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The way I've seen this work is that the Judge throws that in with 17 other bullshit arguments. And unless you can take a thorough and comprehensive swipe at al
by mandmandam 3y ago
The way I've seen this work is that the Judge throws that in with 17 other bullshit arguments.
And unless you can take a thorough and comprehensive swipe at all eighteen, which takes about 160 pages of filings, then your odds of even being heard on appeal are small. Something like 90% of appeals that do get heard lose anyway.
This all costs a lot of money when lawyers cost $150 - $700 per hour. Expert testimony costs about the same. Appeals end up costing from $10k to $50k.
And how demoralized are you, to hear your judge saying things like that against you. US judges have little fear of accountability. The statistics there are abysmal.
No large media outlet will comment on such a decision. Few higher courts would ever inflict any punishment on the judge. To get punished as a judge you need to either provably ruin hundreds of lives , like in the kids-for-cash scandal [0], or one very wealthy and connected life.
> https://en.wikipedia.org/wiki/Kids_for_cash_scandal https://en.wikipedia.org/wiki/Kids_for_cash_scandal
- sidewndr46 3y agoCould you provide a reference to proceedings that went this way, where the evidence was rejected and the case ultimately dropped as a result?
- mandmandam 3y agoOJ's bloody glove is probably the most famous example. Bill Cosby's case was also very famous, and recent. Only one victim was allowed to testify - inexplicable. The very recent Donziger case was pretty shocking; some major evidence was ignored there, along with established procedures. Then you have things going on at even higher levels, like the Supreme Court deciding not to investigate itself, or the CFR blocking witnesses that would have said the WMD story was baloney. Those were cases where the entire world was watching. Imagine what goes on where it's only a million or two at stake.
- sidewndr46 3y agoI can't see the Donziger case as anything other than a guy getting railroaded.
- mandmandam 3y agoHe certainly was railroaded. He had plenty of ironclad evidence and precedent on his side, and even a little media attention. It didn't matter. There wasn't even a hint of repercussions (not even mild official rebuke) for the people that stitched Donziger up via the Justice system (Kaplan, Preska, Chevron, etc).