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Tags !MOD BOX WARNING! , donald trump , lawsuits , Michael Cohen , Stephanie Clifford , Stormy Daniels , Trump controversies

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Old 19th October 2018, 02:46 PM   #2201
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Originally Posted by PhantomWolf View Post
I'll link to the video, but just listening to a lawyer speak on this, the basic position is...

- Daniels can be seen as a political adversary
- Politicians should be able to use "rhetorical hyperbole" on adversaries (i.e. call each other lairs) without the threat of being sued for it.
- Daniel's suit was a threat to the free political discourse (for politicians to call each other names and liars)
- Thus the case was dismissed because it had the potential to harm free political discourse.

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I AGREE


So the upshot is that under the 1st amendment, politicians and their adversaries should be allowed to throw as much mud and spread whatever lies about each other as they like without the fear of being sued for it.

"- Daniels can be seen as a political adversary". Their chain of logic is absurd. It all rests on this condition and the truth of it has not been determined.
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Old 6th November 2018, 09:48 AM   #2202
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Avenatti asks to amend Stormy's lawsuit to drop the defamation claim.

This was done to evade Cohen's SLAPP motion which is similar to the motion Trump filed and which the same judge granted. In granting the motion, the Judge ordered Trump to file a fee petition which Stormy will be liable to pay.

They are trying to avoid the same result here. There is no way Avenatti told Stormy that she was going to end up owing these guys money. What a schlub.

Here are the motion papers.

https://www.documentcloud.org/docume...n-related.html
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Old 4th December 2018, 09:39 AM   #2203
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President Trump Seeks Nearly $800K From Stormy Daniels -- $390,000 in Legal Fees - And Equal Amount as Deterrent Against Future Frivolous Lawsuits!

No way he will get that all, but that should mean #basta to Stormy and her grifter lawyer.
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Old 4th December 2018, 11:59 AM   #2204
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Originally Posted by The Big Dog View Post
President Trump Seeks Nearly $800K From Stormy Daniels -- $390,000 in Legal Fees - And Equal Amount as Deterrent Against Future Frivolous Lawsuits!
No way he will get that all, but that should mean #basta to Stormy and her grifter lawyer.
He will not get anywhere close to it.

When courts award legal fees they generally do so based on a tariff schedule, plus allowable disbursements. The lawyers for both sides send their proposals to the other side and if they cannot come to an agreement, ask the court to fix costs.

The tariff schedules fix the number of hours that a lawyer can bill for each step of the process, and set caps on the hourly rate that can be billed. There are also restrictions on what you can claim are allowable disbursements - usually filing fees, fees for process servers, photocopying, binding of documents, etc.

Punitive damages (the highlighted portion) are NOT part of a costs award.
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Old 4th December 2018, 12:12 PM   #2205
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Originally Posted by Border Reiver View Post
He will not get anywhere close to it.

When courts award legal fees they generally do so based on a tariff schedule, plus allowable disbursements. The lawyers for both sides send their proposals to the other side and if they cannot come to an agreement, ask the court to fix costs.

The tariff schedules fix the number of hours that a lawyer can bill for each step of the process, and set caps on the hourly rate that can be billed. There are also restrictions on what you can claim are allowable disbursements - usually filing fees, fees for process servers, photocopying, binding of documents, etc.

Punitive damages (the highlighted portion) are NOT part of a costs award.
I have no idea where you are getting your idea that there is "tariff" schedule as respects the award of attorney fees. Further, under the Texas version of the Anti-Slapp suit, the Judge must sanction the plaintiff to deter similar suit. Stormy is Texas resident.

See here: https://www.rcfp.org/slapp-stick-fig...rnalists/texas

Not saying he will get all that , but your analysis is not consistent with the law.
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Old 5th December 2018, 06:47 AM   #2206
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Originally Posted by The Big Dog View Post
I have no idea where you are getting your idea that there is "tariff" schedule as respects the award of attorney fees. Further, under the Texas version of the Anti-Slapp suit, the Judge must sanction the plaintiff to deter similar suit. Stormy is Texas resident.

See here: https://www.rcfp.org/slapp-stick-fig...rnalists/texas

Not saying he will get all that , but your analysis is not consistent with the law.
She may be a Texas resident, but the action was filed in California, meaning that California law is what is applicable.

The relevant section of the California law reads:

Quote:
2) A defendant who prevails on a special motion to strike in an action subject to paragraph (1) shall not be entitled to attorney's fees and costs if that cause of action is brought pursuant to Section 6259 , 11130 , 11130.3 , 54960 , or 54960.1 of the Government Code .  Nothing in this paragraph shall be construed to prevent a prevailing defendant from recovering attorney's fees and costs pursuant to subdivision (d) of Section 6259 , or Section 11130.5 or 54960.5, of the Government Code .
And just to be complete:

s.6259(d): d) The court shall award court costs and reasonable attorney fees to the plaintiff should the plaintiff prevail in litigation filed pursuant to this section. The costs and fees shall be paid by the public agency of which the public official is a member or employee and shall not become a personal liability of the public official. If the court finds that the plaintiff’s case is clearly frivolous, it shall award court costs and reasonable attorney fees to the public agency.

s.11130.5: A court may award court costs and reasonable attorney’s fees to the plaintiff in an action brought pursuant to Section 11130 or 11130.3 where it is found that a state body has violated the provisions of this article. The costs and fees shall be paid by the state body and shall not become a personal liability of any public officer or employee thereof.

