Trump sues CBS for $10 Billion over “deceptive editing” of Harris interview

  • Thread starter Thread starter nycfan
  • Start date Start date
  • Replies: 45
  • Views: 1K
  • Politics 
Calheel said:
No, but they can collect attorney's fees if the court finds the filing was frivolous, either under Rule 11 or the Texas Deceptive Trade Practices Act (the claim under which Trump is suing). If the Judge were anyone other than Kacsmaryk, that would be a likely result. With Kacsmaryk, Trump could potentially the win the case.

It is such an absurd way to game the system. Put a biased judge in a remote district and then file all cases in that district, knowing you will get that one specific judge.
Click to expand...
Let me guess, the judge then gets a kickback?
 
“I moved on her, and I failed. “I’ll admit it. I did try and f*ck her…. I moved on her like a b*tch, but I couldn’t get there, and she was married, You know I’m automatically attracted to beautiful— I just start kissing them. It’s like a magnet. Just kiss. I don’t even wait. And when you’re a star, they let you do it. You can do anything. Grab ‘em by the p*ssy. You can do anything,”
 
Crazy to me that every MAGA case heads to the same District Judge in Texas, which only has the one MAGA Judge. They might need another Judge there to handle all of the casework.
 
Calheel said:
No, but they can collect attorney's fees if the court finds the filing was frivolous, either under Rule 11 or the Texas Deceptive Trade Practices Act (the claim under which Trump is suing). If the Judge were anyone other than Kacsmaryk, that would be a likely result. With Kacsmaryk, Trump could potentially the win the case.

It is such an absurd way to game the system. Put a biased judge in a remote district and then file all cases in that district, knowing you will get that one specific judge.
Click to expand...
Texas also has an anti-SLAPP statute that could come into play here, though I haven't read it in detail to know what the remedies are (probably, at most, recovering attorneys' fees incurred in defending the lawsuit).

Fully echo everything about Kacsmaryk. An absolute embarrassment to the legal system that they allow this to continue. Next Dem president has to find a way to create a second district court judge in that district or something.
 
OahuHiHeel said:
Let me guess, the judge then gets a kickback?
Click to expand...
Kacsmaryk doesn't need a kickback - he's a MAGA zealot who is happy to do it for love of the game (of course he's probably getting compensated somewhere behind the scenes too).
 
Also I find it hard to believe that even Kacsmaryk will go so far as to sanction a theory that someone suffers monetary damages from failing to be elected president. It should be newsworthy in its own right that Trump is basically saying that being president is worth ten billion dollars to him.

By the way - go ask all those MAGAs who scream about "fiscal responsibility" how much time and resources from the state and federal court systems Trump and his team are willing to burn through just to satisfy Trump's personal ego that won't let him admit he legitimately lost anything in his life.
 
rodoheel said:
Texas also has an anti-SLAPP statute that could come into play here, though I haven't read it in detail to know what the remedies are (probably, at most, recovering attorneys' fees incurred in defending the lawsuit).

Fully echo everything about Kacsmaryk. An absolute embarrassment to the legal system that they allow this to continue. Next Dem president has to find a way to create a second district court judge in that district or something.
Click to expand...
The Fifth Circuit doesn’t apply the Texas anti-SLAPP statute, unlike a reasonable federal circuit.
 
Zoo_View said:
To us non-lawyers, how does one Federal Circuit not apply a state law when others do apply it?
Click to expand...
1. Different judges interpret laws differently.
2. Different state laws. Not every anti-SLAPP law is written the same
 
Zoo_View said:
To us non-lawyers, how does one Federal Circuit not apply a state law when others do apply it?
Click to expand...
1. A federal circuit's law is only binding within that circuit, so whatever other circuits do is not binding on the 5th Circuit.
2. Differences in the application of state law among circuits can only be reconciled by SCOTUS.
3. This SCOTUS has very little interest in reining in the extreme conservative proclivities of the 5th Circuit, especially as it relates to applications of state law.
 
nycfan said:
“Republican presidential candidate Donald Trump sued CBS on Thursday over an interview of his Democratic rival Kamala Harris aired in early October that the lawsuit alleged was "doctored" and misleading, according to a court filing.

The filing was made in the U.S. District Court for the Northern District of Texas.

… The suit demanded a jury trial and at least $10 billion in damages, the filing showed.“
Click to expand...
Lemme guess: in that moron's court in Amarillo where all the MAGAts file their bullshit.
 
lawtig02 said:
1. A federal circuit's law is only binding within that circuit, so whatever other circuits do is not binding on the 5th Circuit.
2. Differences in the application of state law among circuits can only be reconciled by SCOTUS.
3. This SCOTUS has very little interest in reining in the extreme conservative proclivities of the 5th Circuit, especially as it relates to applications of state law.
Click to expand...
How do different circuits interpret state laws differently? Outside of weird edge cases, there's only one circuit to interpret a state law. Texas laws are only interpreted by the Fifth; New Mexico by the Tenth, etc.

You can occasionally get some weird choice of law stuff, but that's usually adjudicated in state court. Corporate law too, but again, usually state court.
 
Calheel said:
The Fifth Circuit doesn’t apply the Texas anti-SLAPP statute, unlike a reasonable federal circuit.
Click to expand...
OK, but could CBS counter sue in state court? I don't remember my civ pro well enough to know if that would be removable.
 
superrific said:
How do different circuits interpret state laws differently? Outside of weird edge cases, there's only one circuit to interpret a state law. Texas laws are only interpreted by the Fifth; New Mexico by the Tenth, etc.

You can occasionally get some weird choice of law stuff, but that's usually adjudicated in state court. Corporate law too, but again, usually state court.
Click to expand...
I don't think it's unusual at all for a federal court to interpret and/or apply the law of a state outside its circuit. I see that all the time -- Florida federal courts applying Delaware or New York law, NC federal courts applying California law, etc. It may not be that common with SLAAP laws -- I can't remember seeing that off the top of my head. But I don't think it's uncommon for, say courts in the Fifth and Tenth Circuits to interpret Delaware law at least somewhat inconsistently.
 
You must log in or register to reply here.
Back
Top