tag:blogger.com,1999:blog-16612221.post8311805987464987057..comments2024-03-19T03:14:04.172-04:00Comments on Rabett Run: Cuccinelli goes down, but likely escapes the ethics investigation he deservesEliRabetthttp://www.blogger.com/profile/07957002964638398767noreply@blogger.comBlogger14125tag:blogger.com,1999:blog-16612221.post-28442229863774290922012-03-15T18:33:15.863-04:002012-03-15T18:33:15.863-04:00John Mashey,
Who supplied Cuccinelli with the &qu...John Mashey,<br /><br />Who supplied Cuccinelli with the "science" part of his legal argument?<br /><br />S. F. Singer wrote 2 or 3 letters to the Richmond Times-Dispatch defending Cucc's suit. <br /><br />I couldn't bear to wade through enough S.F. writing to see if there's a match. Reading Cucc's pathetic brief was enough for one decade. <br /><br />I'm not a lawyer but I predicted the brief couldn't pass any judge. As the minority opinion said, Cucc presented no reason to suspect civil fraud.<br /><br />Regards,<br /><br />Snow BunnyAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-61649542349187902052012-03-04T13:29:21.353-05:002012-03-04T13:29:21.353-05:00"how much VA tax money did Cuccinelli spend o...<i>"how much VA tax money did Cuccinelli spend on this?"</i><br /><br />If Willie Dixon and Muddy Waters (<a rel="nofollow">and Horatio's inteprertation of them</a>) were correct, whatever it is, it's most prolly a multiple of 7.<br /><br />~@:>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-65388742899115692132012-03-03T10:55:06.649-05:002012-03-03T10:55:06.649-05:00The general American legal rule, for those who don...The general American legal rule, for those who don't follow this stuff, is that the party who wins a lawsuit still has to pay its own attorney fees. It's easier for the winning party to get court costs of filing lawsuits covered by losers, but those are trivial compared to attorney fees.<br /><br />Various exceptions to rules apply, one is that if one party files a frivolous claim or does something unethical, then the other party may be able to recover attorney fees expended in response to the action.Brianhttps://www.blogger.com/profile/09301230860904555513noreply@blogger.comtag:blogger.com,1999:blog-16612221.post-79274649326864587372012-03-03T07:53:11.373-05:002012-03-03T07:53:11.373-05:00Nick,
The court costs of this case are being born...Nick,<br /><br />The court costs of this case are being born solely by UVa as far as I can tell. A second case involving the "American Tradition Institute" and the FOIA is the one the legal defense fund is supporting since all UVa did was roll over and say "yessir" to that one.<br /><br />I agree with Eli though, it's unlikely UVa could attorneys' fees. In addition to the general oddness of the state suing the state (although to be honest, UVa is barely a state institution), there are sovereign immunity laws applicable to most state actions....<br /><br />----Paul from VAAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-3226853537384560712012-03-03T05:28:18.235-05:002012-03-03T05:28:18.235-05:00EliRabett said...
