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Federal Court Sanctions MyPillow CEO Mike Lindell for "Frivolous" Legal Claims
A federal district court judge dismissed Lindell's counterclaims against Dominion and Smartmatic, and Lindell may still be on the hook for defamation.
Yesterday, a federal district court judge dismissed MyPillow CEO Mike Lindell's counterclaims against election machine manufacturers U.S. Dominion and Smartmatic. The counterclaims were filed in the companies' defamation suit against Lindell, who had accused the firms of stealing the 2020 election with rigged election machines. In addition, Judge Nichols imposed sanctions on Lindell, given the "groundless" and "frivolous" nature of his claims. Last fall, Judge Nichols had also denied Lindell's attempt to dismiss the defamation claims.
After he was sued for defamation, Lindell filed a series of counterclaims against Dominion and Smartmatic, including abuse of process, RICO, and violations of the First Amendment, the Fourteenth Amendment's Equal Protection Clause, and the "Support or Advocacy Clause of 42 U.S.C. § 1985(3), among others. In his opinion , Judge Nichols walks through each claim, explaining why each lacks merit, before dismissing them.
Judge Nichols also explained his reasons for granting Smartmatic's motion for sanctions, in part.
Smartmatic moves to sanction Lindell and his previous counsel under Federal Rule of Civil Procedure 11 for filing a "frivolous case." . . . In particular, Smartmatic argues that Lindell and his counsel should be sanctioned for: (1) "predicat[ing] [Lindell's] claims on allegations that have been disproven by credible, publicly available sources and rejected by other federal district courts," (2) for filing "claims [that] lack a plausible basis in the law," and (3) for "fil[ing] suit to undermine confidence in the 2020 U.S. election." . . . Smartmatic further contends that "Lindell and his counsel must be held jointly and severally liable for the fees Smartmatic has expended defending itself and preparing the instant motion." . . .
The Court will grant Smartmatic's motion in part. The Court agrees with Smartmatic that Lindell has asserted at least some groundless claims. . . . In particular, the Court concludes that at the very least Lindell's claim against Smartmatic under the Support or Advocacy Clause falls on the frivolous side of the line (other claims do too). As a result, the Court orders Lindell and his previous counsel to pay some of the fees and costs Smartmatic has incurred defending itself and moving for sanctions under Rule 11. See Reynolds v. U.S. Capitol Police Bd., 357 F. Supp. 2d 19, 23 (D.D.C. 2004) ("The test under Rule 11 is an objective one: that is, whether a reasonable inquiry would have revealed there was no basis in law or fact for the asserted claim."); . . . But the Court requires additional briefing on the amount of appropriate costs under the circumstances.
In response to the ruling, Lindell told Bloomberg News he will consider an appeal:
Lindell said in a phone call that he'll decide later whether to appeal because he is busy challenging the continued use of Dominion and Smartmatic voting machines across the US.
"Whatever the judge thinks, that's his opinion," Lindell said. "I've got lawyers doing more important things like removing these machines from every state."
For those who care about such things, Judge Nichols clerked for Justice Clarence Thomas on the Supreme Court and was appointed to the federal bench by Donald Trump in 2019.
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Wow. How can a court get this so wrong? This is not at all frivolous because polls show that a large percentage of Americans believe the election was stolen. He needs to appeal this so that the truth can finally have it's day in court.
The judge is clearly a left-winger appointed by a socialist president!
He probably fears for his life.
Conservatives tend to be increasingly paranoid and delusional these days.
I guess getting stomped by your betters in the culture war for decades has consequences.
It's nothing replacement won't solve, though.
Come on, Rev. How can I have a drink if you don't say "clinger" at least once.
I have to say that, while points 1 and 2 seem like a valid basis for sanctions, point 3, "and (3) for "fil[ing] suit to undermine confidence in the 2020 U.S. election." strikes me as utterly illegitimate.
And I think it's utterly illegitimate irregardless of whether you think people SHOULD have confidence in that election. It's just not a legitimate basis for sanctioning somebody, it's in no, way, shape, or form a legal issue.
Courts are one of the core institutions of our republic.
Seems well within their ambit to address legal activities whose main effect is only to damage our republic in the eyes of its members.
O what a slippery slope! Shall we sanction Hillary for her disinformation campaigns? How about Biden for lying about Hunter's income and laptops?
