Cultcow Russell Greer / Mr. Green / @ just_some_dude_named_russell29 / A Safer Nevada PAC - Swift-Obsessed Sex Pest, Convicted of E-Stalking, "Eggshell Skull Plaintiff" Pro Se Litigant, Homeless, aspiring brothel owner

If you were Taylor Swift, whom would you rather date?

  • Russell Greer

    Votes: 117 4.5%
  • Travis Kelce

    Votes: 138 5.3%
  • Null

    Votes: 1,449 55.8%
  • Kanye West

    Votes: 283 10.9%
  • Ariana Grande

    Votes: 608 23.4%

  • Total voters
    2,595
No, the court can without any response dismiss Russhole's entire case. The in forma pauperis statute allows this for patently frivolous lawsuits by people claiming that status. 28 U.S.C. § 1915 governs this process.
Can they deem it frivolous just because he signed a binding arbitration agreement, or do they have smack it down on its own merits(I use the term loosely).
 
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No, the court can without any response dismiss Russhole's entire case. The in forma pauperis statute allows this for patently frivolous lawsuits by people claiming that status. 28 U.S.C. § 1915 governs this process.

Can they deem it frivolous just because he signed a binding arbitration agreement, or do they have smack it down on its own merits(I use the term loosely).
Any thoughts on how and why the suit got this far? The IFP advisory letter indicated the court would screen the complaint to make sure it was a valid claim. Then they let it proceed anyway. I think that's why Russell believes he has at long last stated a claim for which relief can be granted. It gave him an extra boost of confidence that this time he will win.

Is it possible the court was just confused by his word salad of a complaint? I know I had to read through it a few times because the man is all over the place with his accusations, assumptions, leaps in logic, misinterpretation of the law, misapplication of precedent, and "proof" that proves nothing. Or is it possible - arbitration and jurisdiction discussion aside - that there is a kernel of a valid complaint buried in there somewhere?

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Not defending corporate scum, but when you sign an arbitration agreement, you're locked in. That signature doesn't lie, even if you didn't read the terms and conditions.
True, but it doesn't make arbitration any less shitty. @AnOminous mentioned "contract adhesion" -- where contracts that are blatantly one-sided and are even slightly ambiguous tend to be interpreted by courts in whatever way is most beneficial to the side it shafts the hardest -- but knowing that very thing, pretty much every contract that demands binding arbitration makes damned sure to be as unambiguous as possible.

It's occasionally useful (like in this case) but I firmly believe arbitration clauses are abused to a ridiculous extent and people are essentially being forced to sign away what few remaining legal protections and remedies they have against corporate misbehavior just to participate in the trappings of modern society (telephony, internet access, insurance, warranty coverage, access to credit, entertainment, travel, essentially any large purchase over $100 that isn't just a point-of-sale transaction at a store, any contracted service whatsoever, etc.). Companies are literally trying to make themselves immune to litigation no matter how shitty they act or how shitty their products and services are, and they're largely succeeding.

What's a good ballpark figure on the arbitration fees? Is it possible he could afford to pay them if he wanted to?
Typically, each party pays their own attorney fees (if applicable) and the arbitrator charges their own fee (usually similar to an attorney's hourly rate -- think $350 an hour or more for a minimum of 4 hours) that both parties split evenly and pay in advance. So even if you're representing yourself (or have pro bono representation) and you reach an amicable settlement during mediation before it goes before arbitration, you're easily spending $700 or more just to get your foot in the door.

Incidentally, this is another reason companies love binding arbitration. Ultimately the cost of litigation is higher than using arbitration, but the initial cost of pro se litigation is much lower than the cost of starting arbitration. To individuals --especially those most likely to need legal remedies and conveniently can least afford to pursue it -- scraping up $700 just to begin a process that's rigged against them and offers none of the protections a court does is daunting at best and impractical at worst.

The IFP advisory letter indicated the court would screen the complaint to make sure it was a valid claim.
Courts are routinely overworked and understaffed. I can't imagine anybody (especially not a judge) gave this more than a quick glance before rubber-stamping it.

They're mostly just looking for obvious bullshit that sticks out like a sore thumb, e.g. claims for a billion dollars against an individual for breaking a garden gnome, sovereign citizen trappings (weird capitalization, plaintiff described as "the natural [wo]man JOHN DOE" in the caption, court described as a corporation or a subsidiary of the corporation of the United States, etc.), fatal procedural errors like missing signatures, incomplete or missing forms, obvious lack of jurisdiction (like trying to sue Antarctica), claims against non-existent or "impossible" entities like God or Santa Claus (the mythical dude at the north pole, not the guy in the Santa costume at the mall), etc.

The insanity of Russ' complaint only becomes obvious if you read a few pages of it. It's superficially well-groomed enough to masquerade as a competent filing. As long as you don't pay attention to the page numbers.
 
Can they deem it frivolous just because he signed a binding arbitration agreement, or do they have smack it down on its own merits(I use the term loosely).
A court can do a lot sua sponte, but in reality, nearly never does. But under the IFP statute, they can sua sponte dismiss this kind of frivolous case for these reasons:

(B)the action or appeal—
(i)is frivolous or malicious;
(ii)fails to state a claim on which relief may be granted; or
(iii)seeks monetary relief against a defendant who is immune from such relief.

At least the first two apply to any of Russhole's lolsuits.
 
