Showing posts with label U.S. Circuit Court Of Appeals. Show all posts
Showing posts with label U.S. Circuit Court Of Appeals. Show all posts

Thursday, July 24, 2025

Mike Lindell Wins Appeal In $5 Million Alleged Election Fraud Case

A federal appeals court ruled Wednesday in favor of MyPillow CEO Mike Lindell, overturning an earlier arbitration decision that ordered him to pay $5 million to a software developer who challenged his claims of foreign interference in the 2020 election.
A three-judge panel for the 8th US Circuit Court of Appeals issued a unanimous decision that determined the arbitration panel exceeded its authority.



“Fair or not, agreed-to contract terms may not be modified by the panel or by this court,” US Circuit Judge James Loken wrote in the 12-page decision. 



In 2021, Lindell hosted a "Cyber Symposium" where he claimed data showed Chinese election interference in the 2020 election. Lindell offered $5 million if someone could prove the data was "unequivocally" not related to the election. This prompted software developer Robert Zeidman to issue a 15-page report against the data. 
While the challenge judges ruled he did not meet the standards required for the $5 million, an arbitration panel later ruled that Zeidman is entitled to the prize. The panel found that Zeidman successfully proved that Lindell's data was not election data.
However, the appeals court has now ordered a lower court to immediately wipe the $5 million award. Loken said the judges found that the panel had "effectively amended the unambiguous Challenge contract when it used extrinsic evidence to require that the data provided was packet capture data, thereby violating established principles of Minnesota contract law and our arbitration precedents."



“This is vindication. This opens a door that no man can shut. I am so excited. I mean, this is an answer to prayer,” Lindell said in an interview with The Hill.


https://thepostmillennial.com/breaking-mike-lindell-wins-appeal-in-5-million-alleged-election-fraud-case

Wednesday, March 20, 2024

BREAKING: Fulton County Judge Certifies Order re: Willis and Wade to Allow for Immediate Appeal.

Following the Friday decision by Fulton County Judge Scott McAfee regarding motions to disqualify District Attorney Fani Willis and her lead prosecutor (and former love interest) from the case involving former President Donald Trump and multiple other defendants over purported interference in the 2020 election, Trump and his co-defendants filed a motion seeking to have the judge's order certified so that they could appeal it immediately.
McAfee ruled that Willis could remain on the case but that in order to do so, she must fire Nathan Wade. Wade withdrew from the case shortly thereafter.
The defendants then moved for certification of McAfee's order to allow for an interlocutory appeal. (Normally, appeals may only be taken after the trial of the case is completed. However, in certain instances, a judge's ruling may be certified/deemed appealable so that the issue can be addressed on appeal before the case proceeds.)
On Wednesday, McAfee issued a "certificate of immediate review," thus greenlighting the immediate appeal of his order.
This will allow for immediate review of McAfee's ruling by the Georgia Court of Appeals. 


https://twitter.com/TamarHallerman/status/1770460829625823651?ref_src=twsrc%5Etfw%7Ctwcamp%5Etweetembed%7Ctwterm%5E1770460829625823651%7Ctwgr%5E7a297e4f1adb743275912982f77fdbf760eb4593%7Ctwcon%5Es1_&ref_url=https%3A%2F%2Fredstate.com%2Fsmoosieq%2F2024%2F03%2F20%2Fbreaking-fulton-county-judge-certifies-order-re-willis-and-wade-to-allow-for-immediate-appeal-n2171638

As noted, the Court of Appeals has discretion as to whether or not it will take up the appeal. They could decline, in which case McAfee's order will stand. If they do take it up, this will further delay the proceedings in Fulton County.
For those howling about the delay, it would be highly impractical for the case to proceed through trial when it is possible that ultimately, after all the cases are tried to verdict, an appellate court would review and determine that Willis should not, in fact, have been allowed to remain on the case. Which would mean all of the cases would need to be retried. In the interests of judicial economy, an immediate appeal makes far more sense.
Now, as indicated, it will be up to the Court of Appeals to determine the next move.

https://redstate.com/smoosieq/2024/03/20/breaking-fulton-county-judge-certifies-order-re-willis-and-wade-to-allow-for-immediate-appeal-n2171638

Sunday, December 3, 2023

Florida just got a huge win in the courts and it impacts the entire country.

The state of Florida just scored a huge win in the state’s court of appeals and it directly impacts the entire country. As you might have imagined, it has everything to do with their new redistricting maps for the House of Representatives.
‘The First District Court of Appeals today reversed an earlier decision that struck down the state’s new redistricting maps based on race, claiming it infringed on a black voter’s right to pick a representative of their choice and violated state law.
The en banc reversal was overwhelming, with 8 judges voting for the reversal and only 2 objecting.
Here’s more from Florida’s Voice:

The First District Court of Appeals upheld Florida’s congressional map after a prior court struck it down over concerns about violating racial representation requirements as outlined in Florida law.
It said that the prior decision striking down the new map falsely placed “a racial segregation mandate” into Florida’s constitution.
In the prior ruling, Circuit Judge J. Lee Marsh declared the map reduces the ability of Black voters to pick a representative of their choice in North Florida.
In Friday’s ruling, the court ruled that the prior decision ran contradictory to the Florida Constitution.
“The constitution cannot demand that all voters are treated equally without regard to race and at the same time demand that voters are treated differently based on race,” the ruling said.
The new map got rid of a minority district that spanned a large portion of the northern part of the state.
“The districts cannot be drawn to diminish an individual racial-minority-voter’s ability to elect a representative of choice as compared to an individual non-racial minority-voter,” the ruling said. “This is ultimately accomplished by ensuring all voters are treated equally without regard to race.”
The court concluded that the equal protection language in the Florida Constitution contains an “express prohibition on the consideration of race.”
“We are therefore correct to reverse the final order and remand to the trial court,” it said.
The case is between Florida Secretary of State Cord Byrd and the Florida Legislature, and a variety of activists and activist organizations like Black Voters Matter Capacity Building Institute and the League of Women Voters of Florida.’

