The Title Of This Court Filing Will Amaze You!
Best title ever for an opposition to a motion to dismiss.
The infamous “Russia dossier,” in addition to launching a thousand “golden shower” jokes, also spawned a defamation lawsuit in Florida federal court. Tech executive Aleksej Gubarev and two companies he runs sued BuzzFeed for posting the dossier, claiming that the dossier contained false claims that Gubarev was involved in Russian hacking against the Democratic Party.
BuzzFeed apologized to Gubarev and removed his name from the dossier, but Gubarev is still moving forward with his lawsuit. And earlier this week, his lawyers — Evan Fray-Witzer, Valentin Gurvits, and Brady J. Cobb — submitted a filing with the best title we’ve seen in a long, long time:
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Footnote 1 to “Six Ways Buzzfeed Has Misled The Court (Number Two Will Amaze You)… And A Picture Of A Kitten” provides the document’s more sober alternative title: “Plaintiffs’ Opposition to Defendants’ Motion to Dismiss.”
UPDATE (12:43 p.m.): For those of you who are not familiar with Buzzfeed, Colin Daileda of Mashable explains: “Anyone who’s ever been to Buzzfeed knows it’s famous for its innocuous lists, and though it’s not clear whether the lawyers did this to troll the defendant or if they were out for clicks of their own, mission accomplished, on both counts.”
UPDATE (2:39 p.m.): From a BuzzFeed News spokesperson: “We’re surprised by the plaintiffs’ desire to make light of this matter, and we are confident in our motion to dismiss Mr. Gubarev’s suit.”
The rest of the 22-page document isn’t quite as delightful; its discussions of jurisdiction and venue will give you flashbacks to Civil Procedure class. But still, props to Gubarev’s legal team for not being afraid to have a little fun, while still advancing cogent legal arguments.
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And yes, dear reader, you can haz kitten picture (from Exhibit 41 via PACER, posted in full on the next page):
(Flip to the next page to read the full Plaintiffs’ Opposition to Defendants’ Motion to Dismiss, plus exhibits.)
These Reports Allege Trump Has Deep Ties To Russia [BuzzFeed]
BuzzFeed has apologized to a Russian executive named in the unverified Trump dossier [Recode]
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David Lat is the founder and managing editor of Above the Law and the author of Supreme Ambitions: A Novel. He previously worked as a federal prosecutor in Newark, New Jersey; a litigation associate at Wachtell, Lipton, Rosen & Katz; and a law clerk to Judge Diarmuid F. O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. You can connect with David on Twitter (@DavidLat), LinkedIn, and Facebook, and you can reach him by email at dlat@abovethelaw.com.