Can they deem it frivolous just because he signed a binding arbitration agreement, or do they have smack it down on its own merits(I use the term loosely).
The court would only be able to use facts that are in evidence (i.e. pleaded by Russell) in deciding to dismiss the case. It would not be able to assume any of the terms of Russell's contract if he didn't file a copy of it along with his complaint.

There's plenty of reason that the case should be dismissed anyway, as @AnOminous said.
 
obvious lack of jurisdiction (like trying to sue Antarctica), claims against non-existent or "impossible" entities like God or Santa Claus (the mythical dude at the north pole, not the guy in the Santa costume at the mall), etc.
People have sued God and won (some have lost too (problems with serving God with the summons was the issue) (A senator filed a lawsuit in 2007 which sought an Injuction against God and his activities which caused earthquakes and God's "terroristic threats" against him and his people). People have sued places like Syria too, and won.
Any thoughts on how and why the suit got this far? The IFP advisory letter indicated the court would screen the complaint to make sure it was a valid claim. Then they let it proceed anyway. I think that's why Russell believes he has at long last stated a claim for which relief can be granted. It gave him an extra boost of confidence that this time he will win.

Is it possible the court was just confused by his word salad of a complaint? I know I had to read through it a few times because the man is all over the place with his accusations, assumptions, leaps in logic, misinterpretation of the law, misapplication of precedent, and "proof" that proves nothing. Or is it possible - arbitration and jurisdiction discussion aside - that there is a kernel of a valid complaint buried in there somewhere?

Because they looked briefly over it, saw a plausable defendant, saw words "disabled" ADA, and saw allegation of discrimination, and figured that's probably enough to seem like he plausibly stated a claim.
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However, like the court pointed out, that doesn't mean he has actually stated a claim
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They still can dismiss it for failure to state a claim, either on their own, or by a motion from Fremantle
 
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They still can dismiss it for failure to state a claim, either on their own, or by a motion from Fremantle
I'd like to see some epic snark from an entertainment lawyer or two, but seriously, they can probably copy and paste something they already wrote years ago and have repeatedly used since then for whatever "get the fuck out of my face" motion to compel arbitration or 12(b)(6) that will get rid of Russhole immediately.

All they'd have to do is replace the party names with Russhole and whatever. Maybe Shepardize their cases and add one or two to any string-cite they use. (A string-cite is where you just cite a bunch of cases all in one cite or one footnote not because this makes your argument any stronger but you're just sort of dunking on the other side with "how are you this fucking stupid every single case says otherwise").
 
I wonder if someone is going to have to explain to him what arbitration is. He probably doesn't understand he can't appeal a ruling dismissing his suit and sending it to arbitration (can he?), and that his usual MO of whining about his plights won't be tolerated.
 
I wonder if someone is going to have to explain to him what arbitration is. He probably doesn't understand he can't appeal a ruling dismissing his suit and sending it to arbitration (can he?), and that his usual MO of whining about his plights won't be tolerated.
He can go to court over the final judgment and argue that arbitration provision was "unconscionable" (i.e. invalid and unenforceable) Nagrampa v. Mailcoups, Inc., 469 F.3d 1257 (9th Cir. 2006). If he wanted to argue his entire contract was at fault, then he must raise that issue before the arbitrator in the first instance. Buckeye Check Cashing v. Cardegna, 546 U.S. 440, 126 S. Ct. 1204 (2006). "The [Federal Arbitration Act] gives federal courts only limited authority to review arbitration decisions, because broad judicial review would diminish the benefits of arbitration.” "After a final arbitration award, the parties may petition the district court to affirm the award, or to vacate, modify, or correct it". Mary Ann Sussex v. Usdc-Nvl, 14-70158 (9th Cir. 2015). There can also be judicial review on whatever the "determination was made in accordance with a minimum standard of fair dealing". Aerojet-General Corp. v. Am. Arbitration Ass'n, 478 F.2d 248 (9th Cir. 1973). "Section 10(a) of the [Federal Arbitration Act] lists four narrow grounds for vacating an arbitral award", Mary Ann Sussex v. Usdc-Nvl, 14-70158 (9th Cir. 2015), 9 U.S. Code § 10
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For clarification if "the award was rendered in "manifest disregard of the law", it is one of the grounds for vacating an arbitral award as well Aerojet-General Corp. v. Am. Arbitration Ass'n, 478 F.2d 248 (9th Cir. 1973)
 
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People have sued God and won (some have lost too (problems with serving God with the summons was the issue) (A senator filed a lawsuit in 2007 which sought an Injuction against God and his activities which caused earthquakes and God's "terroristic threats" against him and his people). People have sued places like Syria too, and won.
lol ... and people claim the courts don't have a sense of humor.
 
This might be a derail, but I've got to know. Is "suck me my penis" something he actually said or is that just a fictive quote that became memetic? It's been bugging me a long time. I thought it was just something that Sriracha spouted in Rekeita's streams but I keep seeing it here.
Its a literal quote from the book.
 
This might be a derail, but I've got to know. Is "suck me my penis" something he actually said or is that just a fictive quote that became memetic? It's been bugging me a long time. I thought it was just something that Sriracha spouted in Rekeita's streams but I keep seeing it here.
WARNING: Beyond disturbing.

Twenty minutes? Sure thing.

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Enjoy...:tomgirl:
 
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