Remember, this is a redistricting map that Governor DeSantis created after the legislature failed.
As a reminder, the top part of the state went from this gerrymandered mess:


To this more equal representation of what voting districts should look like:


https://therightscoop.com/boom-florida-just-got-a-huge-win-in-the-courts-and-it-impacts-the-entire-country/

Saturday, September 30, 2023

 Federal Court Rules In Favor Of Free Speech, Strikes Blow To Gender Ideology.

On Friday, the Eighth Circuit Court of Appeals ruled that an Iowa school district’s policy forcing students to “respect” their class-mates’ so-called “gender identity” or risk discipline was a violation of the First Amendment.
In 2022, Parents Defend Education sued Linn-Mar School District on behalf of a group of unnamed parents over its aforementioned policy, arguing that the rules were opaque and constituted compelled speech. The Eighth Circuit agreed with PDE and remanded the case with instruction to block enforcement of the school district’s handbook on the matter.
“We are gratified that the Eighth Circuit upheld the rights of families and students in Linn-Mar,” PDE said in a statement sent to The Daily Wire. “It is never acceptable to prohibit speech with vague terms that allow arbitrary enforcement, especially when compelled student speech is at stake, and this sends a clear message to other districts across the country with similar bullying and harassment policies on the books.”
Some of the parents in the case argued that Linn-Mar’s policies would block the “open exchange of ideas” by “chilling speech” such as the idea that “biological sex is immutable” or that “that a biological male who identifies as female should not be allowed to compete in women’s sports,” The Des Moines Register noted. Voicing opinions that could run contrary to radical gender ideology could have resulted in students being punished.
The judges agreed with those arguments and ruled, “The policy broadly prohibits a refusal to ‘respect a student’s gender identity.’ The policy does not define ‘respect,’ and the expression of opinions like those held by parent G’s child arguably would violate the policy,” the decision said.
When PDE first sued Linn-Mar, Iowa had yet to pass a law banning school districts from ignoring or excluding parents’ say as it relates to their children’s preferred pronouns and gender identity. Linn-Mar had previously created a policy stating that schools must prioritize the wishes of students over their parents. Since then, Iowa has banned such practices. The court noted that such a policy is illegal in Iowa.
“The Eighth Circuit also made clear that Linn-Mar’s parental exclusion policies are now unlawful throughout the State of Iowa,” PDE added. Yet these policies remain on the books in far too many districts across the country. Parental exclusion policies are a loser in the court of public opinion — and I have no doubt that they will eventually be struck down in the court of law as well.”

 

 

https://www.dailywire.com/news/federal-court-rules-in-favor-of-free-speech-strikes-blow-to-gender-ideology

Saturday, July 22, 2023

 Miss Italy bans transgender contestants, must be a woman from birth: 'Will not jump on the glittery bandwagon of trans activism.’

The Miss Italy pageant has banned transgender contestants from taking part in the beauty contest.
"Lately, beauty contests have been trying to make the news by also using strategies that I think are a bit absurd," Miss Italy Official Patron Patrizia Mirigliani said, according to TND. "Miss Italia, on the other hand, will not jump on the glittery bandwagon of trans activism."
"Since it was born, my competition has foreseen in its regulation the clarification according to which one must be a woman from birth. Probably because, even then, it was foreseen that beauty could undergo modifications, or that women could undergo modifications, or that men could become women," Mirigliani said during an interview with Radio Cusano earlier this month.
The Miss Italy pageant banning transgender contestants arrives just weeks after a transgender beauty queen contestant was crowned Miss Netherlands 2023. Rikkie Valerie Kolle – a 22-year-old biological male – defeated a field of nine biological women to be named Miss Universe Netherlands.
Transgender beauty contestant Angela Ponce was Miss Spain in the Miss Universe contest in 2018.
The Miss Universe changed its rules to allow transgender contestants to compete in 2012.
In October 2022, transgender billionaire Anne Jakkaphong Jakrajutatip purchased Miss Universe, Miss USA, and Miss Teen USA.
"It’s the No. 1 beauty Olympics in the world, but it’s not just about beauty, it’s about the iconic woman — beauty, brains and leadership," the new owner with two children said at the time. "I believe in the power of women to transform into the best versions of themselves."
Jakrajutatip added, "I was bullied a lot in school, because I was a woman trapped in the wrong body."
In 2022, the San Francisco-based 9th U.S. Circuit Court of Appeals ruled that the Miss United States of America contest could not be forced to allow transgender contestants to compete in its pageants.

 

https://www.theblaze.com/news/miss-italy-transgender-canidates-ban

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