Tuesday, February 5, 2013

Frivolous & Vexatious



Bill Maher

In January, Bill Maher appeared on the Tonight Show and announced he would donate $5 million to charity if Mr. Trump provided evidence that he was not the "Spawn of his mother having sex with an orangutan". 

For those like me with little stomach to watch all of Bill Maher,  the incident in question appears at 0:06:35 and runs through 0:07:00

Donald Trump

Or more precisely Donald Trump's lawyer Scott Balber sent a letter to Mr Maher stating:

I write on his behalf to accept your offer (made during the Jay Leno Show on January 7, 2013) that Mr. Trump prove he is not the "spawn of his mother having sex with an orangutan."

Attached hereto is a copy of Mr. Trump's birth certificate, demonstrating that he is the son of Fred Trump, not an orangutan. Please remit the $5 million to Mr. Trump immediately...
The story and letter were reported at the Guardian, while News Busters reports that a lawsuit was filed in California Court.

The Judge

Well Mr. Balber, you're lucky I'm not the judge... for you would on the court's initiative be ordered to show cause why you have not violated Rule 11b:

Representations to the Court. By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:

(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;

(2) the claims, defenses, and other legal contentions are warranted by existing law or by a non-frivolous argument for extending, modifying, or reversing existing law or for establishing new law;
 While I am none to fond of Bill Maher, or Donald Trump for that matter, it is bullshit like this that clogs our legal system and rest assured, I would dismiss this with prejudice and appropriate sanctions.

The Hanging Judge

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