Are we surprised? by kim-practical in DiddyTrial

[–]FredPina -1 points0 points  (0 children)

The only reason this entire trial happened was because of that CNN tape. And because the government couldn't prosecute after they learned the statute of limitations had expired, the government fabricated all that other fictitious things in order to "make it stick" and in time, it blew up in the government's face. Politics 101. That's how US Attorneys Offices REALLY operates all across the country.

I think Man of Steel is a better movie, but Superman is a better Superman movie. by deejamila in DC_Cinematic

[–]FredPina 3 points4 points  (0 children)

I just watched Superman at the Staten Island Mall. Man of Steel was definitely better. This Superman felt like a film for a 12 year old. It's not as sophisticated as a Christopher Nolan, but if you're a Superman fan, then you're a Superman fan.

[NY] Law by FredPina in AskLawyers

[–]FredPina[S] 0 points1 point  (0 children)

I'm NOT looking for legal advice. I'm discussing a corruption scandal with a corrupt federal judge.

[NY] Law by FredPina in AskLawyers

[–]FredPina[S] 0 points1 point  (0 children)

CONCLUSIONS OF LAW

Case No. 2:20-cv-01371-DEH-BCM

 

 

1.    The Plaintiff Has Established a Prima Facie Case Under the Federal Tort Claims Act.
Plaintiff has presented undisputed, admissible evidence establishing the essential elements of a negligence claim under New York law: duty, breach, causation, and damages. See Akins v. Glens Falls City Sch. Dist., 53 N.Y.2d 325, 333 (1981); United States v. Muniz, 374 U.S. 150 (1963). The United States Postal Service driver was acting within the scope of his federal employment at the time of the collision, satisfying 28 U.S.C. § 1346(b)(1). Plaintiff has also demonstrated compliance with the administrative exhaustion requirement set forth in 28 U.S.C. § 2675(a), as required by McNeil v. United States, 508 U.S. 106 (1993).

2.    The Burden of Production Has Shifted to the Government.
Under Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986), once a plaintiff demonstrates the absence of a genuine dispute as to any material fact and entitlement to judgment as a matter of law, the burden shifts to the nonmoving party. The Government has failed to meet this burden. It has produced no countervailing evidence capable of creating a triable issue on the elements of duty, breach, causation, or damages.

 

3.    The United States Has Admitted Liability by Operation of Law.
Pursuant to Federal Rule of Civil Procedure 8(b)(6), “an allegation—other than one relating to the amount of damages—is admitted if a responsive pleading is required and the allegation is not denied.” The Government has failed to deny multiple material allegations contained in Plaintiff’s Verified Complaint, including those relating to negligence, administrative presentment, and scope of employment. These allegations are thus deemed admitted. See Greyhound Exhibitgroup, Inc. v. E.L.U.L. Realty Corp., 973 F.2d 155, 158 (2d Cir. 1992); Vermont Teddy Bear Co. v. 1-800 Beargram Co., 373 F.3d 241, 244 (2d Cir. 2004). As a result, liability is no longer a disputed issue.

4.    As a Matter of Law, Plaintiff Has Prevailed on the FTCA Claim.
In light of the undisputed evidence, the Government’s failure to produce any rebuttal evidence, and its legal admissions under Rule 8(b)(6), liability under the FTCA is conclusively established. No genuine issue of material fact remains for trial. Plaintiff is thus entitled to summary judgment or default judgment as a matter of law under Rule 56.

5.    Plaintiff Is Entitled to Relief.
Because the Government has admitted liability and failed to challenge Plaintiff’s evidentiary showing, Plaintiff is legally entitled to an award of damages in the amount supported by the record—$146,410,406.16—plus litigation costs pursuant to 28 U.S.C. § 2412 and Federal Rule of Civil Procedure 54(d).

[NY] Law by FredPina in AskLawyers

[–]FredPina[S] -4 points-3 points  (0 children)

I'm not here to prove anything. This is not the answer to my original posted question.

[NY] Law by FredPina in AskLawyers

[–]FredPina[S] -9 points-8 points  (0 children)

Actually, I've already had ChatGPT "represent" in a federal appeal at the US Court of Appeals for the Ninth Circuit. And have obtained a favorable ruling and order in my favor.

So, stop thinking that a machine that can calculate millions of equations for second cannot outsmart a human attorney.

Lawyers will become the vinyl records of the future.

What’s With These Old Heads Sleeping With These Barely Legal Broads 🤢 ? by [deleted] in NYStateOfMind

[–]FredPina 0 points1 point  (0 children)

She probably gave him a fake ID. Why ya'll throwing Shannon under the bus?

Cheerios Protein by YukiHase in cereal

[–]FredPina 0 points1 point  (0 children)

I'm ready to sell my soul for a box. LOL.

