• 2 Posts
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Joined 3 years ago
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Cake day: October 19th, 2023

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  • With respect, we might not be observing the same things at the same places. I saw an DDA blow up her own case (defendant accused of putting GPS tracker on ex-girlfriend’s car) by accidentally mentioning that they traced a GPS tracker back to [defendant’s first name].[defendant’s surname]@gmail.com, and the judge decided this was fatal to their case because they forgot to put the name of the GPS tracker company employee on their witness list.

    This guy was 100% guilty. Two witnesses saw him do it and they found his fingerprints on the tracker.

    State v. Landon Heath Higgins, Oregon Circuit Court, case number 23CR14417 if interested.






  • Disciplinary referrals are issued against lawyers who break the court rules. Contempt of court is used against anyone (lawyer or not) who violates a direct order from the court. A lawyer who blatantly violates an order may receive both a disciplinary referral and also a contempt of court penalty.

    Before a court issues a penalty of any kind against anyone, they usually issue what is called an order to show cause, which essentially means the party accused of violating the rules must appear before the judge and explain why they should not receive a penalty.

    Disciplinary referrals are addressed to the state bar association, which are organisations comparable to guilds which license lawyers. The bar association can impose penalties against the lawyer which include:

    • Censure, a formal finger-wagging which leaves a permanent mark on their licence and is generally considered detrimental to future job prospects
    • Mandatory ethics training or re-take bar exam
    • Temporary suspension of their licence to practise law
    • Disbarment and expulsion from the bar association, which permanently revokes the lawyer’s licence to practise law. This typically cascades to all bar associations across the country.

    An example: Rudy Guiliani was a Trump lawyer who filed submissions before several courts containing information he knew to be false and raising allegations he knew were unsubstantiated, as a part of Trump’s scheme to overturn the 2020 presidential election. The New York bar association disbarred him for this, and the DC bar association took note and automatically disbarred him as well. His legal career is finished; he cannot legally be employed as a lawyer anywhere in the country.

    Contempt of court is an inherent power of the court to punish people who violate its orders. A judge can, on their own initiative, declare someone guilty of contempt of court and impose a punishment for it, which could include:

    • A fine, possibly an increasing fine until the order is complied with. The fine is paid personally by the person found guilty of contempt of court and no immunities apply.
    • Imprisonment for a fixed term, usually not more than a month
    • Imprisonment until the person complies with the order
    • Anything else the judge comes up with, that does not violate Amendment 8 of the US Constitution or relevant laws

    Example: A lawyer was fined $10,000 in March 2026 by my state’s Court of Appeal for submitting a brief containing AI hallucinations.


  • I’m a law student in the US, so I’m actually privy to this information in the form of all the talks that they have judges and lawyers giving.

    You may not assume that the US judiciary is healthy and functioning, but it is not as broken as most international observers (or chronically online Americans) think it is. In particular, if you have been observing the Department for Justice’s results recently, you’ll notice a few things:

    1. Because the Department has been hiring for loyalty and not legal skill, the Department has lost most of its prior prestige. Previously, clerking for the Department was a competitive law school position. Now, the top legal minds then to avoid it. As a result, the quality of legal skill at the Department has decreased, drastically.
    2. Judges in the federal judiciary, with the exception of some notable Trump cronies, is actually very willing to uphold existing procedural law and rule against the government. It happens extremely regularly.
    3. When judicial orders are ignored, it is almost always temporary and not in any lasting way. Federal judges still do threaten and issue contempt of court penalties and disciplinary referrals to officials who blatantly disobey court orders.

    So in short, you are partially correct and partially wrong. The judiciary of the US has shown to be remarkably resilient considering it has withstood two years of a fascist in power and in full control of the legislature.






  • There are plenty of people filing individual cases as well alleging liability under product liability law.

    The sheer volume of those cases could possibly cause major financial issues for the company even if each one costs only a relatively small amount.

    The short, general summary of these cases is that under US consumer protection law, the maker of a product is strictly liable for injuries and damages caused by the defective design of that product. An example in ordinary circumstances is that a farmer who uses an herbicide that contains a toxic chemical, and then later develops cancer as a result of exposure to that chemical, can claim compensation from the manufacturer under product liability law. This is what drove the chemical company Monsanto (maker of Roundup) into bankruptcy facing billions in product liability claims.

    So a teenager who uses Facebook and then develops mental disorders as a result of that use, has a personal injury claim against Meta.

    Even if each individual case is only worth around $20,000 to $50,000, Facebook has hundreds of millions of users in the US, of which possibly hundreds of thousands of people could have a valid claim under this legal theory. And many people could claim a great deal more in compensation. If a person uses Facebook, becomes addicted, gets depression as a result, and then commits suicide, that is potentially a wrongful death claim worth hundreds of thousands to millions of dollars.

    Ambulance chasers to the rescue!


  • It’s about 2% of their annual net revenue per year for ten years. Hardly much of a punishment.

    I’m not a big fan of Steve Bannon, but I think what he said about political power is among the truest things ever said about modern politics. These big corporations, they’re not so tough. The big law firms? They’re not so tough. But the state can be tough. They’re all gutless cowards at the end of the day that would crumble if even a fraction of the power available was displayed. If one truly takes power and exercises it, that would become apparent. Trying to play nice gets you nothing but lip service and pocket change.