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TwiceHorn

Certifiably Surly
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Everything posted by TwiceHorn

  1. That poor calf is about to get sued.
  2. With the US Constitution reprinted in it and a Lee Greenwood song. Jesus wept. And then was exceeding wroth.
  3. Fuck that, I'm gonna gut that fat ass pig-eyed bitch like a fish. Except I'll leave her entrails sitting her lap so she can look at them.
  4. Unlike a Chapter 7 and 13, where a panel of private attorneys do the work of supervising the debtor and collecting the bankruptcy estate for liquidation or distribution according to a 13 plan, the only trustee in an 11 is the US Trustee and they are pretty hands off for a legit debtor. But like most court things, a judge, whether severe or lenient, doesn't exercise much power until moved to do so by one of the parties which includes the US Trustee in an 11.
  5. Interesting article. Although Reacher may be kind of trite and he a bit wooden, he seems oddly likeable, but I wondered about his Christianity and other things. Seems like a solid dude.
  6. The residential construction industry groaning about being sued for building shitty houses. Wait, that already happened. https://www.dentonlaw.com/news-and-articles/residential-construction-defects/
  7. So, are your clients "little guys" or moneyed interests of the type who in the past supported tort reform?
  8. Maybe try not being a cunt. And keep your shitty politics in the cloak room.
  9. Article is kind of fucky in the sense that it implies or states that remaining Trump's lawyer insulates him from testifying against Trump in the documents case. It does not.
  10. Been tried before, not gonna work. Well, if you did it, you would certainly be prosecuted. 😬😬 We said rare, not never.
  11. It is true that perjury of some sort goes on in courtrooms all across the country, not to mention in affidavits and declarations, every single day, multiple times. And prosecutions for perjury are rare, whether of rich or of poor. Exceedingly rare compared to the amount of perjury. A lot of this is due to the materiality of the perjury: it's either a minor, immaterial point or the credibility of the witness is so bad everyone knows they're lying. The other issue is that to prove it beyond a reasonable doubt can be quite difficult.
  12. Suing is a civil liberty in the United States that is unmatched elsewhere in the world. As brisket notes, efforts to "get the lawyers under control" always hurt those with meritorious claims more than anyone else. How about we try getting the insurers under control?
  13. Key takeaway (yes I clicked on fox dammit): On Wednesday, House republicans derailed Speaker Mike Johnson’s effort to renew the legislation after former President Trump confused Section 702 with FISA Title 1, directing lawmakers to tank the bill on Truth Social. "KILL FISA, IT WAS ILLEGALLY USED AGAINST ME, AND MANY OTHERS. THEY SPIED ON MY CAMPAIGN!!!" he wrote. Fucking lickspittles.
  14. Smith's appointment did not signal the commencement of the investigation. Smith was appointed when Trump announced his candidacy and created an apparent conflict of interest between him and the administration (prior to that, it was theoretical). That is the ONLY reason Smith was appointed. Special Counsel are not roving badasses. They are appointed when there is a conflict of interest between the DOJ/Administration and the target of an investigation. Smith, being appointed to do one thing, did focus the investigation, most assuredly, and freed it from the hierarchy and bureaucracy of the DOJ. There are some innuendos that various factions in the DOJ didn't want to indict Trump and others were in disagreement about what crimes he committed and for what he should be indicted. Smith bypassed a lot of that, and it's pretty clear that he is single-minded and tough.
  15. I have skimmed things. The objection from James is that Knight Specialty Insurance is a "non-admiited carrier" without a certificate of qualification under Insurance Law S. 1111. The objection is here, if the linky stays live. https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=s4dpZ_PLUS_u0rxLM_PLUS_xsccBGwbw== The bond, known as an "undertaking" in NY law, is a quite informal document compared to what you might see in another jurisdiction, where the bond is likely an instrument of commercial paper paid to the order of the Plaintiff upon certain conditions, to wit, affirmance of the judgment, affirmance of part of the judgment, or dismissal of the appeal. The undertaking may be viewed here. https://eddsa.blob.core.usgovcloudapi.net/public/452564_2022_PEOPLE_OF_THE_STATE_OF_v_PEOPLE_OF_THE_STATE_OF_BOND_UNDERTAKING_1707.pdf According to the law, CPLR 5519, the undertaking is: an undertaking in that sum [the amount of the judgment] is given that if the judgment or order appealed from, or any part of it, is affirmed, or the appeal is dismissed, the appellant or moving party shall pay the amount directed to be paid by the judgment or order, or the part of it as to which the judgment or order is affirmed; So not just a hell of a lot of precision there. But the AG's objection is set forth above and appears to be directed to the capacity of Knight to do insurance business in the State of NY.
  16. See, here's where you're wrong. The Supreme Court has never really cared about facts. Those get handled in the courts below. It may be more obvious that the court is cherry-picking cases with certain fact patterns now that it is full-on activist, but that's the way it has always been.
  17. It is an inherently pay-for-play system. I'm not sure how we escape that. Public defenders are getting better in the criminal arena because of the spotlight you mention. There are other areas, such as contingent-fee litigation, where little or smaller guys are getting top-notch, vigorous representation, but that's in pretty limited circumstances in civil cases. Trumpco is milking available procedures for all they are worth, but it's not working very well outside of Cannon's court, as you note, even in the pretty short term. One thing we have to acknowledge is that Trump is unprecedented in virtually every area that pertains to government institution and his abuse of same. The institutions were unprepared for the likes of him. In the courts, that lack of preparation takes the form of novel legal questions, so-called "issues of first impression." As a corrupt former President, Trump has presented those in spades unfortunately. But the judicial system has dealt with them better than other institutions of government. As has been noted, courts are a fundamentally fact-based forum, where Trump's bullshit is far less likely to work than other fora.
  18. Imputation or presumption of a cause of action or offense, particularly the elements of an offense like fraud (usually requires clear and convincing evidence, etc.) poses pretty serious due process concerns in a criminal context, possibly civil as well.
  19. I think the various weather reporting outlets may be "over reporting" severe weather for clicks. It may just be the weird weather patterns, but it often seems like they make things more dire than they actually are. Of course, the Storm Prediction Center can make that easy and I don't think they're angling for clicks.
  20. Probably a decent argument that 1.5 hours after the crash, it rose to .105 and at the time of the crash was below.
  21. I remember when it happened, I was just venturing outside of the sports boards and wasn't very integrated into the community. I do remember that information about it was hard to come by as the mods quickly deleted anything that referenced it much, particularly in any way that might have implicated her privacy or that of her family. It was shrouded in mystery at the time, particularly for someone who hadn't known the back story.
  22. And, it's kind of nutty to spring the idea of a confidential deposition when there are not any previous protective orders or other secrecy provisions. Because, unless you can claim some kind of surprise inquiry at the deposition, it's pretty hard to go back to the court and try to make discovery/depositions confidential after the fact. Quinn Emmanuel is, overall, a super-competent firm like Susman Godfrey, meaning they rarely fuck up. But this would seem to be a fuck up if they're serious or Musk is about keeping it confidential. Quinn Emmanuel attorneys are frequently dicks, too. Arrogant.
  23. Right, I guess that's part of it. I think, though, that captainant is right, until the bond issues are resolved one way or another, execution is halted.
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