"The last guy who pointed at me I tagged him for 454 Million dollars."

[DemocratSinceBirth]

Last edited Tue Mar 20, 2018, 09:18 PM - Edit history (1)

Michael Avenatti, lawyer for Stormy Daniels to David Schwartz, friend of and lawyer for David Cohen.

[spanone]

1. schwartz must be auditioning for a job in the trump admin.

[DemocratSinceBirth]

2. This is great TV

[Glamrock]

10. What?

[DemocratSinceBirth]

11. HERE

[Glamrock]

12. Grassy ass DSB!

[Glamrock]

13. Yeah, man!

That was great tv!

[Raven123]

3. A wildly entertaining debate

I don't know who will prevail in court, but clearly Schwartz isn't in command of the facts.

[Siwsan]

4. Schwartz is so frenetic. Avenatti is cool as a cucumber

Smooth as silk. Unflappable.

[DemocratSinceBirth]

5. Avenatti is a race car driver. It takes some onions to drive a car 200 miles per hour.

[Siwsan]

6. It was a thing of beauty to watch

I think I have a new crush.

[DemocratSinceBirth]

7. The idea of Trump collecting the 20 million is laughable

He will be as successful as Fred Goldman collecting the 25 million civil settlement from O.J. Simpson.

[Siwsan]

8. Precisely.

I heard someone else say that a penalty like that would likely be thrown out as excessively punitive, anyway.

[DemocratSinceBirth]

9. In the worst case she can declare bankruptcy which wipes out most civil judgments.

Team Trump probably blinks first from the negative publicity. It reminds me of the Marv Albert trial. The revelations became so embarrassing that he plead guilty to a reduced charge to make it all go away.

[Glamrock]

14. He did no good for Trump at all!

I'm sorry man. Your argument of contract law did nothing to dispel the rumor of the sitting presidunce fucking a porn star while his wife was recovering from childbirth. In fact, you made him look more guilty.

[Dread Pirate Roberts]

15. Five minute law school for Mr. Schwartz

I guess he was sick the day they taught contract law. Let's put aside the fact that this non-disclosure agreement is headed for the trash bin. No court is going to uphold a $1 million/event damage clause. But hey, he sure can bloviate and a $20 million dollar law suit sounds so important, especially to Trump's minions. Plus she can always follow the Trump example and go bankrupt!

Restatement 2d Contracts § 356:

(1) Damages for breach by either party may be liquidated in the agreement but only at an amount that is reasonable in the light of the anticipated or actual loss caused by the breach and the difficulties of proof of loss. A term fixing unreasonably large liquidated damages is unenforceable on grounds of public policy as a penalty.

UCC § 2-718:

(1) Damages for breach by either party may be liquidated in the agreement but only at an amount which is reasonable in the light of the anticipated or actual harm caused by the breach, the difficulties of proof of loss and the inconvenience or nonfeasibility of otherwise obtaining an adequate remedy. A term fixing unreasonably large liquidated damages is void as a penalty.

[DemocratSinceBirth]

16. Nice job...

Remember the Marv Albert trial... He had a great lawyer, Roy Black, who successfully defended William Kennedy Smith. He eventually threw in the towel because the revelations in the trial were so embarrassing.