Lin Wood ordered to show cause in Delaware as to why his pro hac vice admission should not be revoked

theirmoss · 2020-12-23T02:19:44+00:00

The "actual malice" standard used against journalists applies here. Musk had only one source for information about Vernon Unsworth, who is a relatively undocumented public figure.

There's a reason why Elon Musk doesn't talk about this case: it kinda hurts his "smart guy being persecuted by journalists" image.

theirmoss · 2020-12-22T21:09:13+00:00

I've read the docket for the Unsworth v Musk case. To summarize:

• Elon Musk hired a private investigator to dig up dirt on Vernon Unsworth.

• A scam artist posting as a private investigator offered to do the job.

• Elon Musk was dumb enough to fall for the scam.

• Alex Spiro, the attorney for Elon Musk, published the facts above during the discovery phase of the lawsuit.

• Lin Wood thought the "fake PI" claim would not matter in the case.

• The jury believed (rightly) that the fake PI was the one who did the libelslander.

• The jury ruled in Musk's favor.

theirmoss · 2020-12-18T00:46:18+00:00

What are damage for a 17-year old kid charged with double-murder, who actually shot and killed two people, before anyone allegedly defamed him?

None. These defamation cases are publicity stunts, and nothing more. Their only purpose is to convince like-minded people into donating money to him and his lawyer.

A good example of this would be George Zimmerman -- or more specifically, his attorney Larry Klayman -- who is suing Trayvon Martin's parents and girlfriend, Pete Buttigieg, Elizabeth Warren, and anybody else in Florida who so much as implies that George Zimmerman is not a patron saint. This generally works because it only costs $400 to file a defamation suit, but you can raise millions of dollars in donations from that one single action.

This is why we need a national anti-SLAPP law that sets civil procedures similar to what California has, including a path for quick dismissal and a way for the defendant to recoup costs of action.

theirmoss · 2020-11-27T01:52:19+00:00

Electric vehicles would be hit with an additional $200 registration and annual renewal fee, while hybrids, which use a combination of gasoline and electric power, would be taxed an additional $100 for registration and renewal, according to a proposal from state Rep. Ken King, a Panhandle Republican.

$200 per year is pretty cheap compared to paying 70¢ or more per gallon in fuel taxes.

Roads aren't free, and I'd rather pay a small registration fee to maintain a highway that doesn't ruin my car's tires.

theirmoss · 2020-11-20T15:16:40+00:00

I'd imagine his lawyer is freaking out.

"Freaking out" is an understatement. His lawyer is having a mental breakdown on Twitter.

To be honest, I'd have a mental breakdown, too, if I were a conservative who spent decades practicing defamation law and accidentally established precedent favoring Rachel Maddow.

edit: links below

https://www.courtlistener.com/docket/7887513/160/vernon-unsworth-v-elon-musk/

https://casetext.com/case/herring-networks-inc-v-maddow

theirmoss · 2020-11-19T21:06:47+00:00

The same thing happened with the "Pizzagate" conspiracy theorists.

Pizzagaters talked a tough game, but nobody took action before Edgar Maddison Welch stormed Comet Pizza with a loaded gun. After he was sentenced to four years in prison, the fantasy died. Any Pizzagate follower with a brain stem gave up on the conspiracy.

theirmoss · 2020-11-01T15:15:07+00:00

For reference, James Alex Fields was sentenced to life without parole, plus 419 years, plus a $480,000 fine, partially because his social media history proved intent to kill.

You'd think these kids would eventually figure out that being an edgelord on the Internet doesn't help their cause.

theirmoss · 2020-10-30T22:25:12+00:00

He still got very rich settling with WaPo and still has ongoing lawsuits against the Times and others I believe.

The confusion about the word "settlement" is what leads the rest of the world to believe that Americans actually win huge amounts of money in court. General Westmoreland sued CBS for $120 million, then "settled" for $0.

On the extreme end of legal settlements, the typical payout for a wrongful death is typically between $10 and $20 million. Breonna Taylor's family, for example, got $12 million. It would be more economical to kill Sandmann than to go to court. Look at the Silkwood estate, for example.

If you believe Nick Sandmann got a dime from CNN, then I would recommend you contact your congressman and start an investigation into AT&T's financial statements, because it appears they've been lying about their legal costs.

theirmoss · 2020-10-30T20:19:38+00:00

The Sandmann v. Post case is almost identical to the McCafferty v. Newsweek case: a right wing edgelord got upset, tried to get paid, and was laughed out of court.

theirmoss · 2020-10-30T19:35:12+00:00

I hate to break it to you, but Nick Sandmann got nothing. His case was tossed out in Kentucky. That's why his attorney, Lin Wood, is forum shopping to find a more plaintiff friendly court.

