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Posted
  On 8/5/2022 at 10:02 PM, Brisketexan said:

Yep.  Nice symbolic bitchslap, but it won't ever be paid out, and won't be a major contributor to bankrupting him or the company.

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This has to scare the living shit out of him with respect to the Connecticut lawsuit. If I’m Jones (but somehow not a moron, so this is purely hypothetical), I look at this as a very expensive mock trial for Connecticut. And I am now thinking long and hard about settling that one.

Posted
  On 8/5/2022 at 10:12 PM, BrickHorn said:

This has to scare the living shit out of him with respect to the Connecticut lawsuit. If I’m Jones (but somehow not a moron, so this is purely hypothetical), I look at this as a very expensive mock trial for Connecticut. And I am now thinking long and hard about settling that one.

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And if I'm the CT plaintiffs and counsel, I'm thinking not long at all about telling him to fuck off with any and all offers of settlement.  

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Posted
  On 8/5/2022 at 10:09 PM, BrickHorn said:

I’m kind of surprised, given only 10 signed the actual damages award. But this reflects that Bankston & Co. did a hell of a job showing Alex is an asshole. The jury wanted to punish him. They just didn’t think the plaintiffs actually suffered $150M in damages. At least that’s my theory.

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It's possible that the 2 holdouts wanted to award more in actuals. 

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Posted
  On 8/5/2022 at 10:29 PM, CTC2 said:

I would never file a case in Austin if I had a more viable venue. 

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That’s really my question how does CT fly for one family but domicile for AJ was this one?  

Posted
  On 8/5/2022 at 10:31 PM, BrickHorn said:

The appellate nerds should weigh in, but it sounds like there are decent arguments that the cap is unconstitutional as it applies to jury trials.

 

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Counterpoint: the question will eventually be decided by the Supreme Court of Texas, so you can take your "law" and "Constitution" bullshit out back and put them in the dumpster.  The outcome will be exactly what you think it will be.

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Posted

Roger Stone shilling for Alex Jones the day of his judgement says a lot about the jeopardy Stone is in with Jones’ phone being turned over to the J6 panel.  He needs Jones to get that blocked.

How fucking cool would it be if Alex Jones’ Sandy Hook fuckery winds up taking down both him and Roger Stone?

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Posted
  On 8/5/2022 at 10:55 PM, Goredho said:

Roger Stone shilling for Alex Jones the day of his judgement says a lot about the jeopardy Stone is in with Jones’ phone being turned over to the J6 panel.  He needs Jones to get that blocked.

How fucking cool would it be if Alex Jones’ Sandy Hook fuckery winds up taking down both him and Roger Stone?

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Oh my sweet summer child.......

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Posted
  On 8/5/2022 at 2:21 PM, BrickHorn said:

Appellate lawyers are a different breed, man. Some of us became lawyers because we argue all the time anyway, or because we are good at writing, or because we like money and aren’t qualified to do anything else. But appellate lawyers actually enjoy law. As in: they geek out over cases and opinions and statutes and shit. They like reading about law. They like thinking about it. They like talking about it, even in social settings.

Makes me fucking sick. 

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Nah.  There are a couple reasons why I like handling appeals.  First, they tend to involve a much better class of judges.  Second, if I win, I'm a hero.  But if I lose, I can just point to the trial attorney and tell the client that he/she fucked the case up so bad that it wasn't salvageable.     

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Posted
  On 8/5/2022 at 10:58 PM, Carl Spackler said:

Nah.  There are a couple reasons why I like handling appeals.  First, they tend to involve a much better class of judges.  Second, if I win, I'm a hero.  But if I lose, I can just point to the trial attorney and tell the client that he/she fucked the case up so bad that it wasn't salvageable.     

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Avatar is appropriate.

Posted
  On 8/5/2022 at 10:27 PM, troph said:

Why would anyone pursue the case in texas if Connecticut is an option? 

