Mike Lindell’s pillows will only have a little less filling in them soon enough due to his legal tricks. MyPillow’s litigation strategies have been about as solid as his election fraud claims - they were stupid - and that could cost him dearly.
After Dominion Voting Systems sued him for defamation in a federal court in DC, Lindell and his company filed a counterclaim against Dominion and its direct competitor, Smartmatic, alleging civil RICO and defamation. And he filed it in the Minnesota District, obvious.
U.S. District Judge Patrick Schlitz denied Lindell’s invitation to punish Dominion Voting Systems for prosecuting Mike Lindell and transferred the case to DC, at which point Smartmatic warned that he would seek Rule 11 sanctions against Lindell. and his lawyers. But these brain geniuses ignored the threat and instead rejected their claims against Smartmatic, then added the company again as a third party defendant in the pending Dominion case. Only this time, in addition to the RICO defamation charges, Lindell accused Smartmatic of falsifying witnesses by letters of cessation and resignation sent to people who made false statements about the company.
Last week, Judge Carl J. Nichols got fed up. Not only did he accept Smartmatic’s dismissal motion, but he also agreed to sanction Lindell, his company, and his lawyers Douglas A. Daniels and Heath A. Novosad have both since withdrawn.
“In particular, the Court concludes that at least Lindell’s claim against Smartmatic under the Support or Advocacy Clause falls on the frivolous side of the line (and so do other claims),” he wrote. “Consequently, the Court orders Lindell and her former adviser to pay part of the fees and costs incurred by Smartmatic in defending themselves and seeking sanctions in accordance with Rule 11.”
The court invited Smartmatic to file its claim for damages, and on Friday, lawyers Benesch, Friedlander, Coplan & Aronoff, LLP did just that.
“Smartmatic is seeking a reward of at least $ 546,156 for reasonable legal fees for 1168.6 hours of work in investigating, researching and drafting several complex motions, plus $ 400 in costs,” they said, describing the figure as a reduction of 18. 4% of actual time spent. , in defiance of Judge Nichols’ conclusion that only “some” of Lindell’s claims were completely frivolous.
But they are quick to point out that if Judge Nichols wants to make an example of this pillow pumping bozo with his $ 2 billion RICO LOL suit, they will gladly take the full amount.
Thus, while Smartmatic acknowledges that the Court is inclined to award “some” fees and that the lodestar below is presumably reasonable, the Court could go further and award up to $ 658,646.73 within the limits of Rule 11. has there ever been a case of applying the full force of Rule 11, that is it.
They also note in a footnote that only Lindell’s lawyers - that is, not their client - are about to make frivolous superficial arguments in a plea that violates Rule 11 (b) (2).
Mistakes were made. The only question left is how expensive those mistakes will be.
And, hey, PS: If Smartmatic gets penalties and fees from Lindell and his lawyers, then you can bet Dominion will ask for a lot of over $ 546,000 when this absurd misfortune finally ends.
US Dominion Inc. against MyPillow Inc. [Docket via Court Listener]
Liz Dye He lives in Baltimore, where he writes about law and politics.