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Father of dead marine ordered to pay legal fees of crazy protesters - Page 2

post #51 of 60
3/31/10 at 4:53pm
Thread Starter 
I'm glad O'Reilly did this.

He can afford it, it's not a big sacrifice for him at all, and it's an issue that everybody can agree on. However, I hate that they even get this money, I think they represent themselves in the first place so this looks like a profit for Phelps!!!
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post #52 of 60
3/31/10 at 4:57pm
Quote:
Originally Posted by ElCapitanAmerica View Post
I'm glad O'Reilly did this.

He can afford it, it's not a big sacrifice for him at all, and it's an issue that everybody can agree on. However, I hate that they even get this money, I think they represent themselves in the first place so this looks like a profit for Phelps!!!
Yeah, that's criminal.
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post #53 of 60
3/31/10 at 5:01pm
Yes, it's such a scam. The attorney for Westboro is Phelps' daughter. So, in essence, the alleged attorney fees are going right back into the Church. Even better, a huge portion of that $16,000.00 represents the copying of various motions, briefs and other pleadings (Phelps' daughter apparently charges her Pop 50 cents per page). While it's not completely unheard of to charge for copies, it's just salt in the wounds here.

As El Capitan mentioned...
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post #54 of 60
3/31/10 at 5:14pm
Quote:
Originally Posted by Cuchulain View Post
Fuck. Fuck. Fuck. Nothing good can come of this. Nothing. Fuck. (Why can't people just refuse to appeal to that level until at least a few of the crazier fuckers die? Why? It's like the public is begging these cunts to write bad case law.)
I don't know, I don't think this is too terrible. I suspect that, on the issue that's been appealed, the Westboro church will win. The thing is, they probably should win, despite the lousy taste it leaves in my mouth.

How the fees issue will shake out remains to be seen, since that's not what the Supreme Court is reviewing. That is, to me, the most distasteful element of the whole case. I suspect it has to be statutory, because nothing in the opinion reeks of a bad faith claim on the part of the father.
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post #55 of 60
3/31/10 at 6:30pm
Wow I hadn't even connected the fact that they technically represent themselves.

I would honestly appreciate it if somebody explained the legal reasons why the father was ordered to pay. I don't get it, at all.
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post #56 of 60
3/31/10 at 6:41pm
Quote:
Originally Posted by Francis Wolcott View Post
I would honestly appreciate it if somebody explained the legal reasons why the father was ordered to pay. I don't get it, at all.
I've done some mild searching today, and I can't seem to find the Fourth Circuit's order. Without it, all we can do is guess. Mattioli has a good summary of situations in which one party can traditionally be compelled to pay the other party's fees and costs a few posts up.

Have other chewer lawyers had better luck finding the opinion?
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post #57 of 60
3/31/10 at 6:45pm
Thread Starter 
You know, our association sued one of our neighbors because he decided to paint his part of the sidewalk (the guy is a jerk and had been doing other stupid stuff before). So, things went along and to make a long story short we lost. So every house in our subdivision had to pay that year a good chunk of money to cover this guys legals fees.

Surprise, surprise, he was being represented by his wife, who is supposed to be a lawyer. So again, in this case they made money.

Maybe in this case, both parties had agreed that the losing party was going to cover the legal costs? Or is this the standard for civil lawsuits?

BTW if this had happened in my country, this jerk's house would not be standing today.
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post #58 of 60
3/31/10 at 11:06pm
I've decided i hate ALL protesters: Code Pink, G8 Assholes, Phelp's Faggots, Tea Baggers, all of them. There should be a dedicated YouTube page of videos showing all these people being beaten.
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post #59 of 60
4/1/10 at 11:11am
Quote:
Originally Posted by The LD View Post
Have other chewer lawyers had better luck finding the opinion?
There's a fourth circuit opinion from Fall of last year. It does not discuss the fee aspect of the case. Other than that, the case history only indicates that the Supreme Court has, as I mentioned, granted certiorari. While I can't copy and paste the opinion (Westlaw will be super pissed), I'll be happy to give you the nuts and bolts of it when I have some free time.
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post #60 of 60
4/1/10 at 11:56am
Oh, I found that...skimmed the district court opinion, too. But, Huffpo (I think) referenced a two-page order or opinion on the fees issue. I'd love to get a chance to read that. But, if you check out the fourth circuit's site, they don't have an opinion in the case released within the last two weeks. So, color me a bit confused on that front.
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