Fogbow

Posted: **Wed Jun 02, 2021 8:19 am**

Squidly's Attorney Howard Kleinhendler is representing former Home Depot CEO Bernie Marcus's advocacy group Job Creators Network in its $1 Billio lawsuit against Major League Baseball for moving the All-Start Game out of Atlanta. They are claiming that MLB is a state actor and the people are being denied their civil rights.

‘Kraken’ Attorney Files $1 Billion Lawsuit Against MLB for Moving All-Star Game, Claims League Is ‘State Actor’ That Deprived Georgians of Civil Rights
https://lawandcrime.com/high-profile/kr ... il-rights/

An attorney known for his role as a member of Sidney Powell’s so-called “Kraken” legal team that filed a slew of unsuccessful lawsuits challenging the presidential election is now suing Major League Baseball (MLB) for moving next month’s All-Star Game out of Atlanta.

The lawsuit, filed Monday in the U.S. District Court for the Southern District of New York, alleges that MLB, the players union, and Commissioner Rob Manfred, violated the civil rights of Georgia’s residents and businesses by moving the game to Denver in response to the Peach State’s new voting law, which opponents have called a “voter suppression bill” meant to appease “conspiracy theorists” upset about the 2020 election outcome.

The suit by attorney Howard Kleinhendler on behalf of the Job Creators Network, a conservative advocacy group founded by former Home Depot CEO Bernie Marcus that receives significant funding from the Mercer Family Foundation, seeks punitive damages of “not less than $1 billion.”

“Probably the most frivolous lawsuit filed in federal court in recent memory,” Atlanta-based lawyer and legal analyst Page Pate reacted to the suit. “Not a single claim has legal merit. I expect the lawyer will be sanctioned if he doesn’t immediately dismiss it.”

Covered also by Fox Business.
https://www.foxbusiness.com/sports/job- ... of-atlanta

Posted: **Wed Jun 02, 2021 8:24 am**

This whole right wing full court press against business is just surreal.

I mean, I get it, now that business has turned on them (in their minds), they are turning on business.

But it's weird man. Real weird.

Posted: **Wed Jun 02, 2021 8:58 am**

A business is a “State Actor?” I thought businesses were people.

Posted: **Wed Jun 02, 2021 9:00 am**

Governments are people, my friends. They just need to be drowned in the bathtub.

Posted: **Wed Jun 02, 2021 9:10 am**

MikeDunford did a thread on this last night. He is not impressed.

Posted: **Wed Jun 02, 2021 11:53 am**

roadscholar wrote: ↑Wed Jun 02, 2021 8:58 am A business is a “State Actor?” I thought businesses were people.

The short answer is that suit argues MLB is an extension of the state because it enjoys an exemption from antitrust legislation.

The shorter answer is

And, as always, Mike D.'s explainer is great: funny while informative.

Posted: **Wed Jun 02, 2021 1:51 pm**

$1B, eh? sounds like she wants MLB to pay her judgment (when she gets slapped with it) to Dominion

Posted: **Wed Jun 02, 2021 2:19 pm**

Sanctions baby, I want sanctions, sua sponte. NOW.

Posted: **Thu Jun 10, 2021 3:32 pm**

Our very own Mike Dunford is live-tweeting the oral arguments.
It's not going well for the plaintiff's lawyer. The hole he is standing in is getting deeper by the minute. The judge seems to have read a lot of stuff, and he is talking himself deeper and deeper.

Posted: **Thu Jun 10, 2021 3:40 pm**

I am not a lawyer, but to my eye, this looks like a judge signalling "you still don't have standing". <href="">

Posted: **Thu Jun 10, 2021 3:40 pm**

gshevlin2 wrote: ↑Thu Jun 10, 2021 3:32 pm Our very own Mike Dunford is live-tweeting the oral arguments.
It's not going well for the plaintiff's lawyer. The hole he is standing in is getting deeper by the minute. The judge seems to have read a lot of stuff, and he is talking himself deeper and deeper.

Some good stuff in here, recommend the thread fo shure.

Posted: **Thu Jun 10, 2021 3:42 pm**

It's getting worse...I think the sides just caved in on the plaintiff's lawyer.

Posted: **Thu Jun 10, 2021 4:20 pm**

"Kleinhendler just argued that Baseball's action violates Shelby County v Holder because it's a preclearance requirement."

Posted: **Thu Jun 10, 2021 5:32 pm**

Dismissed from the bench. This is my shocked face.

Posted: **Thu Jun 10, 2021 5:38 pm**

I think the judge just did the court-speak equivalent of standing up, tearing the entire pleading into lots of little pieces, and then piling them in front of her and lighting them with a blowtorch.
I am not sure where the plaintiffs go from here, but they are probably dumb enough and funded enough to try an appeal.

Posted: **Thu Jun 10, 2021 5:43 pm**

Mike's excellent blow-by-blow shows that if the plaintiff's argument was a ship, it is now at the bottom of the ocean, with the hull full of torpedo holes.

Posted: **Thu Jun 10, 2021 5:47 pm**

gshevlin2 wrote: ↑Thu Jun 10, 2021 5:43 pm Mike's excellent blow-by-blow shows that if the plaintiff's argument was a ship, it is now at the bottom of the ocean, with the hull full of torpedo holes.

And if it was a ship, it was definitely a dinghy.

If the case had some plausible merit, the judge would have taken some time to write an opinion. Instead, she said 'Back in 5 minutes', went back to her chambers, grabbed the opinion she clearly had already written, and read all 20+ pages of it from the bench.

Posted: **Thu Jun 10, 2021 6:15 pm**

When a judge does that, it means 2 things:

1. The original pleading was horribly bad
2. The plaintiff lawyer added zero value in oral argument

Posted: **Thu Jun 10, 2021 6:53 pm**

That hearing was a thing. Especially the bit at the end when the judge told Howie to go buy the transcript.

Posted: **Thu Jun 10, 2021 7:52 pm**

MikeDunford wrote: ↑Thu Jun 10, 2021 6:53 pm That hearing was a thing. Especially the bit at the end when the judge told Howie to go buy the transcript.

:noteworthy:

Though it is a close call, I'm thinking Howard would have had a better day if he was Orly Taitz.

I sort of feel bad for the law school at Temple. First Mario, now this.

Posted: **Fri Jun 11, 2021 10:03 am**

KickahaOta wrote: ↑Thu Jun 10, 2021 5:32 pm Dismissed from the bench. This is my shocked face.

Welcome, KickahaOta! I enjoyed your comments. You do a great Invisible Man/Woman/Trans/Gender Fluid imitation.

Posted: **Fri Jun 11, 2021 10:15 am**

Thanks. I was a semi-lurker for a while, but dropped off somewhere in 2019. I had to check back to see what Sporky was up to.

Posted: **Fri Jun 11, 2021 11:40 pm**

Reason (The Volokh Conspiracy): Judge Denies Request for Injunction to Keep Baseball All-Star Game in Georgia:

The disastrous oral argument produced a quick ruling from the bench.

* * *

If anything, the judge was gentle. To get a better picture of how bad the argument went, read these real-time threads by Mike Dunford and Akiva Cohen to believe it.

Fogbow

Job Creators Network v MLB (Suing for Moving All-Star Game)

Job Creators Network v MLB (Suing for Moving All-Star Game)

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Re: Job Creators Network v MLB (Suing for Moving All-Star Game)

Re: Job Creators Network v MLB (Suing for Moving All-Star Game)

Re: Job Creators Network v MLB (Suing for Moving All-Star Game)