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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsDevin 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.
The Velveteen Ocelot
(115,693 posts)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.
Midnight Writer
(21,765 posts)Gothmog
(145,242 posts)The Velveteen Ocelot
(115,693 posts)Ms. Toad
(34,072 posts)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.)
The Velveteen Ocelot
(115,693 posts)This guy is a poster child for Rule 11 sanctions, at least.
Ms. Toad
(34,072 posts)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)shadow of a case, those numbers would be offensive.
SergeStorms
(19,201 posts)erronis
(15,257 posts)ancianita
(36,055 posts)RainCaster
(10,874 posts)Stallion
(6,474 posts)if he dismissed his claim, CNN could continue to use discovery for its counterclaim. Isn't that what a new agency should do.
erronis
(15,257 posts)AllyCat
(16,187 posts)(And real life since it is a true story)
Bernardo de La Paz
(49,001 posts)Stonepounder
(4,033 posts)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!
Duppers
(28,120 posts)Such frivolous litigation needs to be stopped.
Pepsidog
(6,254 posts)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)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)Killer's lawsuit, this!.. Doesn't show respect for the law.
groundloop
(11,519 posts)No need to give that vile bastard a single bit of recognition.
Historic NY
(37,449 posts)[link:|]
jayschool2013
(2,312 posts)Comic Sans, right?
paleotn
(17,913 posts)Glad they're so inept. But good lord, is there any intellectual horsepower on their side?
grantcart
(53,061 posts)KY_EnviroGuy
(14,491 posts)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)I read this pleading and was wondering a lawyer actually reviwed this piece of dteck
Ms. Toad
(34,072 posts)But he's not a very good lawyer (at least not a well-behaved one): https://www.democraticunderground.com/?com=view_post&forum=1002&pid=12760900
Opel_Justwax
(230 posts)blaze
(6,361 posts)Look! Something shiny!!
Bettie
(16,109 posts)they ARE sending us their best...which is kind of horrifying.