tag:blogger.com,1999:blog-16612221.post5375430373610620244..comments2024-03-19T03:14:04.172-04:00Comments on Rabett Run: The Appeals Fairy Declines JurisdictionEliRabetthttp://www.blogger.com/profile/07957002964638398767noreply@blogger.comBlogger29125tag:blogger.com,1999:blog-16612221.post-89177803646960514172014-01-05T15:00:18.095-05:002014-01-05T15:00:18.095-05:00"Which you didn't bother to mention at th..."Which you didn't bother to mention at the time, but rather waited until after the appeal decision was announced"<br /><br />Because nothing was going to happen until said ruling, dummy.<br /><br />The stage is set, from square one, and Mann the liar will lose.<br /><br />1Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-75527808991164156252014-01-04T22:56:24.913-05:002014-01-04T22:56:24.913-05:00"Not a single reference to the appeal decisio..."Not a single reference to the appeal decision, but rather the current state of the case."<br /><br />The nearly six-month old state of the case.<br /><br />Which you didn't bother to mention at the time, but rather waited until after the appeal decision was announced … just around christmas.<br />dhogazanoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-82173788717936617822014-01-04T20:10:04.243-05:002014-01-04T20:10:04.243-05:00"Oh and Merry Christmas to Michael "The ..."Oh and Merry Christmas to Michael "The Liar" Mann and he has to start all over with his foolish case against Mark Steyn."<br /><br /><br />...has to start all over with his case..<br /><br />Which is true, with a new judge.<br /><br />Not a single reference to the appeal decision, but rather the current state of the case.<br /><br />Poor Dhog can only argue against what he wants people to have said. Go pound sand. When Michael "The Liar" Mann will lose his foolish case then I'll really crow.<br /><br />1<br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-4896599877209488052014-01-04T18:32:04.445-05:002014-01-04T18:32:04.445-05:00Anon1:
"I didn't crow about the appeal d...Anon1:<br /><br />"I didn't crow about the appeal decision,"<br /><br />Earlier Anon1:<br /><br />"Oh and Merry Christmas to Michael "The Liar" Mann and he has to start all over with his foolish case against Mark Steyn."<br /><br />Clearly a reference to the appeal decision - the amended complaint was filed way back in July, far to early for a Christmas Present.<br />dhogazanoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-80882788759932819792014-01-04T12:16:23.785-05:002014-01-04T12:16:23.785-05:00I didn't crow about the appeal decision, I cro...I didn't crow about the appeal decision, I crowed about the RR's crowing for victory prematurely this summer due to recent events.<br /><br />I look FORWARD to the next set of events with this BS case and watch the liar cry some more,<br /><br />1Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-13092956145959680562014-01-04T10:50:00.050-05:002014-01-04T10:50:00.050-05:00" The victory Anon1 refers to is the act of s..." The victory Anon1 refers to is the act of sitting around until the old judge retired."<br /><br />Yes, anon1 is trying to make us believe that this is what he said at first, rather than crow about the appeal decision and admit he was wrong about that.<br />dhogazanoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-25738927560888106392014-01-04T10:48:45.698-05:002014-01-04T10:48:45.698-05:00"One of the changes in the amended complaint ..."One of the changes in the amended complaint was to remove Mann's false claim on being a Nobel Prize recipient."<br /><br />Again, moot in regard to the decision on the appeal, as it happened before the ruling.<br /><br />Be brave, admit your crowing over the appeal decision was bullshit.<br /><br />"A dismissal of an appeal on an obsolete case which holds zero relevance to the current amended case and the upcoming ruling on the Ds request for dismissal. How many times do I have to say square one for you?"<br /><br />How many times does it have to be pointed out that the appeal was by the defendants, not Mann, and that it was dismissed, and has nothing to do with the upcoming rulin gon the D's request for dismissal.<br /><br />"Square one" was revisited when the new judge said he'd revisit the motion to dismiss - which happened *before*, not after or due to the ruling on the appeal.<br /><br />Which, I must point out, has yet to be granted, if it is. If not, the case will go forward, and as we all know and I trust agree, it will be a difficult case to win given US laws regarding libel and slander. It would be a simple case to win for Mann in the UK …<br />dhogazanoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-16459819850718741742014-01-04T10:45:07.526-05:002014-01-04T10:45:07.526-05:00So we have unanimous agreement here that the appea...So we have unanimous agreement here that the appeal was meaningless for the reasons described by Anon1. The victory Anon1 refers to is the act of sitting around until the old judge retired.Brianhttps://www.blogger.com/profile/09301230860904555513noreply@blogger.comtag:blogger.com,1999:blog-16612221.post-71964827563504674612014-01-04T01:41:18.310-05:002014-01-04T01:41:18.310-05:00One of the changes in the amended complaint was to...One of the changes in the amended complaint was to remove Mann's false claim on being a Nobel Prize recipient.