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Alex Jones


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2 minutes ago, Pig Bellmont said:

Objections during a closing are typically bad form (like unwritten rules of baseball stuff) but those examples are pretty egregious and deserve the interruptions 

The plaintiffs might have learned a lesson from the first closing. They let Reynal get away with a bunch of horseshit and it probably burned them.

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2 hours ago, South Austin said:

Same here. I’m a trial lawyer by trade, but I handle a lot of my own appeals, and I love researching and drafting for an appellate brief. And my arguments before the Fifth Circuit are some of the best experiences in my legal career, well beyond most trial proceedings. I’ve thought that if I could start over I’d clerk for a federal appellate judge out of law school and have a full-time appellate practice.

I sort of like the practice of law. But I still love the law.

Same, same.

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Fuck Alex Jones! Fuck him! I remember the summer in college at UT my brother and I shared an apt and we called into his show all the time on public access to prank him just to watch him have weird facial tics and rapidly blink and lose his shit. Fuck him. 

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4 hours ago, TwiceHorn said:

Do you sometimes think you should have stayed an engineer?  I do. 

Nah. I do think I should have done something meaningful, though. Like physics. Or political science. Or inventing a time machine and traveling back to prevent the Charlie Strong era. 

Edited by BrickHorn
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59 minutes ago, Captainant said:

 

 

I don't understand the first argument. Damages were guaranteed therefore no cap based on... ? Here is the text:

https://statutes.capitol.texas.gov/Docs/CP/htm/CP.41.htm#:~:text=(5) "Exemplary damages",fraud other than constructive fraud.

Quote

 

Sec. 41.008. LIMITATION ON AMOUNT OF RECOVERY. (a) In an action in which a claimant seeks recovery of damages, the trier of fact shall determine the amount of economic damages separately from the amount of other compensatory damages.

(b) Exemplary damages awarded against a defendant may not exceed an amount equal to the greater of:

     (1) (A) two times the amount of economic damages; plus

       (B) an amount equal to any noneconomic damages found by the jury, not to exceed $750,000; or

    (2) $200,000.

(c) This section does not apply to a cause of action against a defendant from whom a plaintiff seeks recovery of exemplary damages based on conduct described as a felony in the following sections of the Penal Code if, except for Sections 49.07 and 49.08, the conduct was committed knowingly or intentionally:

    [listing sections]

 

I just don't see any room in there for whatever argument he is making. And I wish him luck on the constitutionality argument. He is going to need it. 

Edited by Dahobbs
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1 hour ago, Pig Bellmont said:

Objections during a closing are typically bad form (like unwritten rules of baseball stuff) but those examples are pretty egregious and deserve the interruptions 

P's should have objected more. Reynal is so easy to get off his game.

1 hour ago, BrickHorn said:

The plaintiffs might have learned a lesson from the first closing. They let Reynal get away with a bunch of horseshit and it probably burned them.

Agreed.

Not a fan of the Ps presentation.

But damn, Reynal is a shitty lawyer. 

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Nah. I do think I should have done something meaningful, though. Like physics. Or political science. Or inventing a time machine and traveling back to prevent the Charlie Strong era. 

I have a piece of paper on the wall that says I'm an engineer (from UT, with honors). Look at me now Ma.
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48 minutes ago, BrickHorn said:

Nah. I do think I should have done something meaningful, though. Like physics. Or political science. Or inventing a time machine and traveling back to prevent the Charlie Strong era. 

Your only shot would have been to convince Bellmont to pay Muschamp way more than he would have been worth.

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1 minute ago, chainsaw said:

If Jones did any federal crimes (assuming the phone subpoena to the committee is a treasure trove of incriminating evidence) can that 270m get "civil asset forfeiture'd" or am I just trippin 

A government? Going after a rich right wing provocateur? You ever read a history book? I wouldn't bet on it unless the Jan6 committee is able to nail his ass to the wall

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5 hours ago, Brisketexan said:

Excellent summary.  And the judge still did the right thing by giving Reynal a shot at clawing back anything that's genuinely PRIVILEGED.  Not what Alex's folks might think of as "confidential," but actually subject to a legal privilege.  

So, I'm one of the dwindling breed that does both -- full-on trial law, and full-on appellate law.  And as to the bolded......

hand-up-raise-hand.gif

 

I love geeking out over arcane stuff.  I love standing in front of a panel and just having a free-form Q&A that depends on your encyclopedic understanding of the law and the facts, and having prepared for and anticipated every angle.  And yeah, there are some topics that we'll get jazzed up about as we're discussing it in the office, and I'll stop and say "you realize like 20 people in the world actually give a shit about this, and we're 10% of 'em?"