Good grief! Let's bring back Adams' Alien and Sedition Acts while we're at it. Bring back his desire to be known as His Majesty too, lese majeste and all that, anything which undermines the government's appearance of legitimacy.
You need to develop some kind of identifier that you can put at the beginning of your comments when you think you have something intelligent to say so people don't waste their time reading your normal nonsense.
Ah, never mind. I can't think of when you'd ever have the chance to use it.
But he's right: Point 3 is basically a claim that Lindell committed lese majeste.
It's not clear to me whether sanctions were granted on #3, though.
You're using the wrong standard - sanctions can include pure speech. In fact, they kinda have to.
So your argument that this is just speech doesn't really apply here.
Rule 11 includes sanctions when one files for an "improper purpose." That is, when one files for a reason other than obtaining the relief requested. That would include filing a suit just to make a political point or advance any other opinion, no matter how legitimate, in absence of a non-frivolous basis for the suit. So there is linkage. Imagine, for example, someone who files suit to declare a particular religion "the only true faith." Millions might believe so, and are entitled to do so, but the suit is frivolous and filed for an improper purpose ("undermining faith in other religions"), however "correct" others might believe the thesis to be.
Funny guy. Why respond to trash? If I write such nonsense, what about it scares you so much that you feel the need to insult me without responding to what I wrote? If I write such nonsense, why is it easier to insult me than rebut what I wrote? Surely it should be easy-peasy to demonstrate how nonsensical I am.
"Shall we sanction Hillary for her disinformation campaigns? How about Biden for lying about Hunter's income and laptops?"
How do those subjects relate to sanctions for a frivolous lawsuit? Easy-peasy.
Oh great, a what aboutism sidetrack. That aside, whatever Biden and Hillary said that you think is disinformation, did they say it in court filings? Because if not, then it doubly has nothing to do with this.
You apparently belong to that school of rebuttal which refuses to rebut on the grounds that I have strayed from the invisible boundaries to the discussion that you just made up silently.
The subject was court sanctions, which necessarily only apply to court filings. So, were any of what you consider Clinton and Biden misinformation made in court filings? If you're going to what-about, try to at least pick something on topic.
I can't say "no" enough to that notion.
The courts exist to resolve legal questions. Not to act as a public relations agency for the government. If the correct resolution of an issue throws the government into disrepute, well, suck it up: Maybe the government should have been thrown into disrepute!
By your reasoning here the courts could justify sanctioning a plaintiff any time they sue over something that makes the government look bad, regardless of the merits. Should have a thumb on the scale in favor of the government's reputation.
That's a ghastly notion of what the judiciary are supposed to be doing.
And it's so gratuitous here, because points 1 and 2, if true, would be perfectly sufficient to justify sanctions. But point 3? Not any business of the courts'!
He’s a Federal Class bureaucrat and think all our institutions of government should be deployed to protect them or provide them wealth and power.
First, your line-drawing about what's legal and what's not is not clear at all.
Second, our branches of government are organs of the state, not separate silos.
Maybe the government should have been thrown into disrepute!
OK. But don't demand the government go along with you when you do that.
By your reasoning here the courts could justify sanctioning a plaintiff any time they sue over something that makes the government look bad
No, you don't get to conflate 'the government screwed up this time' with 'the election was rigged, and the current administration is illegitimate, and it's all being kept from the American People.'
Not the same thing.
It's gratuitous, but also the main interesting issue here.
Point 3 is valid only in so far as there is no legitimate value to the lawsuit in any other context. If there is, whether the suit causes lack of confidence in the election is completely irrelevant.
It's only an issue if the suit is inherently frivolous and was only filed to hurt the government.
As opposed to legions of lawsuits and criminal investigations to hurt political opponents.
Courts are also not a place to assist in spreading disinformation. If a lawyer files a case full of lies just to help spread those lies, that is absolutely sanctionable. If those lies attack the foundation of our democracy, then that is even worse.
That's not the reasoning, Brett. Usually the only way to infer an "improper purpose" is finding an absence of legal basis for the action. For example, one is free to sue for racial discrimination, but if one sues in absence of any evidence in order to convince others that the defendant is racist--say for example, by recycling allegations that have already been rejected by other courts--then one is filing suit for an improper purpose. It does not matter whether you or others sincerely believe the defendant is racist. It does not matter, in this case, that the target is the government.
