Message from @Maw

Discord ID: 779533822865702954


2020-11-21 02:07:29 UTC  

I don't believe he has to cover anything for a prosecution. lol

2020-11-21 02:08:08 UTC  

Generally people only pay legal fees in civil cases if I'm not mistaken, and even then it's rare as you have to usually prove bad faith litigation.

2020-11-21 02:08:24 UTC  

Usually it's defendants that sue for costs.

2020-11-21 02:09:01 UTC  

And it's semi-rare to actually go through.

2020-11-21 02:13:37 UTC  

Hughes v Benjamin is a good example of suing for costs and proving bad faith litigation.

2020-11-21 02:13:49 UTC  
2020-11-21 02:19:22 UTC  

```Benjamin argues that Hughes brought this suit to silence her political opponents and critics and to generate publicity for herself. Motivation, like all the Fogerty factors, is not dispositive, but “the presence of improper motivation in bringing a lawsuit or other bad faith conduct weighs heavily in favor of an award of costs and fees.” Baker v. Urb. Outfitters, Inc., 431 F. Supp. 2d 351, 357 (S.D.N.Y. 2006),aff’d, 249 F. App’x 845 (2d Cir. 2007).```
```Here, the Court has little difficulty concluding that Hughes’s dual goals in bringing her baseless suit were to inflict financial harm on Benjamin and to raise her own profile in the process. Improper or bad faith motivations are generally difficult to discern, as litigants often have a variety of objectives and may obscure their baser ones behind a veil of legitimate-sounding claims. In this case, however, Hughes openly discussed her improper motivations on both Twitter and her website. Indeed, Hughes admitted to potentially hundreds of thousands of followers that she intended to (i) “bankrupt” Benjamin (Doc. No. 43 at 2), (ii) stymy his attempts to crowdfund his legal costs (id. at 2–3), and (iii) use copyright laws to silence her political opponents and critics (id. at 4). Other posts, including her public boasting about the legal dispute on her social media accounts (even describing her complaint as a “[C]hristmas present” for Benjamin) and her public belittlement and celebrity-style feuding with Benjamin (id. at 5–7), strongly suggest that Hughes intended to sensationalize the litigation to elevate her own public profile and achieve a secondary financial gain. Together, then, Hughes’s public comments reveal an intent to abuse the legal system in order to further a personal agenda that had little to do with the Copyright Act```

2020-11-21 02:21:46 UTC  

Obviously this is particularly in the case of copyright, but I believe the idea remains the same across the spectrum.

2020-11-21 02:22:36 UTC  

Bad faith litigation in effort to cause monetary harm to someone is usually something that the court may solve if they're able to prove the claim.

2020-11-21 02:25:16 UTC  

I might be from Wisconsin and Ever's supports a assault weapons buy back I might have a 14 year old with an ar-15 hunting this weekend. Well maybe it could happen. The .243 that he killed his last deer with has not been reliable. So maybe.... suck it Evers.

2020-11-21 02:25:21 UTC  

The taxpayer covers prosecution though.

2020-11-21 02:25:50 UTC  

(Though not defense all the time)

2020-11-21 02:26:10 UTC  

totally agree ...only reason i brought up is it does happen i see it more with person being released after wrongful confinement

2020-11-21 02:26:55 UTC  

no refund on defense lawyer

2020-11-21 02:27:04 UTC  

Don't believe so, no.

2020-11-21 02:27:30 UTC  

And it seems mildly risky to take the free attorney provided imho.

2020-11-21 02:27:43 UTC  

Well, taxpayer-funded defense attorney.

2020-11-21 02:28:21 UTC  

what no faith with public defenders

2020-11-21 02:28:48 UTC  

If I were looking at potentially sitting in prison for the rest of my life? No.

2020-11-21 02:28:49 UTC  

lol

2020-11-21 02:29:06 UTC  

I'd be forking over the big $$$$

2020-11-21 02:29:22 UTC  

lol...you might if you use one for anything

2020-11-21 02:29:30 UTC  

I beat 2 strikes and Susanville St Penn with a PD.

2020-11-21 02:30:00 UTC  

I'm extremely happy to hear that!

2020-11-21 02:30:05 UTC  

Me too!

2020-11-21 02:30:08 UTC  

Lol

2020-11-21 02:30:22 UTC  

I had to be"involved" to be sure.

2020-11-21 02:30:51 UTC  

i think the name should be changed to public interpers not defenders

2020-11-21 02:31:11 UTC  

Mine was a G

2020-11-21 02:31:42 UTC  

Now I just stay out of trouble.

2020-11-21 02:31:49 UTC  

Good!

2020-11-21 02:31:59 UTC  

good idea best defense

2020-11-21 02:31:59 UTC  

@osok, you just advanced to level 4!

2020-11-21 02:32:44 UTC  

I think Kyle will serve sometime. Sets a dangerous precedent to just let him walk. Next day we would have ARs all over the country.

2020-11-21 02:32:45 UTC  

@Benny2Toes, you just advanced to level 2!

2020-11-21 02:33:01 UTC  

he has already

2020-11-21 02:33:11 UTC  

Well he's not walking, he's on 2m bond.

2020-11-21 02:33:21 UTC  

Kinda far from walking.

2020-11-21 02:33:25 UTC  

He still risks life in prison.

2020-11-21 02:33:26 UTC  

Meant convicted

2020-11-21 02:33:56 UTC  

Everyone says he will best the charges. I dont see that.