- Dołączono
- 15 Sty 2019
I'm not 100% sure on this but I think court pleadings are exempt from protective orders like that. If they weren't, you couldn't ever have a remote chance of effectively responding to or fighting a protective order since you wouldn't be allowed to talk about the other party for fear of violating it. There are also legitimate reasons to bring up a protective order even in a seemingly-unrelated case (e.g. "I'm legally barred from going to MegaCorp Therapy Center(tm) because I have a TRO against me forbidding contact with one of its employees").IANAL, but I feel like his publicly calling Erica troubled, as well as calling her a liar, might constitute a violation of the protective order she has against him. Anyone with more knowledge care to confirm?
As stupid as the argument is that KF somehow exacerbated his case w/Erica, he's allowed to make it. He can also express his own views about that case and its details if he wants, though it's completely irrelevant to this case and the judge will just blow it off. Russ won't gain anything from including this whining (he certainly can't litigate that issue in this case), but he won't be punished for it either.
This is actually a fairly clever (albeit scummy) stunt people sometimes pull specifically to make something public that otherwise couldn't be because of an injunction, NDA, gag order, or whatever else. I think James Damore used this tactic to expose embarrassing internal Google documents and communications without risking violating his NDA with them. If memory serves, Google even tried to get it sealed and failed. Settlement or no, that case was very damaging to Google in large part because of that evidence.
While in that instance it was definitely a good move on Damore's part, here Russ is abusing the privilege to take another swipe at Erica. Sadly, because the alternative is worse, he's allowed to do it.
