Friday, January 20, 2023

UNCIVIL LAW

What we know about civil law, to paraphrase our departed property law professor when he talked about criminal law- "what we know about civil law you could stick in the eye of a flea and it would not blink."

But we know this- when an order on sanctions in a civil case that has been dismissed starts out like Judge Middlebrooks' order does- trouble is afoot. 

"This case should never have been brought. (ouch). Its inadequacy as a legal claim was evident from the start. No reasonable lawyer would have filed it. (double ouch!). Intended for a political purpose, none of the counts of the amended complaint stated a cognizable legal claim." 

After tagging the lawyers and the plaintiff for almost one million dollars in sanctions, Judge Middlebrooks noted that the plaintiff engaged in behavior in other cases including 

1. Provocative and boastful rhetoric. (In fairness, so do we...)
2. A political narrative carried over from rallies. 
3. Attacks on political opponents and the news media. 
4. Disregard for legal principles and precedent.
5. Fundraising and payments to lawyers from political action committees. 

And... "When a ruling is adverse, accusations of bias on the part of the judge-often while the litigation is ongoing."

We don't know how you feel about this, but in our not so humble opinion, Judge Middlebrooks has jumped to the head of the line for one of those FACDL great judge awards they hand out every year. 

Here is the order: 




gov.uscourts.flsd.610157.302.0 by Anonymous PbHV4H on Scribd

5 comments:

  1. RUMP, did you know that DOM represented HRC? And Jerry Greenberg represented the DNC.

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  2. Combining harassing and unmerited litigation with rampant political activism = douchebaggery of the worst kind

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  3. Extremely well written and well thought out order.

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  4. And a shout out to David O. Marcus for his participation in securing this result. Well-done.

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