The Volokh Conspiracy
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MyPillow CEO Mike Lindell Taken to Court for Refusing to Pay the Person who Proved Him Wrong
Even with the benefit of contest rules he wrote to favor his position, arbitrators ruled against Lindell, and he now faces a court action to make him pay up.
MyPillow CEO and noted 2020 election denier Mike Lindell offered to pay $5 million to anyone who could debunk his supposed evidence of Chinese government interference in the 2020 presidential election. A die-hard Trump supporter, Lindell apparently believes that the 2020 election was stolen, and that he has the evidence to prove it. There was a catch, however, as Lindell required that any such claims be submitted to an arbitrator, and the terms were written quite narrowly--but perhaps not narrowly enough.
Robert Zeidman, a computer forensics expert who had apparently voted for Trump twice, took Lindell up on his challenge. He analyzed the supposed evidence and demonstrated it was a steaming pile of digital detritus, and not evidence of any sort of election interference. Indeed, he showed (as Lindell's terms required) that the data had nothing to do with the 2020 presidential election. Lindell, expectedly, refused to pay, and the matter went to arbitration. There, despite Lindell having written the terms to make recovery difficult, the arbitrators sided with Zeidman.
Lindell, whose integrity apparently matches his understanding of election administration, still refuses to pay, prompting Zeidman to file suit in federal court.
Lindell may not have learned much about election administration through these travails, but it appears he is about to learn something about the enforceability of arbitration awards. He will no doubt drag this out as long as he can (and likely cite these travails as he tries to hawk more mediocre pillows), but he will eventually be forced to pay up--unless, of course, he is insolvent by then. Lindell is also facing multiple defamation suits from Dominion Voting Systems and former Dominion executives, and has been hit with legal sanctions for frivolous legal claims.
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Another non-story. So what are you actually saying. That because it is Lindell the law should be enforced but not otherwise? That one lawsuit's outcomes determines another? That is dumb.
That you don't like him. Okay, now say something adult
I think you are attempting to belittle this story. The significance of this is that a major claim of election fraud was rebuked. Lindell is like so many others that have been shown to be wrong about the election and like other he is refusing to concede. I would note this would have been a one-day story had Lindell just quietly paid the money. By refusing to pay he has made the story larger.
SO did you post about HIllary doing worse ?
This is history. Are you surprised that there is annoying diversity of people in the world. Debt Default, Deaths of Despair, plummeting education -- and you go after Mr Pillow
"and you go after Mr Pillow"
No, the guy he owes $ 5 Million is going after him.
Mr Pillow owes you $ 5 million
Biden has spent $8 Trillion so far and the waste is epic
"A Michigan State University economics professor discovered $21 trillion unaccounted for in the federal budget starting in 1998 until the end of fiscal year 2015. Professor Mark Skidmore enlisted the help of his graduate students to examine government documents from the Department of Defense and Housing and Urban Development to uncover an unfathomable amount of unauthorized spending."
So it isn't the money, it's Mr Pillow. Fine, just wanted to show that wasting money is not part of this.
Many have complained of the trillions. Many predicted the inflation, which happened right on schedule, amused at the flat out lies it wouldn't.
My Pillow guy needs to pay up.
Hillary tried to renege on a bet of more than $5 million? I missed that story!
Ya, me too.
I guess you're right about Mr. Pillow but let's not forget that Hillary is missing 30,000+ emails, returned her hard drive etched with acid, and had a questionable server that she used for government business. 2 wrongs don't make a right, but which of these examples could hurt us as a nation? Yes, I know that the article was about Mr. Pillow but Hillary was injected into the conversation by a Pillow hater.....
Can you cite to the portion of the post that you think is saying that?
Religion, we already have enough loser, firebombers here. You'd find a lot more content that doesn't bother you if you returned to Breitbart
Agreed - this is poor form.
One wonders if these arbitrators will ever be able to find jobs again.
Why do you wonder that? These were AAA arbitrators. They have nothing to worry about.
(I once had an AAA arbitration. Problem was, the amount was relatively small, so acc. to their rules, the arbitrator got a flat fee. Which incentivized him to do as little work as possible. He made a half-hearted attempt, and issued a poor ruling, IMO. We lost, even on the portion that the other side conceded we should win.)
BTW, it would be nice to have a link to the Complaint. Not able to find one in any of the news articles.
https://storage.courtlistener.com/recap/gov.uscourts.mnd.207955/gov.uscourts.mnd.207955.1.0.pdf
First mistake I noticed:
“Respondent Lindell Management LLC (“Lindell”) is registered in the State of Minnesota, with its principal place of business in Chaska, Minnesota.”
Nope, that does not make it a Minnesota entity for diversity purposes. You have to know the citizenship of its members. That’s a rookie mistake his lawyers made.
