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DetlefK

(16,423 posts)
Sat Dec 7, 2019, 03:54 PM Dec 2019

Devin Nunes is suing CNN for defamation and his legal brief is SO BAD.



The guy in the video, Leonard French, is a copyright-lawyer.



Here are all the ways Devin Nunes fucked up:

* He didn't format it according it to the court-guidelines, which is automatically going to annoy the judge because it makes the text harder to read. (Don't annoy the judge.)

* He presents his conclusions as fact without citing sources for his claims.

* He thinks that when one news-report contradicts another news-report, he gets to pick and choose which one is correct.

* In this legal brief he wrongly uses terms that have one meaning in everyday-language and another meaning in legal language. "Hearsay" is not always "hearsay".

* He thinks that when CNN reports what Lev Parnas said, that is somehow evidence of a conspiracy between CNN and Lev Parnas.

* Instead of presenting his case and laying out what CNN has said and how he was damaged, he spent a major part of his brief rehashing the whole Ukraine-saga.

* He presumes that he suffered damages from the alleged defamation... which you are not allowed to do. Only actual provable damages count in a defamation-case.

* He cites emotional damages and distress... which don't count as damages for the purposes of a defamation-lawsuit.

* He claims that his damages are worth $430,000,000... without explaining how he came up with that number.

* He demands $350,000 of punitive damages for CNN... without explaining how he came up with that number.




The lawyer above assumes that Devin Nunes filed this as a publicity-stunt and will quietly withdraw his lawsuit before the case proceeds to the discovery-phase.

"Discovery" is when both sides can demand the other side to show certain documents. Can you imagine what happens when CNN demands to see Nunes' plane-tickets and visa-stamps? Withholding evidence during the discovery-phase is a big No-No and would get Nunes into major legal trouble.
32 replies = new reply since forum marked as read
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Devin Nunes is suing CNN for defamation and his legal brief is SO BAD. (Original Post) DetlefK Dec 2019 OP
I don't think a lawyer wrote that; I think Nunes did The Velveteen Ocelot Dec 2019 #1
Could be a Liberty University alumni lawyer. Who needs law when God is on your side? Midnight Writer Dec 2019 #2
We are in agreement on this conclusion Gothmog Dec 2019 #23
Smack them upside the head with Rule 11 sanctions. The Velveteen Ocelot Dec 2019 #24
This attorney likely did. Ms. Toad Dec 2019 #25
Seems like he's really pushing his luck. The Velveteen Ocelot Dec 2019 #29
Definitely. Ms. Toad Dec 2019 #31
All of his crazy lawsuits are for hundreds of millions of dollars. Even if he had the slightest tblue37 Dec 2019 #3
And I thought republicans.... SergeStorms Dec 2019 #13
As always, what they say is the opposite of what they do. And projection much? erronis Dec 2019 #18
+1000! ancianita Dec 2019 #19
I want to see him laughed out of the court RainCaster Dec 2019 #4
CNN Should Immediately File a Bad-Faith Filing Counterclaim So Nunes CAN'T Dismiss Suit Stallion Dec 2019 #5
That sounds like the ticket. And opens the door to discovery of noones facts/falsehoods. erronis Dec 2019 #20
It worked for the Lynwood police in Unbelievable AllyCat Dec 2019 #32
He really trumped up. His case is a steaming pile of tRump. . . . nt Bernardo de La Paz Dec 2019 #6
IANAL but ... the Mrs. was a Legal Secretary for a couple of big name corporations for Stonepounder Dec 2019 #7
Great idea! Duppers Dec 2019 #15
Anyone can file a lawsuit for anything. You can file a hand written complaint. He will probably Pepsidog Dec 2019 #8
How does one get him declared a vexious litigant? getagrip_already Dec 2019 #9
Gopers sure don't mind lawsuits...Trump's 3000+ for intimidation, Trayvon Martin's Karadeniz Dec 2019 #10
"Trayvon Martin's killer" - I like what you did there. groundloop Dec 2019 #11
Did he use "Legal Zoom" or Lawyer in a box again. Historic NY Dec 2019 #12
Format? Lemme guess jayschool2013 Dec 2019 #14
Man, these guys are dumb. paleotn Dec 2019 #16
Kicking I expect he will have to pay CNN lawyers fees grantcart Dec 2019 #17
Devin has a BEEF and he's gonna MOOve it into court. KY_EnviroGuy Dec 2019 #21
This petition is truly horrible Gothmog Dec 2019 #22
Apparently one wrote it. Ms. Toad Dec 2019 #26
Why is Nunes having a cow, man? Opel_Justwax Dec 2019 #27
But we're not talking about his buddy Parnas, are we? blaze Dec 2019 #28
So, either the right wing is not sending us their best people or Bettie Dec 2019 #30

The Velveteen Ocelot

(115,693 posts)
1. I don't think a lawyer wrote that; I think Nunes did
Sat Dec 7, 2019, 03:57 PM
Dec 2019

and some dumbass of a lawyer just signed off on it and filed it, probably hoping for a quick settlement, which will not happen. IIRC, the lawyer Nunes has used for other cases has been suspended a couple of times, probably deservedly. This dumpster fire won't get as far as discovery.

Ms. Toad

(34,072 posts)
25. This attorney likely did.
Sat Dec 7, 2019, 09:05 PM
Dec 2019

Among other things, his license was suspended for a year, beginning January 1, 2009: https://www.vsb.org/docs/Biss_11-26-08.final.pdf

His license was suspended an additional month on 10/2/2009 for continuing to practice law while under suspension. https://www.vsb.org/docs/Biss_11-05-09.pdf

Fresh off suspension, on 10/18/2010 he was given a public reprimand https://www.vsb.org/docs/Biss-101910.pdf

So - if he knows the law as well as he knows the rules of professional conduct, it's likely he wrote it.