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Because the punitive cap in CT is arguably worse than Texas.

https://www.cga.ct.gov/PS94/rpt/olr/htm/94-R-0133.htm

Where punitive damages are awarded under the common law, or the applicable statute is silent as to their amount, the general rule is that they are limited to plaintiff's attorneys fees and nontaxable costs (see Bodner v. United Servs. Auto. Ass'n, 222 Conn. 480, 492 (1992)).

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Posted

How the fuck has one of the parents or hell just someone in general not put a bullet in this guy’s head ?? For the first time in my life I wished cancer on someone today at work talking about him.  

Posted
  On 8/5/2022 at 10:24 PM, Horndog said:

It's possible that the 2 holdouts wanted to award more in actuals. 

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That's what I think. I'm guessing there were at least 3 that thought damages were pretty small and negotiated with the others to get to the $4.1 million. I also think part of that negotiation was based on the idea that they would have the opportunity to really hit him with punitives,  but not knowing anything about the cap (because we can't tell juries these things). 

  On 8/5/2022 at 10:31 PM, BrickHorn said:

The appellate nerds should weigh in, but it sounds like there are decent arguments that the cap is unconstitutional as it applies to jury trials.

 

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There is less than a 0.0% chance that this Texas Supreme Court, which has enforced that cap itself against a variety of challenges, goes along with this argument. And frankly, I think the argument is a bit of a stretch, notwithstanding Missouri's ruling under similar circumstances.  I'm just not convinced the right to trial by jury is damaged by a state legislature setting caps on punitive damage (actual damages would be a different story), especially since the case law is clear that punitives damages exist to serve the interests of the State as opposed to the interests of the injured individual. It seems to me that the State gets to decide the balance between its interest in deterrence/punishment and its interest in other factors like economic activity. Don't get me wrong, I think Texas' cap sucks. I'm just not convinced that it violates the Texas constitution (or the US constitution). 

  On 8/5/2022 at 10:34 PM, Brisketexan said:

Counterpoint: the question will eventually be decided by the Supreme Court of Texas, so you can take your "law" and "Constitution" bullshit out back and put them in the dumpster.  The outcome will be exactly what you think it will be.

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Also correct.

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Posted
  On 8/5/2022 at 11:22 PM, Dahobbs said:

That's what I think. I'm guessing there were at least 3 that thought damages were pretty small and negotiated with the others to get to the $4.1 million. I also think part of that negotiation was based on the idea that they would have the opportunity to really hit him with punitives,  but not knowing anything about the cap (because we can't tell juries these things). 

There is less than a 0.0% chance that this Texas Supreme Court, which has enforced that cap itself against a variety of challenges, goes along with this argument. And frankly, I think the argument is a bit of a stretch, notwithstanding Missouri's ruling under similar circumstances.  I'm just not convinced the right to trial by jury is damaged by a state legislature setting caps on punitive damage (actual damages would be a different story), especially since the case law is clear that punitives damages exist to serve the interests of the State as opposed to the interests of the injured individual. It seems to me that the State gets to decide the balance between its interest in deterrence/punishment and its interest in other factors like economic activity. Don't get me wrong, I think Texas' cap sucks. I'm just not convinced that it violates the Texas constitution (or the US constitution). 

Also correct.

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Yuuup,  it's fucking sickening though.

What a gigantic yoink.

Posted (edited)
  On 8/5/2022 at 11:19 PM, TwiceHorn said:

Because the punitive cap in CT is arguably worse than Texas.

https://www.cga.ct.gov/PS94/rpt/olr/htm/94-R-0133.htm

Where punitive damages are awarded under the common law, or the applicable statute is silent as to their amount, the general rule is that they are limited to plaintiff's attorneys fees and nontaxable costs (see Bodner v. United Servs. Auto. Ass'n, 222 Conn. 480, 492 (1992)).

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Yikes. I did not realize that. 

Well… lesson learned for the CT lawyers: prove up specific, quantifiable actual damages. Use the “Alex is a reckless asshole” stuff as a confidence booster for the jury, so they have no qualms about awarding the highest amount of actuals they can justify.