Other than that, the fact that the arbitrators awarded judgment means this is almost a slam-dunk. Very hard to overturn an arbitration award, unless there is bribery or some other wrongdoing.
I agree regarding LLC citizenship. Though it won't matter much unless the LLC can show a member has citizenship of Nevada, like the plaintiff.
Even so, it would by a pyrrhic victory. The district court clearly has federal question jurisdiction under 9 USC 9, which plaintiff pleads for venue. That statute confers jurisdiction to the district court for the district in which the arbitration award was made (Minneapolis, according to the complaint).
For what it's worth, I know a few people who bought pillows before Lindell's craziness was on full display, and they all liked them. Never tried one myself.
There was a giant pile of MyPillow products near the checkout lines at an Ollie's recently. I think the price was $5 for any item in the pile, marked down from $20.
If you like MyPillow products, or just want to support a delusional, unAmerican crackbrain at a closeout price, head toward Ollie's!
Because a truly out-of-it person would never buy a pilllow just because they need a pillow. The Rev, mangler of words, destroyer of thoughts.
Get an education, clinger. Begin with standard English.
Try to ditch the superstition, too -- unless you are younger than 12, in which case you should disregard that advice until you turn 12.
and you picture a thousand readers saying 'How witty! Brilliant !"
Younger than 12 --- Wow, that is Shakespeare stuff
He made his bed, let him lie in it.
Good one. 😉
They got Lindell. Everyone can sleep better now.
Lindell got himself.
I hope the award provides for payment of post-award interest.
Nowadays, in most jurisdictions, including federal, that tends to be miniscule. A small fraction of 1%. Usually not worth seeking.
New York is a notable exception, which provides for 9% post-judgment interest by statute.
Does anyone here think that the plaintiff should not get his $5mm?
I think it is so trivial a thing that I would be embarrassed to fire up neurons to answer.
Utter gibberish. Use complete English sentences, so that readers know what you are talking about. I assume you were attempting to say, "Of course the plaintiff should get his money. It's so obvious that I am embarrassed to fired up neurons to answer." Or something along that line of thought, yes?
Yeah, they certainly seemed outraged about it in his first comment calling it a non-story. That was gibberish too, though.
It took 2 posts for me to mute him, I certainly don't mind opinions I disagree with but lack of anything meaningful to say is just a waste of time.
Yet you managed to fire up enough neurons to bring Hillary Clinton into this somehow. Those Hillary neurons are just twitching away, aren't they. One might call them deranged.
"One might" -- how pretentious 🙂
Mike Lindell's net worth is estimated as between 20m and 300m. Even at 300m this is probably a painful lesson.
But massive respect for him making such a substantial commitment to self education.
Funny how leftists like Adler can look at 100%+ voter turnout and see that as perfectly legit but don't you dare note that or the rest of the midnight irregularities all going to one side and all in districts controlled by certain people, can't dispute the Party narrative. Marxists are the same everywhere and every last one is evil to the core.
You know, I think there were serious and valid complaints about the 2020 election. Rules being changed by executive branch fiat, courts overturning only part of election laws that had explicit non-severability clauses, elections observers being deliberately kept too far away to actually observe what was going on, private money laundered to local elections offices. It went on and on.
Mostly not "fraud", but not all forms of cheating are "fraud".
I really hate that the BS claims tend to overshadow the real problems, and make it easy for Democrats to dismiss real complaints.
No place had over 100% turnout. In states that permit election day registration, sometimes enough people registered on election day to drive turnout over 100% of the total registered before election day.
I happen to think that permitting election day registration is a bad idea, it allows no time to check if the registration is valid before the votes are counted. But it's still the law in some places.
'make it easy for Democrats to dismiss real complaints.'
What can Democrats do if there is actual proof of cheating? Just like the Big Lie guys, your 'valid' complaints are just a slightly more esoteric set of things for which you have no evidence.
There was no "100% + voter turnout" anywhere.
I'm confused. To be enforceable, doesn't a contract require there to be an exchange of some sort?
If, for example, Ford advertised they were giving away free cars. Then they changed their mind and decided not to give the cars away. Could they be sued to force them to give them away? My understanding was no. So if that's the case, how is this any different?
There are a number of ways. For example, a plaintiff can demonstrate detrimental reliance, which is also an element to fraud. If Ford intended to cause consumer activity (e.g. visiting the dealership) by making the promise, and thereby achieved the desired effect without ever intending to make good, that could be actionable. It might also violate state deceptive trade practices laws. You may recall that Pepsi's defense to not paying out a fighter jet was that the plaintiff could not have reasonably believed the promise, therefore could not have reasonably relied. Pepsi's defense was not (best made on) failure of consideration. So the short answer is yes, gratuitous promises can be enforceable.
The article was pretty good until you just had to insert your opinion on the quality of his pillows. Don't lower yourself to such standards.....
What does "TDS" have to do with the enforceability of an arbitration award?