Russell also engages in some fedora tipping, Reddit is that way sir
I don't think he was genuinely religious if he says that. That is the most surface level critique that shows lack of familiarity with the religion itself. Perhaps the sole religion this would not apply is Buddhism
Bitch boy Russ doesn't have PACER like a real lawyer so his citation is idunno
Friendly reminder that PACER is literally free, and they are willing to waive fees for quarters under $30, and for case participants (the former is automatic, the second one is discretionary, IIRC)
Russ accidently cites caselaw why the article he's citing shouldn't be allowed on the record:
His citation is good (kinda), his words are not. That case covers both what kinds of articles can be judicially noted, and which ones cannot. THAT said, it is bad from the perspective that those cases are not normal civil cases, but strictly shareholder litigation, and does not appear to speak broadly.
Documents filed with the courts are not subject to Libel/Defamation laws, etc. That's because the Judge can at his discretion fix the problem through sanctions.
There are exceptions. Utah, for example, has some juicy ones. "The Utah Supreme Court has observed that the judicial proceedings and litigation privilege is not without limits. Specifically, the privilege does not apply where: An attorney has engaged in independent acts, that is to say acts outside the scope of his representation of his client's interests, or has acted solely for his own interests and not his client's . . . or has committed fraud or otherwise acted in bad faith, which is inherently 'acting in a manner foreign to his duties as an attorney. In other words, if the attorney was acting outside the scope of the representation or in bad faith, the privilege does not apply.
These exceptions apply to all participants in the judicial process, not just to attorneys." See
Ruesch v. Purple Shovel, LLC, Case No. 4:18-cv-00028-DN (D. Utah Mar. 30, 2021). Also, for that privilege to apply, it must "have some reference to the subject matter of the proceeding"
Peterson v. XPO Logistics, Inc., No. 17-4189 (10th Cir. May. 4, 2020), but the word "reference" is interchangeable with the words "related", "relevant", and "pertinent". In particular, "The requirement is that a statement have some relationship to the cause or subject matter involved."
DeBry v. Godbe, 992 P.2d 979, 1999 UT 111 (Utah 1999). Things, like, for example, FABRICATED EMAILS, are not covered by this privilege. See,
Peterson v. XPO Logistics, Inc., No. 17-4189 (10th Cir. May. 4, 2020) (also stating that the exceptions apply to all participants in the litigation, even if they are not attorneys).