<br /><br />"that a dismissal of an appeal..."<br /><br />A dismissal of an appeal on an obsolete case which holds zero relevance to the current amended case and the upcoming ruling on the Ds request for dismissal. How many times do I have to say square one for you?<br /><br />Mann will not win this case, which would be justice, as I prefer not to live in a society where a person like Mann whose whines are bigger than his ego.<br /><br />1<br /><br />1Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-34321718578015409942014-01-04T01:31:59.922-05:002014-01-04T01:31:59.922-05:00I'm hesitant to rush in to judge - I'm not...I'm hesitant to rush in to judge - I'm not a DC lawyer or a defamation lawyer - but Mann will likely need to show reckless disregard for the truth, not just the normal negligence.<br /><br />Ds seem to have linked to reports vindicating Mann, though, so that might not be too hard a hurdle to overcome. Pretty easy to say it would be reckless to not read the reports, therefore the court will assume that Ds were aware of the information in them and wrote what they did anyway. Discovery will also help on that front.<br /><br />Anon 1 is likely right that our celebrating the denial of the motion to dismiss was premature, but I don't recall knowing about the case's procedural posture at the time. And otherwise I agree with the conservative attorneys commenting at Volokh that the appeal seemed unnecessary.Brianhttps://www.blogger.com/profile/09301230860904555513noreply@blogger.comtag:blogger.com,1999:blog-16612221.post-47934587313630168062014-01-04T01:00:38.578-05:002014-01-04T01:00:38.578-05:00"Uh no the victory is a new judge and another..."Uh no the victory is a new judge and another judgment on request for dismissal."<br /><br />The new judge was in place before the appeal was ruled upon.<br /><br />"Thanks for being dumb."<br /><br />Well, no. I - and the lawyers at Volokh, not to mention our local lawyer Brian - understand both the timing and the fact that a dismissal of an appeal is never a victory for the appellant.<br /><br />"Please read what I actually say, not what you think I would say."<br /><br />When the appeals court first made its ruling, you crowed that the ruling was a victory for the appellants. Now you're arguing that the appointment of a new judge and the new judge's reconsideration of a move to dismiss is what moved things to square run.<br /><br />Your recent argument is correct, as we've said all along.<br /><br />Nothing to do with the appeal.dhogazanoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-81157737502419930862014-01-03T22:05:22.820-05:002014-01-03T22:05:22.820-05:00EINAL, and Brian should feel free to jump in, but ...EINAL, and Brian should feel free to jump in, but this always was going to depend on Mann showing actual malice on the part of Steyn, Simberg, NRO and CEI. The behavior of Simberg, Steyn et al. certainly has not helped their protestations of innocence.EliRabetthttps://www.blogger.com/profile/07957002964638398767noreply@blogger.comtag:blogger.com,1999:blog-16612221.post-22039147470919292922014-01-03T22:03:26.423-05:002014-01-03T22:03:26.423-05:00Depends if you think that the amended complaint is...Depends if you think that the amended complaint is the same as the original. Evidently Mann's lawyers don't agree otherwise they would not have filed the amended complaintEliRabetthttps://www.blogger.com/profile/07957002964638398767noreply@blogger.comtag:blogger.com,1999:blog-16612221.post-526528628056919732014-01-03T08:57:29.301-05:002014-01-03T08:57:29.301-05:00"Maybe I missed one, but AFAICT there wasn..."Maybe I missed one, but AFAICT there wasn't a single lawyer in the Volokh comment thread defending the appeal, and that's a conservative legal website."<br /><br />That is because the appeal was against the original complaint. Once the amended complaint was filed and accepted the original is irrelevant, so of course no one is going to defend that. But when you have a batty judge still making rulings on the original complaint even after accepting the amended one, nothing is going to be normal practice.<br /><br />The prior judge made the mess, now we start over like it never happened. The RR party from last summer was premature, as I predicted.<br /><br />1Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-5232667858343827662014-01-03T08:53:45.113-05:002014-01-03T08:53:45.113-05:00"No Anon 1, they would've had another cha..."No Anon 1, they would've had another chance to move dismissal of the amended complaint regardless."<br /><br />Correct, my point was that Mann is back to square one even after the mini party here on RR when the prior judge ruled against the defendants request for dismissal.<br /><br />Back to square one like nothing happened this summer with the case. So it took a "victory" of of Mann's board, in essence a defendant victory, but only to get back to square one.<br /><br />Please read what I actually say, not what you think I would say.<br /><br />1Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-29561942860090030882014-01-03T01:56:10.340-05:002014-01-03T01:56:10.340-05:00No Anon 1, they would've had another chance to...No Anon 1, they would've had another chance to move dismissal of the amended complaint regardless.