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Posted
16 minutes ago, Bill & Katya said:

Don't the lawyers makes sure no one will ever know what the settlement dollar figure was?  Considering how the leftist mainstream media treated this kid (who was not trying to be a spokesperson like some other kids), just winning a suit against an organization like CNN is a win regardless of the dollar figure.  Now we know that CNN is extremely left leaning. 

and as I said earlier. They were there. They saw what really happened and edited the story and footage to fit their biased narrative. That is why it cost them $$$$

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
1 hour ago, Nature Boy 2.0 said:

Tortfeasing and all 

Once one tortfeases, that's all.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

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12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

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05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

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07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

Filed: Timeline
Posted
2 hours ago, Bill & Katya said:

Don't the lawyers makes sure no one will ever know what the settlement dollar figure was?  Considering how the leftist mainstream media treated this kid (who was not trying to be a spokesperson like some other kids), just winning a suit against an organization like CNN is a win regardless of the dollar figure.  Now we know that CNN is extremely left leaning. 

I agree.  One kid against the mighty conglomerate of CNN.

Posted (edited)

Also, to reiterate, CNN tried to file a motion to dismiss back in May. While a settlement is "less" of a loss for CNN, the vast majority of suits that don't get thrown out beforehand result in settlements anyways. The fact that the lawsuit proceeded and resulted in a settlement is unequivocally a loss for CNN and a win for The Sandmann. The only scenario that's a win for CNN would've been the lawsuit being dismissed in May.

Edited by Burnt Reynolds
Filed: Timeline
Posted
9 minutes ago, Burnt Reynolds said:

Also, to reiterate, CNN tried to file a motion to dismiss back in May. While a settlement is "less" of a loss for CNN, the vast majority of suits that don't get thrown out beforehand result in settlements anyways. The fact that the lawsuit proceeded and resulted in a settlement is unequivocally a loss for CNN and a win for The Sandmann. The only scenario that's a win for CNN would've been the lawsuit being dismissed in May.

Unless you happen to be a fan of Consistently Not News, this settlement is a win.

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)
16 hours ago, Steeleballz said:

 

   Did he really "win" a settlement? Interesting take on what by definition would have to be a mutual agreement. 

 

    

In this kind of case settlement, the plantiff and his/her lawyers almost always come out ahead.......money-wise..

Edited by missileman

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Posted
3 hours ago, Nature Boy 2.0 said:

Not all of them. I know a few decent lawyers. I know our very own Maven is MDL, but from what she posts, I think she tries to be ethical. Tortfeasing and all 

 

Over in off topic (90 day thread) someone attacked lawyers, and some lawyer got  triggered

 

 Lawyers are a broad demographic group just like any other profession. Probably could have been reported if they wanted to. 

995507-quote-moderation-in-all-things-an

Posted
3 hours ago, Bill & Katya said:

Don't the lawyers makes sure no one will ever know what the settlement dollar figure was?  Considering how the leftist mainstream media treated this kid (who was not trying to be a spokesperson like some other kids), just winning a suit against an organization like CNN is a win regardless of the dollar figure.  Now we know that CNN is extremely left leaning. 

 

  The lawyers might come up with the wording, but confidentially agreements are generally up to the litigants. 

 

  The only case I read about recently was Huey Lewis suing Ray Parker Jr, who copied his song for the Ghostbuster's theme. They settled but neither were allowed to disclose the terms of the settlement. Lewis mentioned something about it 20 years later on a talk show. Parker sued him for that. I think they settled that one out of court as well, and so far no one has talked.

 

  Could be the same here. If the kid reveals he got $5 million, that's probably the end of the $5 million. 

995507-quote-moderation-in-all-things-an

Posted
9 minutes ago, Steeleballz said:

 

 Lawyers are a broad demographic group just like any other profession. Probably could have been reported if they wanted to. 

agree

Posted

Surviving a motion to dismiss is analogous to getting an indictment from a grand jury: just like a grand jury will indict a ham sandwich, your attorney has to have a ham sandwich for a brain to get your complaint dismissed. 

 

The standard set out in Iqbal and Twombly is that a complaint should present a plausible claim. Doesn't have to be pleaded with a ton of specificity. That the complaint survived means anything from "this claim is a slam dunk" to "this claim is possible in the grand scheme of things." 

 

Also, most settlements contain confidentiality and nondisparagement clauses. We're unlikely to know what the true settlement figure is. Remember: settlements happen frequently because money is hemorrhaging. It doesn't mean Sandmann would have prevailed at trial, or CNN for that matter. We've settled cases where our clients should have prevailed at trial but everyone got tired of litigating. 

 

File under: who knows. 

larissa-lima-says-who-is-against-the-que

Filed: Citizen (apr) Country: Russia
Timeline
Posted
11 minutes ago, elmcitymaven said:

Surviving a motion to dismiss is analogous to getting an indictment from a grand jury: just like a grand jury will indict a ham sandwich, your attorney has to have a ham sandwich for a brain to get your complaint dismissed. 

 

The standard set out in Iqbal and Twombly is that a complaint should present a plausible claim. Doesn't have to be pleaded with a ton of specificity. That the complaint survived means anything from "this claim is a slam dunk" to "this claim is possible in the grand scheme of things." 

 

Also, most settlements contain confidentiality and nondisparagement clauses. We're unlikely to know what the true settlement figure is. Remember: settlements happen frequently because money is hemorrhaging. It doesn't mean Sandmann would have prevailed at trial, or CNN for that matter. We've settled cases where our clients should have prevailed at trial but everyone got tired of litigating. 

 

File under: who knows. 

So if money is hemorrhaging, it must be going somewhere.  Where might it be going?

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