- Joined
- May 4, 2020
Quick reminder that the district court and the appellate court had to rewrite the entirety of Texas contract law just so they could dismiss Vic's lawsuit.Cries in Mignogna
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Quick reminder that the district court and the appellate court had to rewrite the entirety of Texas contract law just so they could dismiss Vic's lawsuit.Cries in Mignogna
Matt Kezhaya and the Satanic Temple
Matt Kezhaya has represented the Satanic Temple and served or serves as general counsel for the organization.
IME you put it in as almost-boilerplate so that if cause arises later you don't have to amend your prayer. I've never seen anyone get excited about it one way or the other.You see a lot of people just put it in their generic prayer for relief under the theory of "If you don't ask, you don't get".
A prayer for relief has to be more than just insane (e.g. demanding a billion gazillion dollars) before it's penalized, sort of like you're generally not penalized for listing every imaginable affirmative defense in your answer even if they're not remotely applicable.IME you put it in as almost-boilerplate so that if cause arises later you don't have to amend your prayer. I've never seen anyone get excited about it one way or the other.
I thought all lawyers represent that particular client. It's in their hypocritic oath after they pass the bar.Matt Kezhaya and the Satanic Temple
Matt Kezhaya has represented the Satanic Temple and served or serves as general counsel for the organization.
Nobody reads the prayer for relief except federal clerks writing a bench memo about diversity jurisdiction.A prayer for relief has to be more than just insane (e.g. demanding a billion gazillion dollars) before it's penalized, sort of like you're generally not penalized for listing every imaginable affirmative defense in your answer even if they're not remotely applicable.
Gotta say OVER $75,000. There are literally cases where someone pled exactly $75,000, because they didn't get that whole EXCEEDING thing in § 1332, and their case got thrown out. PROTIP: plead $75,000.01.Nobody reads the prayer for relief except federal clerks writing a bench memo about diversity jurisdiction.
"We the jury award the plaintiff one penny."Gotta say OVER $75,000. There are literally cases where someone pled exactly $75,000, because they didn't get that whole EXCEEDING thing in § 1332, and their case got thrown out. PROTIP: plead $75,000.01.
That's being rather generous to Monty."We the jury award the plaintiff one penny."
Depending on how retardedly Nick's defense goes, it may be generous to Nick.That's being rather generous to Monty.
Out doubt randazza will admit to a tort in the response, but this is a lolsuit. Anything is possible.Depending on how retardedly Nick's defense goes, it may be generous to Nick.
"And, your honor, get this! If you use the code NOSE, you get 30% off. Now that's a deal!"I want to see the balldo on the exhibit list
If Montagraph's melon defloration, Umbrella Man videos, and his..... photography get brought in as exhibits, Monty might do that in retaliation (add the bottle picture, too).I want to see the balldo on the exhibit list
It would be a huge waste of time for both sides to go through the motions of an MtD followed by a nearly inevitable grant of leave to amend. Personally I think they should have not agreed to it and just gone ahead and filed the MtD and opposed the leave to amend, and filed for sanctions on top of that, just on principle but hey, maybe Nick isn't finding that even the dumbest of his Nickers want to fund his luxury lolsuit defense, and Randazza is costly counsel.Fantastic. Instead of a quick motion to dismiss based on the obvious problems in the complaint we now get the full show as the lawyers confer and agree to maximum lolsuit silliness.
I’m looking forward to the revised complaint and Randazza’s response.
It is shocking how retarded the parties are in this suite.It would be a huge waste of time for both sides to go through the motions of an MtD followed by a nearly inevitable grant of leave to amend. Personally I think they should have not agreed to it and just gone ahead and filed the MtD and opposed the leave to amend, and filed for sanctions on top of that, just on principle but hey, maybe Nick isn't finding that even the dumbest of his Nickers want to fund his luxury lolsuit defense, and Randazza is costly counsel.
In any event, this is the same result that was most likely at much less cost. And remember, Minnesota doesn't have a SLAPP statute. Ironically, SLAPP is intended to reduce litigation but we see what happened in the Vic case. It actually encouraged not just litigating but massively over-litigating a rather simple case.