Edited by BrickHorn
Posted
  On 8/5/2022 at 11:19 PM, TwiceHorn said:

Because the punitive cap in CT is arguably worse than Texas.

https://www.cga.ct.gov/PS94/rpt/olr/htm/94-R-0133.htm

Where punitive damages are awarded under the common law, or the applicable statute is silent as to their amount, the general rule is that they are limited to plaintiff's attorneys fees and nontaxable costs (see Bodner v. United Servs. Auto. Ass'n, 222 Conn. 480, 492 (1992)).

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Okay, but what about these exceptions given Alex’s litigation misconduct that was severe enough to warrant default judgment on liability?

§ 52-245 False statement concerning a defense. Double costs, if judgment in favor of plaintiff and court is of the opinion that defendant filed an affidavit or made a statement without just cause or for purpose of delay. (Discretionary with the court.)

§ 52-568 Groundless or vexatious suit or defense in any civil action. Double damages if suit or defense without probable cause. Treble damages if suit or defense without probable cause and with malicious intent unjustly to vex and trouble. (Mandatory.)

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Posted
  On 8/5/2022 at 11:40 PM, BrickHorn said:

Okay, but what about these exceptions given Alex’s litigation misconduct that was severe enough to warrant default judgment on liability?

§ 52-245 False statement concerning a defense. Double costs, if judgment in favor of plaintiff and court is of the opinion that defendant filed an affidavit or made a statement without just cause or for purpose of delay. (Discretionary with the court.)

§ 52-568 Groundless or vexatious suit or defense in any civil action. Double damages if suit or defense without probable cause. Treble damages if suit or defense without probable cause and with malicious intent unjustly to vex and trouble. (Mandatory.)

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That certainly could help.  But it's still just treble damages.

Posted
  On 8/5/2022 at 11:43 PM, The Dog said:

Good chance he doesn’t have the liquidity to pay these settlements even with the caps.

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He just needs to take lessons at the DJT school of grift and get his legion of maroons to pay for it.

Posted
  On 8/5/2022 at 11:43 PM, The Dog said:

Good chance he doesn’t have the liquidity to pay these settlements even with the caps.

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Oh, but, see, he's in bankruptcy.  And the bankruptcy court can force that liquidity.

My bold prediction: This judgment will be collected in full by the end of the year.

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Posted
  On 8/5/2022 at 11:22 PM, Dahobbs said:

That's what I think. I'm guessing there were at least 3 that thought damages were pretty small and negotiated with the others to get to the $4.1 million. I also think part of that negotiation was based on the idea that they would have the opportunity to really hit him with punitives,  but not knowing anything about the cap (because we can't tell juries these things). 

There is less than a 0.0% chance that this Texas Supreme Court, which has enforced that cap itself against a variety of challenges, goes along with this argument. And frankly, I think the argument is a bit of a stretch, notwithstanding Missouri's ruling under similar circumstances.  I'm just not convinced the right to trial by jury is damaged by a state legislature setting caps on punitive damage (actual damages would be a different story), especially since the case law is clear that punitives damages exist to serve the interests of the State as opposed to the interests of the injured individual. It seems to me that the State gets to decide the balance between its interest in deterrence/punishment and its interest in other factors like economic activity. Don't get me wrong, I think Texas' cap sucks. I'm just not convinced that it violates the Texas constitution (or the US constitution). 

Also correct.

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Wasn’t part of the vote on tort reform a constitutional amendment specifically to allow the caps? 

Posted
  On 8/5/2022 at 11:43 PM, The Dog said:

Good chance he doesn’t have the liquidity to pay these settlements even with the caps.

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He pulled $61M from his company in 2021 and fed $4M+ to a shell company (which as far as I know is a complete no-no)?

Posted (edited)
  On 8/5/2022 at 11:27 PM, BrickHorn said:

Yikes. I did not realize that. 

Well… lesson learned for the CT lawyers: prove up specific, quantifiable actual damages. Use the “Alex is a reckless asshole” stuff as a confidence booster for the jury, so they have no qualms about awarding the highest amount of actuals they can justify.

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From the layperson here, that aligns with my thought which was essentially--tell me each financial event so that I can consider each event (i.e. each household move or threat has a physical cost and it has a time spent, gains unrealized, and emotional stresser cost) and my inclination as a juror is to begin with a pretty high number and see where that leads during deliberations.