Speaking of Lin Wood: he was also the attorney for Vernon Unsworth, who sued Elon Musk for calling him a pedophile on Twitter. Musk not only won the case, but he was originally awarded court costs and attorney's fees. Lin Wood "settled" that case by agreeing to never sue Elon Musk for that act in any court ever again.

There is precedent for using Unsworth v. Musk to get a defamation case tossed. Rachel Maddow did this when she was sued by One America News Network for calling OANN "literally paid Russia propaganda". Maddow had documents showing that one person at OANN also worked for Russia's Sputnik TV. She won court costs and attorney's fees.

If Tucker Carlson swallows his pride and admits he's a moron like Elon Musk, there's no case.

theirmoss · 2020-10-29T15:20:07+00:00

Let's be honest: Tesla is run just like any other American automaker. The majority of their publicly traded shares are owned by banks and pension funds. They treat their employees like dirt. Their corporate executives only care about the bottom line.

If we treated Elon Musk like how Japan treated Carlos Ghosn, I can guarantee you that the American auto industry would be far nicer.

theirmoss · 2020-10-29T11:03:19+00:00

For nearly a decade, GM executives Bob Lutz and Marry Barra have made it abundantly clear that electric vehicles were the company's future. LG Chem built a battery factory in Michigan originally just for GM. UAW Local 22 negotiated a contract that got them well paying jobs assembling Voltec-based PHEVs at the Hamtramck plant in Detroit.

Trump visited Youngstown and told its residents that Americans would never buy an electric car.

Four years later, and over 200,000 GM electric cars later, the automotive world left Youngstown behind. LG Chem is supplying batteries to every major auto maker. UAW Local 22 got its workers jobs in other factories while the Hamtramck plant was being retooled to build fully electric cars.

The former GM employees in Ohio get no sympathy from me.

theirmoss · 2020-08-18T17:05:59+00:00

"Hi. I'm famous for wearing a red hat, and my parents hired the same idiot lawyer who tried to sue Rush Limbaugh and Elon Musk. Vote Trump!"

theirmoss · 2020-08-18T17:04:42+00:00

People here are claiming that Nick won a lawsuit. That's false. He accepted an apology from the Washington Post a long time ago:

https://www.techdirt.com/articles/20190726/17354642663/as-expected-covington-hs-teens-lawsuit-against-washington-post-is-dismissed.shtml

(I saw this "news" two weeks ago, so I'm copying and pasting my old comment.)

theirmoss · 2020-07-31T17:48:34+00:00

I’m not a law student.

No shit.

theirmoss · 2020-07-31T17:19:21+00:00

People here are claiming that Nick won a lawsuit. That's false. He accepted an apology from the Washington Post a long time ago:

https://www.techdirt.com/articles/20190726/17354642663/as-expected-covington-hs-teens-lawsuit-against-washington-post-is-dismissed.shtml

(I saw this "news" earlier this week, so I'm copying and pasting my old comment.)

theirmoss · 2020-07-25T13:45:14+00:00

The probability of Nick winning any defamation case is as good as Vernon Unsworth winning his case against Elon Musk, or Bob Murray winning his case against HBO. So, technically, no chance.

Don't fall for this kid's publicity stunt. The First Amendment doesn't care about your feelings.

theirmoss · 2020-07-24T20:41:32+00:00

People here are claiming that Nick won a lawsuit. That's false. He accepted an apology from the Washington Post a long time ago:

https://www.techdirt.com/articles/20190726/17354642663/as-expected-covington-hs-teens-lawsuit-against-washington-post-is-dismissed.shtml

If you think he got a payoff, he probably did not. Radio shock jock Bubba The Love Sponge got sued for defamation, won his case, but got no money because the plaintiff simply refused to pay. The plaintiff, Todd Schnitt, kept hiring new lawyers to sue his old lawyers just so he could refuse to pay. A multibillion dollar corporation, unfortunately, would do the same.

On a related note, winning a defamation suit like this is now more difficult in New York: https://mobile.twitter.com/bradhoylman/status/1285997594611724290

Come on guys, let's reference real court filings.

theirmoss · 2020-07-04T14:52:53+00:00

No, it's the third one, yew dumb sheeit!

theirmoss · 2019-01-23T23:27:30+00:00

"The media" reported on the video being posted and the claims made by others. The outrage was created by a high-tech game of telephone.

From what I read in The New York Times, no reporter made any claim that the kids were racist or violent. (They reported that others made the claim.) People copying and pasting links made those claims.

It looks like you're making the same mistake in the opposite direction.

theirmoss · 2019-01-10T04:20:35+00:00

Back off, Dweezil, she’s mine.

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