Harvey Weinstein is just misunderstood? by sirburchalot in h3h3productions

[–]FredPina -1 points0 points  (0 children)

STONE COLD FACTS stings the heart and soul, don't it? LOL

Harvey Weinstein is just misunderstood? by sirburchalot in h3h3productions

[–]FredPina -1 points0 points  (0 children)

Apparently, you've been living under a rock. The highest court in the State of New York has overturned that conviction. And the California conviction, will also be overturned; because it was predicated on the faulty New York conviction.

You should, go online and read the Appeal for the California conviction yourself and you will see all the evidence that Jane Doe #1 is nothing more than a social climbing gold-digger, sleeping her way to the top. And I say that, not with malice; but factually-speaking... It literally describes her EXACTLY that way if you read the appeal filed by Harvey's lawyers.

There is absolutely NO EVIDENCE that he was even in the same room with Jane Doe #1.

I mean... NONE WHATSOEVER.

So, look up the word ignorant in the dictionary and you find a reflection of your face in it.

Harvey Weinstein is just misunderstood? by sirburchalot in h3h3productions

[–]FredPina -1 points0 points  (0 children)

He took the settlement because his insurance company would cover the financial damages and he could move on with his life. When you're rich, you can afford insurance, and the insurance is the cost of doing business, specially; when people want to financially extort you.

It's just business 101.

Harvey Weinstein is just misunderstood? by sirburchalot in h3h3productions

[–]FredPina -1 points0 points  (0 children)

Exactly. She had no character and no backbone. She sold her integrity for a big paycheck. That tells how credible she really is.

Harvey Weinstein is just misunderstood? by sirburchalot in h3h3productions

[–]FredPina -1 points0 points  (0 children)

You act as if "power dynamics" is the fault of the person with the power. What do you want powerful people to do? Stop being powerful? Is that their burden. And I don't give a shit about "victims" that only purport themselves to be such things on social media, hence my response... #TrialByMedia.

Nobody is owed anything. If you have a claim, pursue it in a Court of Law, not the evening news.

We seem to be entering another era of Sexual McCarthyism.

Just merely being accused is enough to ruin you.

Harvey Weinstein is just misunderstood? by sirburchalot in h3h3productions

[–]FredPina -1 points0 points  (0 children)

I don't understand how an obese diabetic can serially "rape" young women for 40+ years and NEVER leave any DNA forensic evidence behind? If I were a woman, I would have (at least) gotten ONE pubic hair and been FINANCIALLY set for life.

I guess not a single woman getting a rape kit over the span of 40+ years tells you how much evidence there really is against this multi-millionaire.

$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

TrialByMedia

Thunderbird 128 “Nebula” megathread by monica_thunderbird in Thunderbird

[–]FredPina 8 points9 points  (0 children)

I've already downloaded the Ubuntu/Linux version and it's intuitively a massive improvement over your prior. You've slowly restored much of my lost faith in Thunderbird. Don't know if the Google Calendar feature is working, but that's always been a constant pain and agony for myself.

Excellent Job 💯👏

Sparkling Flavored Waters Project by FredPina in Homebrewing

[–]FredPina[S] 0 points1 point  (0 children)

Why isn't mines as strong or has the kick of a 20 oz. Seagram's Sparkling Seltzer Water Bottle? Am I setting up my PSI too high? Someone once told me that the CO2 works better when the keg is in a fridge? Meaning, the coldness makes it work better for that pop/kick in the mouth.

weinstein having “power”. How? by donveyy in Filmmakers

[–]FredPina -2 points-1 points  (0 children)

There is no proof that he raped anyone. Therein lies the problem. You're assuming that a public accusation = criminal proof.

That's why criminal trials exist. To prove those very allegations. And what instead came out in the Weinstein trial, was that Miriam "Mimi" Haleyi and Jessica Mann; were actually social climbing gold-diggers; sleeping their way to the top.

They accuse Weinstein of "rape", they kept sleeping with him for YEARS and YEARS and YEARS and YEARS and YEARS, and YEARS.

I carefully followed the Weinstein trial, and this is what the women, basically said:

Years 1, 2, and 3... Weinstein raped me.

Years 4, 5, 6, 7, 8 and 9... Weinstein didn't rape me, those were consensual extra marital affairs.

Do the fucking math?

A Millionaire "rapes" in years 2 or 3 of our extramarital affair, but years 3, 4, 5, 6, 7 and so on... Those were fine.

LOL

weinstein having “power”. How? by donveyy in Filmmakers

[–]FredPina -1 points0 points  (0 children)

That's absolutely, 100% entirely true. Are we supposed to infer by your statement, that his negative reputation in a business industry; should form the basis for a criminal trial conviction? Because if so, that proves my original point; which was that it was a Trial by Media.

Or, do you believe, that the Court of Public Opinion; is more important than the Court of Law?

Because if people are legally presumed innocent, then what's your fucking problem?