(Same attorney who wrote the complaint against the twitter accounts. He asserted torts he cannot possibly prove against the two accounts: Neglgent infliction of emotional distress. In Virginia, as in most jurisdiction, pure emotional harm is not sufficient to create liablity for NIED. It requires bodily injury or damage to personal property . . . so unless it caused him such distress that he's having PTSD, or shock or another ailment that counts for bodily injury, that claim is toast. I used it as "ripped from the headlines - are you smarter than a practicing attorney" quiz for my students preparing for the bar exam. The last couple of years have been a goldmine for that.)

Ms. Toad

(34,072 posts)
31. Definitely.
Sat Dec 7, 2019, 11:45 PM
Dec 2019

Although his articulaion of the elements of defamation in his suit against one of the twitter accounts was one of the best I've seen. That's actually what triggered me to go look up his record. It looked like someone who had just been through bar review and still had the formal elements memorized to spit out the moment he recognized the defamation question. So I was expecting to find someone who had just been admitted, not someone who had been practicing for a long time (with multiple disciplinary violations).

Maybe he saved his Conviser and pulled the elements from there to draft the claim.

tblue37

(65,357 posts)
3. All of his crazy lawsuits are for hundreds of millions of dollars. Even if he had the slightest
Sat Dec 7, 2019, 04:05 PM
Dec 2019

shadow of a case, those numbers would be offensive.

SergeStorms

(19,201 posts)
13. And I thought republicans....
Sat Dec 7, 2019, 06:34 PM
Dec 2019
hated "frivolous lawsuits". Maybe that was pre-Trump. These days republicans stand for nothing, save the extreme sensitivities of Trump, Nunes, and a few others. Republicans have become the biggest cry-babies since the beginning of recorded time.

Stallion

(6,474 posts)
5. CNN Should Immediately File a Bad-Faith Filing Counterclaim So Nunes CAN'T Dismiss Suit
Sat Dec 7, 2019, 04:57 PM
Dec 2019

if he dismissed his claim, CNN could continue to use discovery for its counterclaim. Isn't that what a new agency should do.

Stonepounder

(4,033 posts)
7. IANAL but ... the Mrs. was a Legal Secretary for a couple of big name corporations for
Sat Dec 7, 2019, 05:23 PM
Dec 2019

Last edited Sat Dec 7, 2019, 07:17 PM - Edit history (1)

their General Counsel, so she knows a bit about the law.

Her suspicion is that Nunes files these dumb suits so that they get entered into the record. Then, even if he drops the suit, while the actual suit gets marked 'Dropped' the filings remain in the court records, so anyone can go back and 'quote' them showing how he tried soooo hard to get justice for all the 'fake news'.

Would absolutely love, love, love for CNN to file a Bad-Faith claim and make him go to court with his suit so the court record shows the assinity of the suit. And with a little luck Nunes or his lawyer(s) get sanctioned or fined for it!

Pepsidog

(6,254 posts)
8. Anyone can file a lawsuit for anything. You can file a hand written complaint. He will probably
Sat Dec 7, 2019, 05:37 PM
Dec 2019

never serve it on CNN and it will be dismissed for procedural reasons by the court clerk. Most likely a cut and paste job. Just another smear attempt with no substance. Defaming a public official is almost impossible if you are a legitimate news organization.

getagrip_already

(14,750 posts)
9. How does one get him declared a vexious litigant?
Sat Dec 7, 2019, 05:50 PM
Dec 2019

I think that's the term for someone who is a habitual filer of really bad lawsuits. It essentially brands him a legal pariah and he can't just file suits with judicial review.

Between this one, the cow suit, the mom suit, and one or two others I think he has out there, there must be a way to put him in the legal baby pen.

Karadeniz

(22,516 posts)
10. Gopers sure don't mind lawsuits...Trump's 3000+ for intimidation, Trayvon Martin's
Sat Dec 7, 2019, 05:51 PM
Dec 2019

Killer's lawsuit, this!.. Doesn't show respect for the law.

groundloop

(11,519 posts)
11. "Trayvon Martin's killer" - I like what you did there.
Sat Dec 7, 2019, 06:13 PM
Dec 2019

No need to give that vile bastard a single bit of recognition.

paleotn

(17,913 posts)
16. Man, these guys are dumb.
Sat Dec 7, 2019, 06:44 PM
Dec 2019

Glad they're so inept. But good lord, is there any intellectual horsepower on their side?

KY_EnviroGuy

(14,491 posts)
21. Devin has a BEEF and he's gonna MOOve it into court.
Sat Dec 7, 2019, 07:23 PM
Dec 2019

In the end though, he'll just MILK it for publicity and never reVEAL his hand.

I think he's just HOOFing and puffing for his daddy the bigly BULLshitter.........

We are just so shocked.....



(sorry, my "shift" key sometimes sticks).........

Gothmog

(145,242 posts)
22. This petition is truly horrible
Sat Dec 7, 2019, 08:01 PM
Dec 2019

I read this pleading and was wondering a lawyer actually reviwed this piece of dteck

Bettie

(16,109 posts)
30. So, either the right wing is not sending us their best people or
Sat Dec 7, 2019, 09:51 PM
Dec 2019

they ARE sending us their best...which is kind of horrifying.

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