OA518: Terpsichore Tries Her Hand at Frivolous Lawsuits

Terpsichore, who also goes by dozens of slight variations on her name, saw the Kraken nonsense that has led to nothing but sanctions hearing after sanctions hearing and figured why not do… more terrible law. She’s suing Dominion back for eleventy billion dollars. How is that damages number justified? GFY. What are the alleged counts of defamation? GFY. Where do these horrible lawyers keep coming from and how did they beat Thomas at the bar exam? We’ll never know. Hear all about it on today’s show! After that, we do some Andrew was wrong, regarding gift taxes and British courts. Plus an email from the one and only Michael Marshall on Telegram and how it does seem to be the app of choice for horrible racists.
Links: 26 US Code § 102,  Gift Taxes, House of Lords – Wikipedia, Virginia Governor’s Council, Terpsichore affidavit, Terpsichore deleted webpage, Tore Maras-Lindeman bio, complaint if you can call it that, ND vs Terp and all her names, Jones v. Trice, 360 S.W.2d 48 (1962)

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OA517: Cuomo Resigns; Dominion Lawsuit Survives Motion to Dismiss – AKA Consequences for Baddies!

It’s a consequences episode, our favorite genre! Our first bit of great news is that Cuomo resigned. Andrew has a few follow up thoughts on that and our episode on Cuomo, as well as some introductory information on who will be New York’s first ever female Governor, Lt. Gov. Kathy Hochul! Then we get to the great news of the Dominion Lawsuit surviving a motion to dismiss. If you’ve listened to the show for a while, you might have noticed that defamation suits tend to have a tough time surviving motions to dismiss. That’s because our 1st Amendment is very broad. But the Big Liars went so beyond the pale, they’re finding out even the 1st Amendment has limits. Yay!

Links: NY AG report on Cuomo, Kathy Hochul, Hochul’s govtrac, Hochul speaks, Survey USA poll, Emerson Poll, Dominion Opinion

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OA516: We Turned Down Ads for a Scam Company Called CrowdHealth. Other Shows May Not. Send Them This!

We bring you a somewhat unusual rapid-response Friday episode in which we break down a new startup company, CrowdHealth, Inc., that is apparently engaged in a mass ad buy across the kinds of podcasts you likely listen to. This means that within a few weeks, you’ll probably be hearing all sorts of paid testimonials for a product that does not exist right now and bears all the hallmarks of a classic (legal) scam.

This company is funded with $6 million — some (most?) of which will be spent on the advertising blitz we refused to be a part of. Would you trust an insurance company with just $6 million in reserves? (No.) Would you trust an insurance company that offered contradictory promises? (No.) Does it make any sense to pay an underfunded entity for the right to pay your own medical bills? (No.)

We explain how this is almost certainly someone who is very familiar with the kinds of Christian Health Share Ministry scams we debunked in Episode 497 and is trying to replicate that — only worse. Listen and find out why.

For service of process purposes, Opening Arguments is a product of and is copyright (c) 2021 Opening Arguments Media, LLC, a Maryland limited liability company with its principle place of business at 28 E. Susequehanna Ave., Suite 206, Towson, Maryland 21287.

This episode relied upon the following resources:

Links:

  1. Websites: crowdhealth.com goes nowhere; crowdhealth.org is an unrelated company selling KN95 masks and other COVID supplies; this product is at the (unfinished) website joincrowdhealth.com.
  2. We explained why Christian Health Sharing Ministries are a scam back in Episode 497.
  3. You can search for CrowdHealth, Inc., a Texas corporation organized on April 19, 2021, on the Texas Corporations website‘s search page (it will pull up in a separate window).
  4. Here is a link to CrowdHealth’s SEC Form D filing showing it raised $6,025,800 from 23 angel investors; that story was covered in the May 10, 2021 issue of the Austin Business Journal.
  5. And if you want to know more about CrowdHealth’s founder, CEO, and (possibly?) it’s only shareholder, Andy Schoonover, you can check out: a) Andy’s LinkedIn page; b) his LinkedIn post soliciting doctors to share pricing information and promising “a bunch of uninsured folks who want to pay you quickly and $$ directly“; c) his stupid unfunny TikTok thing he shared on LinkedIn; d) his Twitter page; and e) his bio at Lion Venture Partners.
  6. Legal documents: IRS Publication 16-0051; 26 U.S.C. § 213; and 26 U.S.C § 5000A

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OA515: Who Governs the Governors?

NY Governor Cuomo was found to have committed criminal sexual harassment. Almost all top Democrats, including Preseident Biden, has said he must resign. But will he? If he doesn’t, what options remain for removal? Meanwhile, Governor Newsom of CA is facing a recall election and isn’t guilty of any serious misconduct. So what gives? How can Californians be voting to recall a relatively decent Governor, but New Yorkers can’t recall a disgusting creep? As usual, Andrew has the full breakdown!

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OA514: I Love It When A Plan Comes Together

Today’s episode tracks recent developments in the two major stories we covered recently: last Friday’s Episode 512 regarding the ongoing quest to hold lawyers accountable for the (nonsense) lawsuits they file, and Tuesday’s Episode 513 about the California v. Activision Blizzard lawsuit.

We begin with an Andrew Was Wrong about language and then describe the developments since the California Department of Fair Employment and Housing sued Activision Blizzard for allegations of widespread discrimination in the workplace. Learn what the Activision employees are demanding and other efforts for activism surrounding the lawsuit.

After that, it’s time to check in on the effect that a late-breaking sanctions order in Colorado may have on the Kraken sanction hearings we know and love. Join us as we break it down for you!

