Trump sues everyone over 2016 election

[rufus]

Alleges grand conspiracy to destroy his life, his political career, and rig the 2016 election for Hillary Clinton.

I thought Republicans hated frivolous lawsuits?

 

[Kepler]

The world will be better when he is dead.

 

[French Rage]

He does realize the Mueller report will actually hurt him here, right? He does understand its contents? (Of course he doesn't.)

 

[RaceBoarder]

Wait, what?

I'm sitting around doing laundry this afternoon and somehow missed this... How does one sue over an election they won?

 

[rufus]

He does realize the Mueller report will actually hurt him here, right? He does understand its contents? (Of course he doesn't.)

Or the Republican-led Senate Intelligence Committee's report?

This suit will get tossed in a heartbeat. Kind of a shame, as discovery would be interesting.

 

[rufus]

Wait, what?

I'm sitting around doing laundry this afternoon and somehow missed this... How does one sue over an election they won?

Cause he won despite the grand conspiracy against him.

Cause he's just that good.

 

[RaceBoarder]

Cause he won despite the grand conspiracy against him.

Cause he's just that good.

Yea.... Seeing that now...

It's his usual deal where he racks up a bill and is trying to weasel out of it.... $24 Million he doesn't have obviously....

 

[Swansong]

This is a suit designed to get on the news and nothing more. It will likely be dismissed at the first opportunity, and he will then crow about something something deep state something something swamp.

 

[French Rage]

This is a suit designed to get on the news and nothing more. It will likely be dismissed at the first opportunity, and he will then crow about something something deep state something something swamp.

I would like to see the suit go forward. Particularly to the discovery phase.

 

[Kepler]

I would like to see the suit go forward. Particularly to the discovery phase.

If somebody counter-sues that won't be dismissed along with the original suit, will it?

 

[Fighting Sioux 23]

If somebody counter-sues that won't be dismissed along with the original suit, will it?

Not unless the counterclaimant wants to also dismiss their claims (unless, of course, there is a legal basis for the Court to also dismiss the counterclaim).

 

[Kepler]

Not unless the counterclaimant wants to also dismiss their claims (unless, of course, there is a legal basis for the Court to also dismiss the counterclaim).

Can you sue somebody on the grounds that their suit is harassment, and if you do does your grounds disappear if they retract or are dismissed or can you proceed claiming they have already caused you damage?

 

[Fighting Sioux 23]

Can you sue somebody on the grounds that their suit is harassment, and if you do does your grounds disappear if they retract or are dismissed or can you proceed claiming they have already caused you damage?

The harassment-type claim would be malicious prosecution or abuse of process; although, those types of claims often are not brought until after the original (harassing) suit is dismissed. But, at least in some states, you can file them as a counterclaim. In that case, the fact that they retract or have their suit dismissed probably helps your claim. Of course, your damages are probably limited if the claim is retracted or dismissed at an early stage.

Another potential is to not file a counterclaim, but seek attorney fees and costs for having to defend a frivolous/groundless suit. In Colorado, if you win on a 12(b) Motion (i.e. you fail to state a claim) you get your attorney fees and costs as a matter of statute. We also have a specific frivolous/groundless statute that permits recovery of attorney fees and costs outside of the 12(b) context. I'm not sure if other states have the 12(b) type statute, but most states have a Rule 11 / frivolous-groundless type statute that allows the recovery of those damages.

Many states also have a Rule 11 (a rule that requires the filing attorney to basically have done their due diligence and have a factual basis for the filing) safe haven. In that scenario, you send a letter to the opposing counsel saying you have no claim. They then get a certain amount of time to withdraw their claim without facing fees.

 

[Swansong]

The harassment-type claim would be malicious prosecution or abuse of process; although, those types of claims often are not brought until after the original (harassing) suit is dismissed. But, at least in some states, you can file them as a counterclaim. In that case, the fact that they retract or have their suit dismissed probably helps your claim. Of course, your damages are probably limited if the claim is retracted or dismissed at an early stage.

Another potential is to not file a counterclaim, but seek attorney fees and costs for having to defend a frivolous/groundless suit. In Colorado, if you win on a 12(b) Motion (i.e. you fail to state a claim) you get your attorney fees and costs as a matter of statute. We also have a specific frivolous/groundless statute that permits recovery of attorney fees and costs outside of the 12(b) context. I'm not sure if other states have the 12(b) type statute, but most states have a Rule 11 / frivolous-groundless type statute that allows the recovery of those damages.

Many states also have a Rule 11 (a rule that requires the filing attorney to basically have done their due diligence and have a factual basis for the filing) safe haven. In that scenario, you send a letter to the opposing counsel saying you have no claim. They then get a certain amount of time to withdraw their claim without facing fees.

Is this part of the whole "anti-SLAP suit" thing? Or is that something different?

 

[Fighting Sioux 23]

Is this part of the whole "anti-SLAP suit" thing? Or is that something different?

Different. I havent dealt with Colorado's anti-SLAPP laws yet, but the claims/statutes/rules I was referencing have been in place for awhile. Anti-SLAPP, at least in Colorado is pretty new.