<br /><br />There was some speculation at Volokh that Ds purposefully filed a legally frivolous appeal to run the clock out on a judge they didn't like, but I'm not sure if the timing for that works.<br /><br />Maybe I missed one, but AFAICT there wasn't a single lawyer in the Volokh comment thread defending the appeal, and that's a conservative legal website.Brianhttps://www.blogger.com/profile/09301230860904555513noreply@blogger.comtag:blogger.com,1999:blog-16612221.post-62686947188107683562014-01-03T00:32:53.964-05:002014-01-03T00:32:53.964-05:00Uh no the victory is a new judge and another judgm...Uh no the victory is a new judge and another judgment on request for dismissal.<br /><br />Thanks for being dumb.<br /><br />1<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-17130933923462083732014-01-02T15:36:57.531-05:002014-01-02T15:36:57.531-05:00Anon1:
"My bad defendants do not have an app...Anon1:<br /><br />"My bad defendants do not have an appeal with the amended case, they are waiting for the new judge to provide a ruling on their request for dismissal, that is the square one."<br /><br />Congratulations. You are almost there. You almost grasp why the appeal's dismissal was no victory for the defendants:<br /><br />It was on square one before the appeal court's ruling. It is still on square one after the appeal court's ruling The appeal and its dismissal did absolutely nothing to change that state of affairs.<br /><br />Thus your victory yelp over the fact that your beloved defendants' appeal was *dismissed* was, well, your bad.<br /><br />Thank you for playing.<br />dhogazanoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-84941882786274943092014-01-02T14:48:49.720-05:002014-01-02T14:48:49.720-05:00My bad defendants do not have an appeal with the a...My bad defendants do not have an appeal with the amended case, they are waiting for the new judge to provide a ruling on their request for dismissal, that is the square one.<br /><br />1Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-40728156154347702992014-01-02T14:44:33.888-05:002014-01-02T14:44:33.888-05:00"That was, and is, simply incorrect. The amen..."That was, and is, simply incorrect. The amended complaint had been filed before the appeal by the *defendents* was dismissed. The amended complaint goes forward just as it was going forward before the defendents *lost* their appeal."<br /><br />This is incorrect. The defendants have an outstanding appeal on the ammended complaint. Square one, with a new judge.<br /><br />1<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-37117815046014266302014-01-01T22:58:09.022-05:002014-01-01T22:58:09.022-05:00Anon1:
"Yep it is on Mann to continue his du...Anon1:<br /><br />"Yep it is on Mann to continue his dumb lawsuit that he does not have a snowball's chance in hell of winning, but keep hoping."<br /><br />Whether he wins or not, or I care if he wins or not, is immaterial.<br /><br />You claimed that the denial of the defendant's appeal in this case caused the *plaintiff* to have to go back to square one, signifying a significant victory for the defendant.<br /><br />That was, and is, simply incorrect. The amended complaint had been filed before the appeal by the *defendents* was dismissed. The amended complaint goes forward just as it was going forward before the defendents *lost* their appeal.<br /><br />Why you declared victory over this is mystifying. Why you think this changes anything is just as mystifying.<br /><br />The summary in the OP is correct. Essentially it changes nothing.<br /><br /><br />dhogazanoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-20367221089106835542014-01-01T00:56:57.432-05:002014-01-01T00:56:57.432-05:00Hurray for the Men With Day Jobs and their delight...Hurray for the Men With Day Jobs and their delightful Denial Tango!<br /><br />Eli, could you identify the three musicians, members of the MWDJ?<br /><br />Thanks! Johnhttps://www.blogger.com/profile/09575837647825433144noreply@blogger.comtag:blogger.com,1999:blog-16612221.post-62022098472692447912013-12-31T01:19:53.078-05:002013-12-31T01:19:53.078-05:00Here Dhog. Yep it is on Mann to continue his dumb ...Here Dhog. Yep it is on Mann to continue his dumb lawsuit that he does not have a snowball's chance in hell of winning, but keep hoping.<br /><br />1Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-75476264024570710942013-12-30T19:30:39.702-05:002013-12-30T19:30:39.702-05:00Simberg has not quite figured out that his lawyers...Simberg has not quite figured out that his lawyers represent him, not visa versa. Dh, where are those bon mots btw.EliRabetthttps://www.blogger.com/profile/07957002964638398767noreply@blogger.comtag:blogger.com,1999:blog-16612221.post-82106721059886960872013-12-30T17:55:54.878-05:002013-12-30T17:55:54.878-05:00You missed the best comment of all by AAron.
"...You missed the best comment of all by AAron.<br />"Reading the posts of a half dozen lawyers try to outdo each other with their Legalese makes me want to gouge my eyes out. What the fuck are you people talking about?"<br />This pretty much sums up my views on all lawyer-talk. It is like listening to another language<br />-Dirt Girl<br />Anonymousnoreply@blogger.com