>buddy getting sued by a 'medical marijuana' company for 'defamation'
>help him pull the lawsuit out of state court into federal court and write this up
How the fuck does a fucking WEED company get off trying to sue someone for '''''defamation'''''? Are you kidding me?
Best part is that this case was referred to a former federal prosecutor for a judge after removal.
Very interesting argument. It could hold water in most federal courtrooms, but the left coast isn't his best forum. More than likely the case will not be heard anywhere in a courtroom unless your friend has deep pockets or is a lawfag himself. Best of luck
>the case will not be heard anywhere in a courtroom
Nah, it's actually getting heard early March in San Francisco, assuming the cowards don't refuse magistrate judge jurisdiction, and an automatic appeal to the Ninth Circuit lies for a 425.16 motion in federal court.
I honestly will bring this shit up to the Ninth Circuit if necessary, for free. This is the dumbest shit I've seen this side of the 2010s.
>it won't happen
>yes it will, provided these conditions are met
i have something of a spoiler regarding said conditions
one you probably don't want to hear
If the plaintiffs refuse magistrate judge jurisdiction, the only difference is that it's going to go before a district court judge.
I'm gonna go out on a whim and guess that he knows more about the law than you do, leaf.
Good luck in the 9th circus if it gets that far. Those fucks can do some amazing mental gymnastics.
You need to file a notice of removal to federal court. You file the notice and attach the state court complaint as an exhibit. I hope the plaintiff has a lawyer that doesn’t specialize in dwi cases. Source- I’m a senior court clerk in a law firm.
She, actually. I think my chances in the Ninth Circuit are 50/50, because it's clear from Beyries (refusing nondischargeability judgment for a debt arising from money stolen by a lawyer from his weed company client) that there needs to be an actual public policy goal and a balancing of equities before you award anything to a criminal organization.
Then again, imagine the fucking violence it would do to the Supremacy Clause if they come up with some kind of bullshit argument that because he used state substantive law to strike their claims, he agreed only avail himself of the protections given by state law, or some other bullshit like that.
Why do you think I haven't already done this?
Sorry, reversal of order refusing nondischargeability*
Ohh, it's a lady-type lawyer.
>
Then again, imagine the fucking violence it would do to the Supremacy Clause if they come up with some kind of bullshit argument that because he used state substantive law to strike their claims, he agreed only avail himself of the protections given by state law, or some other bullshit like that
The idea of a dispute over defaming a head shop turning into a landmark case with major ramifications is amusing to say the least.
I havent fucked up greentexting for ages, I feel ashamed.
It's actually one of the big ones.
The funny thing is he didn't even defame the company. He just printed hundreds of flyers that said [COMPANY]'s new CEO is a homosexual sexual predator sociopath rapist dishonest scumbag or something like that and distributed them in (wait for it) Nevada.
I have no fucking clue why they brought the lawsuit in California state court where a 425.16 motion and diversity jurisdiction would mince them anyway, but no one ever said potheads were smart. Removed, waived personal jurisdiction and appeared so fast that their heads spinned.
>lawyer
I'm still in school, which is why I'm not straight-up representing him. Believe me, I would if I could.
>He just printed hundreds of flyers that said [COMPANY]'s new CEO is a homosexual sexual predator sociopath rapist dishonest scumbag or something like that and distributed them in (wait for it) Nevada
hahaha, what's his beef? Or does he mean it?
>I'm still in school
Makes sense, you dont seem defeated yet.
He cheated him out of something like $500,000, from what I can tell.
I mean, the defendant is definitely mentally ill, but I'm pretty sure he's not guilty of defamation - the plaintiff almost 100% is all of the above, and he has everything from his ex-wife to ex-co-workers to ex-friends who all pretty much agree that the plaintiff is an insane asshole and told the defendant as much. The standard for defamation of a public figure is 'a high degree of awareness of... probable falsity', so good luck producing competent evidence sufficient to support a judgment as a matter of law.
Like I said, I have no idea why they thought it would be a good idea to sue. Guaran-fucking-tee that the moment the 425.16 is granted, the defendant's mailing every single investor with a copy of the order dismissing his case because he couldn't prove that he wasn't a rapist scumbag swindler, etc etc etc.
sorry, an insane asshole who brings people to gay bars and tries to coerce them into fucking him*
If you go to a gay bar with the guy you're kinda asking for it, wouldnt you say? That's not really nail-polish remover they sell in the bathrooms
Fuck you man. Weed is amazing and stupid cunts like you who probably drink yourself to death every night to stop good people like me from being able to get high.I hope your friend gets sued and looses everything. Marijuana is amazing.
Apparently he 'coerced' them into doing it somehow, along with sexually touching employees during meetings and candidates during job interviews, and when he didn't reciprocate, he withheld his sales commissions and pay before firing him. I don't blame the defendant for going insane.
Talk like this makes me want to incinerate entire fields of pot with you staked out in the center.
>law
pattern recognition
can't teach that in school, they used to try
I don't drink or smoke, and I don't care about weed. I just think it's insane that a weed company can come within a hundred feet of a courtroom somehow.
depending on the state, that is if his operation can be legally ran there via marijuana dispensary, i dont see why not.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof... shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
Did the original constitution mention anything about consuming drug recreational, user? The constitution has been subverted to the point niggers are now citizens mind you.
I don't know what your issue is. You know someone who tried to ruin someone's business because, I don't know, he hates commerce and you're supporting him? Why? Selling goods is not a crime. Your "friend" is just an ass.
Okay, user.
Cheated him out of $500,000 and fired him when he refused to get into a gay relationship with him, or something.
>Selling goods is not a crime.
Yeah, sometimes it is.
All I'm saying is the Constitution is subverted and ruined. The blatant evidence for this is the fact niggers are citizens. The paper holds no value if jews can change its principles on a whim.
That sounds like a great argument. You should bring it all the way up to the Supreme Court.
Sorry user, only jews can be successful lawyers now.
Nobody here thinks you are in the right, looks like you're trying to prop up bad policy to the detriment of everyone in the country.
Haha, are you illiterate? Why would I give a shit if only two out of nine people on fucking Sup Forums thinks I'm in the right?
The junkie tries to defend his god drug.
He's not wrong though, technically.