Rule 11(b)(1) of the Federal Rules of Civil Procedure:
Here the district judge found an improper purpose. Whether the rule offends Brett´s tender sensibilities is not germane.
¨By your reasoning here the courts could justify sanctioning a plaintiff any time they sue over something that makes the government look bad, regardless of the merits.¨
Not true. A meritorious claim is not filed for an improper purpose. Seeking relief on the merits is why they built the courthouse.
Okay, but that’s irrelevant as it wasn’t the judge’s basis for awarding sanctions.
Are typing on a typewriter?? How does whatever you’re typing on even allow “irregardless”?? Although whenever I type “dictating” it becomes “dick tasting” for some reason. 😉
"whenever I type “dictating” it becomes “dick tasting” "
The groomers have taken control of your auto-correct.
Does Mike Lindell contend he is no longer a crackhead?
Does any evidence support such an assertion?
Thank you.
The pillow guy's lawyers are removing these machines from every state?
Are these machines used in every state? Are his lawyers strong enough to lift them?
Electoral fraud allegations are so funny! Ha ha!
If you can't laugh at Mike Lindell and the other "stolen election" kooks -- every one of them, without exception -- you are quite ready for replacement.
Your betters will oblige you in the natural course. You get to whine about it as much as you like, of course.
Thank goodness Mike Lindell chose the Republican-conservative side of the American political divide.
Are the backwaters genuinely so desolate that its residents are reduced to purchasing mediocre pillows online or by telephone? Has Walmart abandoned our rural stretches? Or is buying a pillow online and waiting for the mailman to deliver the package what passes for fun these days in the red states?
Carry on, clingers. With those miraculous America First Giza Dreams sheets (now on sale at miraculous prices!!!)!
(direct from Egypt/a>, but nobody tell the clingers)
Yay. Clingers. Drink.
If this brings a moment of comfort to your disaffected, defeated existence as you await replacement, I’ll drink to that.
I would tend to sanction only the lawyers in this case. Lindell is just a nutball. It was his lawyers' role to tell him no. There is a whole body of case law on when lawyers making frivolous claims can shift the blame to clients. Given the history of these claims, no lawyer should have signed off on them. On the other hand, there is no guarantee that the lawyers could pay up, so inclusion of Lindell might just be to assure payment.
I put the odds of his lawyer having a toupee and having a nickname like “The Hammer” and saying “even the person with the lowest passing bar exam score gets to be a lawyer” at 95%.
"I put the odds of his lawyer having a toupee and having a nickname like “The Hammer” "
The opinion states the names of the lawyers: Douglas A. Daniels and Heath A. Novosad. For photos https://dtlawyers.com/attorneys/
Neither appears to be guilty of a toupe crime but Novasad's grin; maybe he's commiting a Toobin.
A little digging shows Novasad worked at Bracewell & Giuliani. So maybe Rudy recommended him.
" Lindell is just a nutball. "
Delusion, disaffectedness, political desperation, and partisan polemicism seem strange foundations for a pass on accountability.
If one is prepared to assert that Lindell is deranged to a point at which he should be institutionalized, however . . .
His accountability should come with the main suit. At this point, a few hundred thousand or even a million or so is not going to give Lindell any second thoughts. But the sanction amount would probably take a nice chunk out of the attorneys' pockets. They've already decided to cut their losses--per a footnote in the opinion, the attorneys withdrew after the sanctions motion was filed. I suspect they did so that they can put all the blame on Lindell and argue that Lindell should pay most of the sanctions.
Lindell seems to have a history of trifling with the court in this matter. He attempted to appeal the district court´s dismissal of his motion to dismiss for failure to state a claim upon which relief can be granted, even though such an order is not subject to interlocutory appeal (absent a claim of immunity from suit). He has refused to participate in discovery notwithstanding the denial of his motion to dismiss. https://www.businessinsider.com/judge-rejects-mike-lindells-attempt-to-get-dominion-lawsuit-dismissed-2022-3
Lindell is fortunate to have avoided imposition of sanctions by the court sua sponte.
Chattering about an appeal here disregards Molly Ivins´ First Rule of Holes: stop digging.