Monday, November 10, 2008

Things you never want the Court to say to opposing counsel

So as some of you no doubt know, I'm working on this case against a certain reporter who printed some totally untrue things about our client that subsequently ruined his career.  The reporter most likely did so (knowingly or not) at the behest of one or more highly-placed government agent(s) who, lacking any legal means of retaliating against our client, decided to smear him in the press and then escape liability by hiding behind their "confidential source" status.

Anyway, we've been litigating this for a while and, after more than a year's worth of delaying tactics, the now very annoyed judge made the following comment in an order denying the reporter's most recent attempt to avoid giving up his source:

"The court is aware of other factors which might later be considered if the court were presented with a motion for sanctions or contempt. Specifically... [list of things the reporter did wrong].  If these apparent circumstances were to be later borne out as fact, and perhaps joined by others of a similar vein in a battle over fees and costs, they could be interpreted as a strategy of dissembling and “sandbagging” which, as such, would not bode well for Respondent and/or his attorney."

Word to the wise.  When you've annoyed a judge so much that he actually invites the opposing party to file a motion for contempt and sanctions, and then actually lists specific things that he "might consider" in such a motion... yeah, you've screwed up big time.

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