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In reply to the discussion: Florida judge dismisses fraud lawsuit against DNC [View all]Jim Lane
(11,175 posts)In a thread like this, you have to pay attention to context:
* In #11, BainsBane wrote: "The imbeciles couldn't figure out that they didn't have a case for fraud when they never contributed to the DNC. They submitted fraudulent documents to the court...."
* In #15, I asked, "What's your basis for alleging that 'they never contributed to the DNC'?"
* In #16, BainsBane responded, "What evidence do you have to indicate they did?"
* In #17, I explained, "Their allegations are evidence." For simplicity's sake I was sliding over the technical details about verification of pleadings. The general point is that the complaint does allege that they made contributions (below I quote from the detail in the decision).
You're correct that the complaint doesn't allege that the donors relied on the promise of neutrality, but that's a separate issue from whether they were donors at all. I went into more detail about the failure to allege reliance in my post in another thread about this case.
Relevant to BainsBane's totally unsupported charge of fraud, here's the passage from Judge Zloch's decision that I relied on (I haven't read the complaint itself):
the First Amended Complaint (DE 8), the six named DNC Donor Class
Plaintiffs claim they suffered an injury-in-fact from the data
breach of the DNCs servers. Two of them, Cridde and Berners-Lee,
donated to the DNC by check. DE 8, ¶¶ 108 & 109. Two others,
Lynch and Young, allege they contributed to the DNC online, but
do not specify where. DE 8, ¶¶ 105 & 106. Davis donated money to
the DNC in various ways, including online at www.democrats.org.
DE 8, at ¶ 107. And Cork gave to the DNC but does not specify
where or how.
(Decision, page 19) The paragraph references are to specific numbered allegations in the complaint. I'm comfortable with assuming that Judge Zloch's statements about the allegations are correct.