- Joined
- Dec 28, 2014
J. Sean Lemoine filed Post-Hearing Brief in Support of Sanctions and Attorneys’ Fees:
He complains about the difficulty of suborning a bunch of perjury and utterly irrelevant affidavits full of scurrilous allegations with nothing to do with the existence of a prima facie case. Once the plaintiff has made a prima facie case, there is no rebutting it. It isn't a swearing contest. The plaintiff's evidence is presumed valid. All defendants had to do was show there wasn't a prima facie case, and Chupp agreed with that. After that, affidavits were irrelevant, and would have been irrelevant had Chupp found a prima facie case.
The fact Lemonhead engaged in overlitigation doesn't entitle him to a windfall.
He'll probably get it though.
At least from Chupp.