The function of the jury is to be the finder of fact. They are sworn to determine the facts based on their individual assessments of the evidence and witnesses. Judges are extremely cautious about interfering with a jury’s fact findings once they are made. One phrase you hear constantly from a judge in several…

I don’t know, it’s possible it will fizzle but between the hearings and Judge Carter’s ruling in the Eastman matter it sure sounds like there’s sufficient evidence to prove the obstruction count.

In District of Columbia v. Heller, everyone’s favorite strict constructionist Antonin Scalia, who professed to base his opinions on the text of the Constitution, read the words “well regulated militia” out of the second amendment. He said those were “mere prefatory words”. As a result, since those words didn’t count,…

There may be great grounds for appeal, but that’s not the primary reason for her lawyers announcing an appeal. You do it mostly because at this point you’re a losing party to litigation and, absent winning a motion for new trial, you have no leverage to negotiate the verdict. Once you file the notice of appeal, the…

I didn’t miss the bigger picture, I just don’t know enough about the case to have an opinion. I did want it to be clear that reporting abuse isn’t a risk.

In almost all states there is either an absolute or a qualified privilege to make reports of a crime to police. Where the privilege is absolute you can’t be sued even if you make a false report of criminal activity to police. Where it is qualified you can’t be sued so long as you have made a report in good faith and…

It’s possible if they both have sufficient personal and advertising injury insurance coverage that his insurer will pay her $2mm and her insurer will pay him $10mm. Punitive damages are generally not insurable, though that varies by state. It’s also possible that the case will settle post-verdict.

As the article suggests, two years is not a hard and fast rule - especially in sexual assault cases. The plaintiff’s lawyers refer to equitable estoppel - which in abuse cases has been raised where a continuing pattern of abuse has kept the plaintiff from filing a complaint out of fear of reprisal from the defendant.…

Television is not punk? When did this happen and why wasn’t I consulted? It’s Pluto all over again, isn’t it?

“Depp has little chance of winning (if the jury does rule for Depp, it’s likely to be overturned on appeal).” Absent a faulty jury instruction or demonstrable juror misconduct what would be the grounds for appeal? I doubt a judge would grant a JNOV on a case that has consumed as much courtroom time as this one has. Fur…

When did the Supreme Court rule on portrayal of a real person in a false light in a piece of fiction? Asking sincerely, since I have not heard of such a case.

Looks like it’s an allegation of rape in 2013. The woman is presumably invoking an extended statute of limitations for sexual assault since she’s suing in 2020. The New York City law “projecting” survivors of gender-motivated violence is interesting. It’s weird, but I guess survivors have to be shot out of cannons?

I read this to say that anarchists were building cheap, DIY theaters for the homeless. Which would be cool.

“The gnomes of Zurich” was a term coined in the 60's by the Brits to describe frustration with secretive Swiss banking practices. Rowling surely knew this and when she needed to describe her bankers she went for the obscure joke. I have no idea whether there was any anti-semitic intent connotation to the phrase.

Agreed. The D.A. coming to the conclusion that the criminal case was “too weak” to prosecute in concert with Cosby’s attorneys’ apparent agreement that Cosby would not assert his right against self-incrimination in a civil action doesn’t seem arm’s length to me. (I’m not at all clear on how one D.A. in one…

They do a really good version of Bowie’s “Life on Mars.”

At least you weren’t Ayn Randed or nearly branded a communist. 

I thought it was funny.

“Bad faith” is not going to work. What would be a workable definition for “bad faith” in this context? Unless there’s no plausible factual or legal basis for the claim, or no plausible argument that the law should be changed (for which there are already a number of motions for summarily dismissing an action,) it’s…