A court may award court costs and reasonable attorney’s fees to a defendant in any action brought pursuant to Section 11130 or 11130.3 where the defendant has prevailed in a final determination of the action and the court finds that the action was clearly frivolous and totally lacking in merit.

s.54960.5: A court may award court costs and reasonable attorney fees to the plaintiff in an action brought pursuant to Section 54960, 54960.1, or 54960.2 where it is found that a legislative body of the local agency has violated this chapter. Additionally, when an action brought pursuant to Section 54960.2 is dismissed with prejudice because a legislative body has provided an unconditional commitment pursuant to paragraph (1) of subdivision (c) of that section at any time after the 30-day period for making such a commitment has expired, the court shall award court costs and reasonable attorney fees to the plaintiff if the filing of that action caused the legislative body to issue the unconditional commitment. The costs and fees shall be paid by the local agency and shall not become a personal liability of any public officer or employee of the local agency.

A court may award court costs and reasonable attorney fees to a defendant in any action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed in a final determination of such action and the court finds that the action was clearly frivolous and totally lacking in merit.


Note that all of the sections state "court costs" and "reasonable attorney fees" are what is awarded. Court costs refer to filing fees and tend to be rather modest when compared to attorney fees. Reasonable attorney fees do NOT include punitive awards. Here in Canada, the various provincial courts and the Federal court have tariff schedules in their published Rules of Court that outline what the Court considers reasonable - both in Number of Hours for various procedures and upper limits on fees that can be claimed - the idea is not to make the use of the courts so financially prohibitive that only the very wealthy can pursue actions for the protection of their rights.
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Old 5th December 2018, 03:38 PM   #2207
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Originally Posted by Border Reiver View Post
She may be a Texas resident, but the action was filed in California, meaning that California law is what is applicable.
The action was filed in New York and transferred to California. The Judge used New York choice of law principles and applied Texas law.

https://www.documentcloud.org/docume...PP-Motion.html
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Old 6th December 2018, 08:24 AM   #2208
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Originally Posted by The Big Dog View Post
The action was filed in New York and transferred to California. The Judge used New York choice of law principles and applied Texas law.

https://www.documentcloud.org/docume...PP-Motion.html
First, allow me to opine that the ruling is odd to me as a Canadian - a court ruling stating that a person is a citizen of a state which is a component of a nation state is ludicrous on its face as it does not follow how citizenship is recognized by well, anywhere else. It's like you want to maintain the fiction that your states are independent of a central government.

Second, the Texas law would appear to have the effect of rendering the use of courts where an elected official is alleged to have defamed a citizen to be problematic. Reasonable costs and disbursements isn't an issue - its the concept that unsuccessful parties must be penalized so as to "deter the party who brought the legal action from bringing similar actions ." The issue as I see it is not that frivolous or vexatious actions should not be deterred, but that cases that are simply not as strong (quite honestly, this one could have gone either way - calling someone a liar without proof can be considered defamatory, especially when one party exercises a privileged platform) are subject to penalties as well.

Frankly that has a chilling effect on the protection of one's rights - lack of success does not equate to frivolous or vexatious and should not result in excessive penalties (costs awards are a reasonable way to penalize an unsuccessful party). What it amounts to is a "win, or else" view and would reasonably be expected to deter practically anyone from bringing an action against public officials.
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Old 11th December 2018, 02:11 PM   #2209
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JUST IN: Federal judge orders Stormy Daniels to pay President Donald Trump $292,052.33 in attorney fees in her defamation case against the president, which the judge tossed out, plus $1000 in sanctions.

Statement from Trump's lawyer, Charles Harder: "The court’s order, along with the court’s prior order dismissing Stormy Daniels’ defamation case against the President, together constitute a total victory for the President, and a total defeat for Stormy Daniels in this case."

Basta!
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Old 11th December 2018, 02:19 PM   #2210
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here is a copy of the order

https://www.documentcloud.org/docume...otion-for.html

Seems to me like that stormy gal needs a better lawyer....
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Old 11th December 2018, 03:57 PM   #2211
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Originally Posted by The Big Dog View Post
Statement from Trump's lawyer, Charles Harder: "The court’s order, along with the court’s prior order dismissing Stormy Daniels’ defamation case against the President, together constitute a total victory for the President, and a total defeat for Stormy Daniels in this case."

And yet, the payment from Cohen to Daniels has already formed the basis of Cohen's conviction for campaign finance violations, and the basis for Cohen's assertion that he made the payments at the direction of candidate Trump.

What's the price of impeaching and then indicting a sitting President? Is it more than $292,000? Because I'll chip in twenty bucks for that.
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Old 11th December 2018, 04:05 PM   #2212
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Originally Posted by Loss Leader View Post
And yet, the payment from Cohen to Daniels has already formed the basis of Cohen's conviction for campaign finance violations, and the basis for Cohen's assertion that he made the payments at the direction of candidate Trump.

What's the price of impeaching and then indicting a sitting President? Is it more than $292,000? Because I'll chip in twenty bucks for that.
If this is what Trump calls winning, I'd like more of it, please.
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Old 11th December 2018, 04:17 PM   #2213
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oof, this is really bad... Avenatti claims that Trump will have to pay Stormy for attorney fees she has not paid and will never pay, and therefore she will come out ahead on the $293k she has to pay Trump!

That is absolutely not how that works Mike, what an incompetent buffoon...

https://twitter.com/Popehat/status/1072612378712391686
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