So, even watching the details and asides in this case is interesting as hell to me.  Nerd.

The sickest part of being an appellate lawyer is the record, the trial transcript in particular.

I can enjoy a good appeal of a legal issue, but factual sufficiency, hard pass.

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7 hours ago, Captainant said:

After four years of the defense abusing the discovery process and dealing exclusively in bad faith on the matter, I couldn't disagree with you more. It's a fucking war against jones, not some prim and proper trial. The defense fucked up because of their refusal to participate in discovery and outright fraud and perjury during that process. 

No fraud from the defense, no privilege issues. Stupid games and stupid prizes. 

Still, you generally don't adjust your conduct based on your opponent's shittiness.

Wanna know why?

Because, on more than a couple of occasions, I have come to believe that my clients opponent had the better position in a case.  It wasn't so bad that I thought I was suborning perjury by letting my client testify, although once I had one come pretty close as the client began to go wildly off-script in cross.  But as facts developed, it became pretty clear to me that the other side probably ought to win, on the facts and on the law.  But I and everyone else on the team tried our hardest to press our arguments and make our case, as was our duty to our client.

And, of course, you frequently undertake representation in cases that are born losers, so you know from jump.  But I'm talking about ones where you figure out your client is actually kind of a piece of shit, when you didn't think so before, and not only probably will lose, but should lose.

When you start believing your opponent no longer deserves civil and equitable treatment  from you, in court, that's the same kind of thinking that leads to sandbagging your own client, and that's no bueno. 

The decisions about culpability/liability aren't yours to make.  Deserve's got nothin to do with it.

Again, though, I don't really think Bankston made a deliberate decision to fuck over Reynal, or let him fuck himself.  But if he did, it's no justification to say Reynal was a fuckhead and deserved it, or that his client did, even when those things are 100% true.

Edited by TwiceHorn
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I don't feel bad for Alex. Not one bit. He's a great example of the proverbial dog catches car. Spent all day every day talking shit about Republicans and Democrats for being demons and part of the new world order. He'd always latch onto a candidate that shared similar beliefs but had absolutely no shot at the party nom like Ron Paul. Decides to latch onto Donald Trump and what do you know he wins the party nomination and the general election. All those years talking about how he's gonna stop the genocidal technocrats and his guy is in the White House. What does he do? Goes into meltdown mode. What a disaster. 

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4 minutes ago, HRSchenker said:

I don't feel bad for Alex. Not one bit. He's a great example of the proverbial dog catches car. Spent all day every day talking shit about Republicans and Democrats for being demons and part of the new world order. He'd always latch onto a candidate that shared similar beliefs but had absolutely no shot at the party nom like Ron Paul. Decides to latch onto Donald Trump and what do you know he wins the party nomination and the general election. All those years talking about how he's gonna stop the genocidal technocrats and his guy is in the White House. What does he do? Goes into meltdown mode. What a disaster. 

He was a bellwether, or whatever negative cliche comes to mind.  I missed him on Austin Access, as I was gone by 1991.  But he was full-bore in the radio by about 1996, and was "Best Austin Radio Host" by 1999 in the Chronicle poll, for fucks sake.

The internet just made him worse.

And, I'm not sure if he "paved the way" for Trump and Trumpism, or Trump paved the way for his "ascendance."

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4 minutes ago, Biff Tannen said:

Haven't kept up the past couple of pages.  Why?

punitive damage caps in texas are included in exemplary damages in texas law. exemplary damages are defined as damages awarded as a punishment, but not for compensatory purposes. they are not awarded as repayment for economic or noneconomic damages.

in texas, punitive damages may not exceed more than two times the amount of economic damages plus the amount equal to non-economic damages not to exceed $750,000 or $200,000, whichever is greater. for instance, if someone sues due to gross negligence and this person is awarded $1.5 million to cover economic loss and $3 million to cover non-economic loss, then the total amount possible for punitive damages would be $3,750,000 (two times $1.5 million plus the $750,000 maximum amount from non-economic damages).

also, i am sure brisket is also contemplating jones' appeal tying things up as long as possible and possibly trying to reach a settlement in the meantime.

Edited by sidis
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I’m kind of surprised, given only 10 signed the actual damages award. But this reflects that Bankston & Co. did a hell of a job showing Alex is an asshole. The jury wanted to punish him. They just didn’t think the plaintiffs actually suffered $150M in damages. At least that’s my theory.

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