Posts Made By: Rod Kaufman

Originally Posted by Richard Davis

Fake Fraud Rod, you can bust your gut all day long, but I've noticed that you're about as informed as a turnip when it comes to the actual science and the data on severe weather across the US over the last Century.  

The left and their Bullshit about weather changes indicates they know just a tad more than what you know and that amounts to zero.  

Their experts on Tornadoes, whom they've put out front to make their ignorant assertions, know as much about severe weather as YOU know about Fornicating.  

That would another ZERO.  

"as YOU know about Fornicating."
"That would another ZERO.  "

Originally Posted by Greg Shaffer

Hmmmmm another nothing burger gets to hang around lol

"At this stage, the court must assume Dominion's claims about Fox News are true."

https://www.cnn.com/2021/12/16/media/fox-news-court-dominion/index.html

Originally Posted by Greg Shaffer

Conviction in the news before a verdict is found.....typical lol

A conviction in thinking the Judge's decision is correct.

Originally Posted by James Brown

Rod - that is simply the legal standard that a judge is required to apply to a motion to dismiss.  It has nothing to do with whether Dominion is likely to win after the evidence comes in.  Jim

p.s.  In other words, the legal standard on a motion to dismiss, is this:  Assume everything the plaintiff (Dominion) alleges is true.  If they state a reasonable case, the lawsuit proceeds.  If everything they allege is true, and they still don't have a case, then dismissal is proper.  This is why motions to dismiss are typically not granted.    

"that is simply the legal standard that a judge is required to apply to a motion to dismiss.  It has nothing to do with whether Dominion is likely to win after the evidence comes in.  Jim"
I understand that but I think Fox News doesn't and I'm not talking about their lawyers and that's why they pushed so hard to have the case dismissed...

Originally Posted by Greg Shaffer

....every now and then you reveal just how big of an idiot you really are Rod....did you really mean to say that bolded part with a straight face? LOL

You'll be able to read about the judge rejecting the Faux news argument to dismiss the case on virtually every news channel, except Faux news. but you can read about Faux news here:  "Fox's worst week?":
"On Sunday the Fox News Channel's news facade was chipped away when Chris Wallace decamped to CNN. On Monday the hypocrisy of Fox's biggest stars was highlighted by a bipartisan House committee. On Tuesday the network belatedly and weakly defended itself. And the week wasn't even half over yet."
"On Wednesday Fox's social media team was forced to delete an antisemitic cartoon after advocacy groups shamed the network. And today, Thursday, Fox was set back in court in a big way." "The ruling will now allow Dominion to attempt to unearth extensive communications within Fox News as they gather evidence for the case, and the company may be able to interview the network's top names under oath," 
"For that reason, some media writers are speculating that the network will now try to settle, lest it be subjected to the embarrassment of the discovery process. "Fox loses the key motion; cases often settle at this point," Ben Smith tweeted, "and a settlement here would likely be a big number. It's a very strong case."
https://www.cnn.com/2021/12/16/media/fox-news-week-reliable-sources/index.html
So, indeed, "that's why they pushed so hard to have the case dismissed"...

Originally Posted by Greg Shaffer

Duhhhhhh......did you hear that? The whoosh just over your head as comprehension flew over? lol

You dont understand why they or anyone would try hard to get a case where they could lose big time dismissed off hand? How about money? Responsibility to shareholders? Use your head to do something besides grow hair man lol

Like I said...every now and then you lay your idiocy right out in front of you and shout LOOK AT THIS!

But its ok, we all do it to some extent from time to time

No Greg, that's been my point all along: they were pushing hard to get the case dismissed because they don't want the case tried on its merits because they know they'd lose...

Originally Posted by James Brown

This is simply not plausible.  Fox tried to get the case dismissed because they have significant exposure to losing.  No one ever knows for sure they'll lose at trial.  Juries are hard to predict and Fox will have some good 1st Amendment type defenses.  

Fox will do an ongoing calculation of risk of loss, range of damages, damage to reputation and so on as this progresses toward trial.  If that calculation crosses a "red line," they will try hard to settle, and they will pay a ton to mitigate the risk.  The decision is going to be based 100% on a financial risk analysis, no matter what any pundit might say.