Having just ruled that the ...<i>EliRabett said...<br /><br /> Having just ruled that the State can't force the State to produce documents, the Court will not force the State to pay the State's legal costs. </i><br /> <br />It's a different question - the SCOVA ruling was made under the terms of FATA. But as I recall, the UVa case was funded by donors. And UCS, AAUP also joined the case.Nick Stokeshttps://www.blogger.com/profile/06377413236983002873noreply@blogger.comtag:blogger.com,1999:blog-16612221.post-81781341032527058062012-03-03T04:30:58.828-05:002012-03-03T04:30:58.828-05:00The statement "Cuccinelli's ethical viola...The statement "Cuccinelli's ethical violation of using his state office to threaten supporters of opposing political viewpoints" seems to equate elements of ACC science with political viewpoints.<br /><br />Is that the intent?<br /><br />John PumaJohnhttps://www.blogger.com/profile/12479974040070719985noreply@blogger.comtag:blogger.com,1999:blog-16612221.post-23702775613332187032012-03-03T03:25:39.071-05:002012-03-03T03:25:39.071-05:00Having just ruled that the State can't force t...Having just ruled that the State can't force the State to produce documents, the Court will not force the State to pay the State's legal costs. IEHO of courseEliRabetthttps://www.blogger.com/profile/07957002964638398767noreply@blogger.comtag:blogger.com,1999:blog-16612221.post-42228729580960132782012-03-03T02:04:20.527-05:002012-03-03T02:04:20.527-05:00Brian: the parts I wonder about are the paleo deta...Brian: the parts I wonder about are the paleo details unlikely to be found in most law curricula. :-)<br /><br />I can think of several VA residents who might have supplied such material, plus one lawyer.<br /><br />Note: my comment was not of the form of "We should be able to get X" but of the form "I'd really love to know X, although only a magic tooth fairy may provide it."John Masheynoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-80403351859610436152012-03-03T01:05:07.871-05:002012-03-03T01:05:07.871-05:00If the case got dismissed, isn't that in and o...If the case got dismissed, isn't that in and of itself enough to at least make an effort to recover attorneys fees? More to the point, this disgusting man looks like he is maneuvering to be the Republican nominee for Governor. If he gets the nomination, this will be rich fodder for the Democrats to use against Cucc.green investmenthttp://www.greenworldbvi.comnoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-6573670615252118652012-03-03T00:08:28.101-05:002012-03-03T00:08:28.101-05:00John - the attorney work product privilege against...John - the attorney work product privilege against disclosure under whatever Virginia's FOIA law is, shouldn't apply to documents received from third party lawyers, or to anything sent back to third party lawyers. <br /><br />I wonder if Cucc et al. would try to claim the third party lawyers were volunteers and therefore covered. Bit of a stretch.<br /><br />There may be other limits to a FOIA type request in VA against its Atty General. <br /><br />If outside parties were super careful, they'd sit down in person and provide only oral advice.Brianhttps://www.blogger.com/profile/09301230860904555513noreply@blogger.comtag:blogger.com,1999:blog-16612221.post-84794775419602669402012-03-02T23:10:27.939-05:002012-03-02T23:10:27.939-05:00But how much VA tax money did Cuccinelli spend on ...But how much VA tax money did Cuccinelli spend on this?<br />That's a more interesting number.<br /><br /><br />I also still would like to know which of the the VA possibles helped them out on the complaint.John Masheynoreply@blogger.comtag:blogger.com,1999:blog-16612221.post-70559079017643806382012-03-02T22:36:05.113-05:002012-03-02T22:36:05.113-05:00Probably sufficient to recover court costs like fi...Probably sufficient to recover court costs like filing fees etc, but those are usually trivial.Brianhttps://www.blogger.com/profile/09301230860904555513noreply@blogger.comtag:blogger.com,1999:blog-16612221.post-39882418523968786402012-03-02T19:27:00.170-05:002012-03-02T19:27:00.170-05:00I would have thought the dismissal with prejudice,...I would have thought the dismissal with prejudice, however narrow the basis, gives them a good case for recovering costs.Nick Stokeshttps://www.blogger.com/profile/06377413236983002873noreply@blogger.comtag:blogger.com,1999:blog-16612221.post-15966755657246232202012-03-02T19:00:47.158-05:002012-03-02T19:00:47.158-05:00Not to be annoyingly repetitious, but...
The Clim...Not to be annoyingly repetitious, but...<br /><br /><a href="http://climatesciencedefensefund.org/" rel="nofollow">The Climate Science Legal Defense Fund</a>.<br /><br />In fact, we should always refer to "Cuccinelli" as <a href="http://climatesciencedefensefund.org/" rel="nofollow">Cuccinnelli</a>.dbostromhttps://www.blogger.com/profile/17688448471618219440noreply@blogger.com