers (and often for lawyers) so an explainer might help.
So Dominion sued Rudy for defamation. How are they ever going to allege actual malice? https://t.co/p8d3flDkGm
— Akiva Cohen (@AkivaMCohen) January 25, 2021
If you want to win a defamation case, you have to prove:
(1) that defendant made a false and defamatory statement about you;
(2) to a third party without privilege;
(3) with the required degree of fault;
(4) causing you to suffer damage.
I've been flipping through defamation cases from the court where this case was filed. I'm finding lots of cases that were dismissed because actual malice wasn't adequately pled. I've not yet found one where a case survived.
OK - just found a case where a defamation claim survived a motion to dismiss in D. DC. Let's take a look at what that required.
And even there, the court called it a "close question."
So I hope you can see why, even though the claims are insane and it's clear that Rudy at least should have known they were false, a lot of lawyers are still skeptical of Dominion's chances.
More from Mike Dunford
Oh myyyyyyyyyy
— Mike Dunford (@questauthority) January 25, 2021
Good morning, followers of frivolous election-related litigation - new filings in Seditionists v 117th Congress et al. (aka in re Gondor)
I've really got to get stuff done, but there's time for a really quick overview.
As far as I can tell from the docket, this is the FOURTH attempt in a week to get a TRO; the question the judge will ask if they ever figure out how to get the judge's attention will be "couldn't you have served by now;" and this whole thing is a
The memorandum in support of this one is 9 pages, and should go pretty quick.
But they still haven't figured out widow/orphan issues.
https://t.co/l7EDatDudy
It appears that the opening of this particular filing is going to proceed on the theme of "we are big mad at @SollenbergerRC" which is totally something relevant when you are asking a District Court to temporarily annihilate the US Government on an ex parte basis.
Also, if they didn't want their case to be known as "in re Gondor" they really shouldn't have gone with the (non-literary) "Gondor has no king" quote.
No, this is not a thing that will change the election. At all.
If this is real - and I do emphasize the if - it is posturing by the elected Republican "leadership" of Texas in an attempt to pander to a base that has degraded from merely deplorable to utterly despicable.
Apparently, it is real. For a given definition of real, anyway. As Steve notes, the Texas Solicitor General - that's the lawyer who is supposed to represent the state in cases like this - has noped out and the AG is counsel of
It looks like we have a new leader in the \u201ccraziest lawsuit filed to purportedly challenge the election\u201d category:
— Steve Vladeck (@steve_vladeck) December 8, 2020
The State of Texas is suing Pennsylvania, Georgia, Michigan, and Wisconsin *directly* in #SCOTUS.
(Spoiler alert: The Court is *never* going to hear this one.) pic.twitter.com/2L4GmdCB6I
Although - again - I'm curious as to the source. I'm seeing no press release on the Texas AG's site; I'm wondering if this might not be a document released by whoever the "special counsel" to the AG is - strange situation.
Doesn't matter. The Supreme Court is Supremely Unlikely to take this case - their jurisdiction is exclusive, but it's also discretionary.
Meaning, for nonlawyers:
SCOTUS is the only place where one state can sue another, but SCOTUS can and often does decline to take the case.
More from Politics
Imagine, for a moment, the reaction of the UK Government, Brexiters, and the RW UK press if Juncker, Tusk, Macron or Merkel went on TV to say that Brexit was worth it to stop Freedom of Movement for UK citizens, and to stop Brits being able to come to the EU and jump the queue.
— Steve Bullock (@GuitarMoog) November 20, 2018
2/ Imagine if the EU said finally all those retired Brits in the EU27 could go home
3/ Imagine if the EU said finally all those Brits in the EU could stop driving down wages, taking jobs and stop sending benefits back to the UK
4/ Imagine if the EU said it was looking to use UK citizens as “bargaining chips” to get a better trade deal
5/ Imagine if the EU told UK citizens in the EU27 that they could no longer rely on established legal rights and they would have to apply for a new status which they have to pay for for less rights
1/
So I went to her campaign website and took that web address and looked through the internet archive. When I went back to 2017, it was not her website, it belonged to the group "Brand New Congress."
2/
Here's what the web address https://t.co/Uhz2q4Dpll looks like now:
3/
Here's what the same web address looked like in late 2017:
4/
What's “Brand New Congress?” BNC is a group of Bernie Sanders staffers who got together, decided to make the 2018 midterms all about Bernie policies by taking his ideas & finding 400 Bernie carbon copies to dump into Congressional & other races, creating a 400 headed Bernie.
5/
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• I have curated some of the best tweets from the best traders we know of.
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A THREAD:
— Aditya Todmal (@AdityaTodmal) November 28, 2020
7 FREE OPTION TRADING COURSES FOR BEGINNERS.
Been getting lot of dm's from people telling me they want to learn option trading and need some recommendations.
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(1/10)
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Got these scanners from the following accounts:
1. @Pathik_Trader
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4. @SouravSenguptaI
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— Aditya Todmal (@AdityaTodmal) January 29, 2021
Got these scanners from the following accounts:
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12 TRADING SETUPS which experts are using.
— Aditya Todmal (@AdityaTodmal) February 7, 2021
These setups I found from the following 4 accounts:
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Everything covered in this thread.
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Curated tweets on How to Sell Straddles
— Aditya Todmal (@AdityaTodmal) February 21, 2021
Everything covered in this thread.
1. Management
2. How to initiate
3. When to exit straddles
4. Examples
5. Videos on Straddles
Share if you find this knowledgeable for the benefit of others.