Jim

"Fox tried to get the case dismissed because they have significant exposure to losing".  "No one ever knows for sure they'll lose at trial."
That's an obvious contradiction in statements: first, and to my point, Fox pushed hard to get the case dismissed but failed to do so. They already know this, to use your words,  that "they have significant exposure to losing". Of course, no one ever knows "for sure" that they'll lose at trial but they've already appraised their risks and they are significant, to say the least. I agree with you that the Fox decision is based on financial risk but I don't believe Dominion's decision will be solely based upon it.  Take another look at the CNN link that now has been updated to include a discussion of the case by two attorneys in the video that will play as you view the link:  https://www.cnn.com/2021/12/16/media/fox-news-court-dominion/index.html

Originally Posted by Greg Shaffer

And still the WHOOSH goes right over your head lol

Who in their right mind would not try to get the case dismissed? You are trying to make a point, I get that but it is an invalid one, OF COURSE they would like to get it dismissed. Anyone in their right mind would regardless of the abundance or lack of merits of pretty much ANY case. How you cannot grasp such simple concept is baffling LOL

I'm saying they enthusiastically made their bet and rolled their dice on one draw of the cards and came up empty. And that's why the judge's ruling is referred to as a "key decision"...

Originally Posted by James Brown

Hi Rod:

If I understand you correctly, you are totally missing the point.  A motion to dismiss is not anything like "their one draw of the cards."  The judge does not even consider any defenses at this point.   For a motion to dismiss, the judge is law bound to accept every allegation made by the plaintiff as true.  At trial, that is obviously not the case.  The jury gets to listen to both sides' evidence and decide for themselves what is true and what is not.

The only people who would refer to a defendant losing a motion to dismiss as a "key decision" are TV pundits.  (Winning a motion to dismiss would be a key decision of course, because it would decide the case.)  All we know right now is that the plaintiffs have alleged enough facts to support going to trial.  At this phase, the deck is stacked in favor of the plaintiff. 

It takes a real crummy plaintiff's lawyer to lose a motion to dismiss, for example the clowns who brought lawsuits to overturn the election who presented no allegations of election fraud at all.  Dominion is not being represented by clowns.  They might have the best case of all time.  We just don't know at this stage and winning a motion to dismiss proves only that they got over the very low bar necessary to proceed.

Jim

Jim,
What I'm trying to say is I believe Fox knowingly took its best shot at winning this by attempting to get the case dismissed. As you've noted, winning a dismissal decides the case. That said, I think they will lose on the actual merits of the case and they will lose big time. The variable here that I don't understand and apparently the one in which Fox can still cling to for some sort of mitigation of the claim is the one of a "well known entity". My quick google search doesn't show me much of anything but I'm guessing its akin to a company generally known to the public wherein one can make derogatory comments about it without repercussions. For example, one might say a certain automaker makes crappy cars but the company can't sue you for saying it. In the case of Dominion, I doubt that it's a well known entity, at least up until the time that right wing media attacked it with bogus claims of election fraud. I recall Tucker stating words to the effect that "we know nothing about Dominion" or "we know nothing about Dominion voting machines". If my guess about what constitutes a "well known entity" is correct, then I hope the Dominion lawyers use Tucker's words against Fox...

Dominion is suing Fox for 1.6 billion. Fox could likely take a hit for several million which would probably be chump change for it but a verdict in the billion dollar range could potentially put it out of business. Ditto for the other MAGA media sites that Dominion has pending suits with. My feeling is, given the statements that I've read about  the Dominion CEO regarding threats on his life from some lunatic Trumptoids, that Dominion is likely not to have a sealed settlement but will probably press for a huge verdict to send a message. Then there's Smartmatic which as filed a 2.7 billion dollar suit against Fox which appears to be moving forward: 
https://www.reuters.com/legal/government/judge-questions-fox-news-bid-shake-smartmatics-27-bln-election-lawsuit-2021-08-17/