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Reply to "Lively/Baldoni Lawsuit Part 2"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Judge was tough on both sides. I don't think he's decided, personally. He sounded open to arguments on both sides, and skeptical of both.[/quote] In what world was he tough on Ellyn? He barely questioned her. He clearly has concerns this law as applied here would violate the first and seventh amendment.[/quote] Yes, and I don't think Gottlieb suggested a way around it. But the 7th seems to be the bigger obstance. I'll admit that I didn't really focus on 47.1 as he didn't rely on it in reaching his decision on Lively's MTD. It's super problematic -- probably unconstitutional conceptuallly and poorly drafted as it doesn't establish a procedure for awarding special damages. I don't think he wants to find it unconstitutional, he may go with the prececdent Ellyn gave him, and rule that it isn't invoked here because the MTD was not decided on the basis of the 47.1 privilege.[/quote]
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