Links

  1. Click here for the Judge’s Order granting sanctions in O’Rourke et al. v. Dominion Voting Systems et al. (D. Colo.).
  2. King v. Whitmer docs: (a) transcript of the sanctions hearing. (b) Detroit’s reply brief; (c) Lin Wood’s reply brief; (d) Emily Newman’s reply brief; (e) Donald Campbell’s reply brief on behalf of Sidney Powell, Howard Kleinhendler and others; and (f) Gov. Whitmer’s reply brief.

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OA513: California v. Activision Blizzard, Inc

If you’re a gamer, or just very online, you have likely seen a ton of coverage of an explosive lawsuit against Activision. It alleges discriminatory behavior against women, ranging from general pay discrepancies to specific sexual misconduct claims. As usual, law-expert Andrew Torrez has the complete breakdown for us! Before that, we read a very moving email from Jane Doe #12 in the Liberty University suit.
Links: The Atari Timeline, Activisionaries: How Four Programmers Changed The Game Industry, 42 US Code § 2000e–2 – Unlawful employment practices, Section 432.6 – Requiring waiver of rights prohibited

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OA512: Actions Continue to Have Consequences!

Today’s episode updates two separate lawsuits related to the 1/6 insurrection: Rep. Eric Swalwell’s suit against Trump, Trump Jr., Rudy Giuliani and Alabama Rep. Mo Brooks and the ongoing drama surrounding sanctions for the Kraken lawyers in King v. Whitmer, the Michigan lawsuit that exposed just how nonsensical all of the Kraken election lawsuits were.

In the first segment, we learn that neither Merrick Garland’s Department of Justice nor counsel for the House of Representatives believe that “inciting insurrection” is within the scope of your employment if you’re a member of the House of Representatives, so… Mo Brooks is on his own on this one. This is all about the Westfall Act, which we last discussed in Episode 498.

In the main segment, we check back in now that all the supplemental briefs have been filed after the mammoth 6-hour Michigan sanctions hearing. Learn who had the worst filing (hint: someone did worse than Lin Wood!), who had the… least worst?… and what is in store for all of the Kraken lawyers! BONUS: We’ve attached the complete six-hour hearing transcript.

Links:

  1. Swalwell v. Trump: (a) docket report; (b) Swalwell’s opposition to Brooks’s Westfall Act motion; (c) decision of House counsel to decline to represent Brooks; and (d) DOJ’s decision to decline to represent Brooks. We last discussed the Westfall Act in Episode 498.
  2. King v. Whitmer transcript of the sanctions hearing.
  3. Lin Wood’s (a) brief 1 and brief 2; and (b) prior inconsistent brief in the Delaware Supreme Court admitting he represented plaintiffs in Michigan.
  4. Donald Campbell’s brief on behalf of Sidney Powell, Howard Kleinhendler, and the rest of the Kraken idiots.
  5. Hoo boy, the brief filed by Stefanie Lambert Junttila on her own behalf… maybe don’t represent yourself, Stef? And just because Stef didn’t read it doesn’t mean you shouldn’t read Mezibov v. Allen, 411 F.3d 712 (6th Cir. 2005).
  6. The City of Detroit’s (a) Safe Harbor letter and attached motion; and (b) supplemental brief (that’s fire)!
  7. Remember all of this is about Rule 11 of the Federal Rules of Civil Procedure.
  8. Finally, if you search the transcript you’ll see Howard Kleinhendler make the “fraud vitiates everything” argument, for which David Fink rightly skewers him in the City of Detroit’s supplemental brief. Check out more on this stupid argument here.

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OA511: More on the Censorious Right’s Unconstitutional Quest to Cancel Knowledge

In a dizzy euphoria at having had a single good interaction with a stranger on Facebook, Andrew decided to listen to an episode of Bari Weiss’s podcast featuring a debate between Chris Rufo and David French on Critical Race Theory. Apparently, Andrew has too much free time and not enough things to be mad at. But it inspired part 3 on Critical Race Theory and what the likely next Pokemon evolution of the moral panic will be.

Links: The Argument of “Afropessimism”, The Political Economy of Reparations, Black Nihilism and the Politics of Hope, Idaho HOUSE BILL NO.377, AZ HOUSE BILL 2898, AG Knudsen Issues Binding Opinion on Critical Race Theory, SC Bill H.4100

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OA510: Liberty University Punished Women Who Reported Sexual Assaults, According to Complaint

The main segment of today’s show is what is known in the industry as a huge bummer. Liberty University is facing a lawsuit filed by 12 women who allege that they were sexually assaulted, and that their assault was handled horribly by the University. They also allege that Liberty’s code of conduct made it more likely that they would be assaulted. It’s grim, but it’s a necessary story to cover and Andrew has the full legal breakdown for us. In our first segment, we hear from some people who are on the ground at the Texas legislature.

Links: Abbott vetoes funding, The Liberty Way, lawsuit against Liberty University, 20 U.S. Code Chapter 38, John ED Larkin, 18 US Code § 2255

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OA509: Kraken Lawyers Get Full Dressing Down; the Cosby Release is EVEN MORE Worse

I’m going to go ahead and say this sanctions hearing was the most popular one in the history of law. It was so good, expect it on a future Law’d Great Sanctions Hearings, available on Patreon! Andrew breaks down some highlights here and lays out what we can expect to actually happen. Then, it’s the Cosby case revelation Andrew has teased for weeks. Why is that entire saga even more worse than we originally said? Find out.

Links: the hearing, multiple sanctions requests by… everyone, Rule 11, Emily P. Newman – Lawyer working to suppress legally cast votes, Lin Wood in Delaware case, Wood needs sanctions on top of sanctions, Campbell motion to release video, Rule 413, Cosby opinion, Cosby civil suit docket, motion for sanctions, Cosby motion to strike, response, forgotten until 10 yrs, Rule 5.1.5, AP renews motion, granted

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