Edit to add: however, I don't know if I am allowed to ask for that information if the plaintiffs don't provide it, correct?

Edited by Mrs Whiggins
Posted (edited)
  On 8/6/2022 at 1:09 AM, Pig Bellmont said:

It’s frowned upon when you’ve filed for bankruptcy bc it looks like a fraudulent transfer. 

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I'm sure it looks bad, but undoubtedly someone who lies for a living wouldn't be doing anything fraudulent....

giphy.gif

Edited by Mrs Whiggins
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Posted
  On 8/6/2022 at 1:09 AM, Pig Bellmont said:

It’s frowned upon when you’ve filed for bankruptcy bc it looks like a fraudulent transfer. 

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I was sued for $4M back in the day, and although I had an insurance policy that should have (and did) cover the entire (bullshit) process, I distinctly remember the insuarance company attorney telling me that my smart idea of moving assets to my sister, etc. was not a smart idea whatsoever.

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Posted
  On 8/6/2022 at 12:53 AM, Mrs Whiggins said:

From the layperson here, that aligns with my thought which was essentially--tell me each financial event so that I can consider each event (i.e. each household move or threat has a physical cost and it has a time spent, gains unrealized, and emotional stresser cost) and my inclination as a juror is to begin with a pretty high number and see where that leads during deliberations.

Edit to add: however, I don't know if I am allowed to ask for that information if the plaintiffs don't provide it, correct?

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I responded to your earlier post with some more elaboration about why plaintiffs might not do that.

And no, if they don't put that proof on, you can't ask for it.

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Posted
  On 8/6/2022 at 12:43 AM, Sawbonz said:

Wasn’t part of the vote on tort reform a constitutional amendment specifically to allow the caps? 

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On medical malpractice.  Texans have a long history of voting against their self interest. 

Posted
  On 8/6/2022 at 1:20 AM, jimmyjazz said:

I was sued for $4M back in the day, and although I had an insurance policy that should have (and did) cover the entire (bullshit) process, I distinctly remember the insuarance company attorney telling me that my smart idea of moving assets to my sister, etc. was not a smart idea whatsoever.

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humblebrag?

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Posted
  On 8/6/2022 at 1:23 AM, TwiceHorn said:

I responded to your earlier post with some more elaboration about why plaintiffs might not do that.

And no, if they don't put that proof on, you can't ask for it.

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Sorry, this thread was moving fast today and I shouldn't have been trying to work and Surly simultaneously.

I'm not sure which I would find more perplexing and frustrating, criminal or civil court.

 

 

Posted (edited)
  On 8/6/2022 at 1:49 AM, Mrs Whiggins said:

Sorry, this thread was moving fast today and I shouldn't have been trying to work and Surly simultaneously.

I'm not sure which I would find more perplexing and frustrating, criminal or civil court.

 

 

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I don't think either is really perplexing.  You have a pretty passive role until deliberations.

Jury instructions could be pretty perplexing, depending on the kind of case, mostly civil ones.

And then, there are usually a couple of idiots on the jury who didn't seem to listen or understand anything, and are consumed by some kind of strange bias, from what I gather, and they are frustrating.

Edited by TwiceHorn
Posted

When it comes to knowing God-fearing Christians,  I know I trust Roger Stone. 

Also other than maybe a wedding or a funeral, I'll bet Alex Jones hasn't set foot inside a church since high school. 

He was a raging coke fiend back in his days on local Austin access TV.

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Posted (edited)
  On 8/6/2022 at 2:53 AM, Horn Under a Bad Sign said:

When it comes to knowing God-fearing Christians,  I know I trust Roger Stone. 

Also other than maybe a wedding or a funeral, I'll bet Alex Jones hasn't set foot inside a church since high school. 

He was a raging coke fiend back in his days on local Austin access TV.

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Alex has claimed repeatedly, on air, that he has paid for something like 10 abortions. It’s almost certainly bullshit but still: GOD-FEARING CHRISTIAN!

Edited by BrickHorn


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