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SP5 Mark Kuzinski
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996dbfd1
A6af0115
YES, YES, YES!!!!!!
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CWO3 Us Marine
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RICO, wow.
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Lt Col Charlie Brown
Lt Col Charlie Brown
5 y
Thank you LTC Wayne Brandon and Sgt A as I obviously didn't know about this. Nor did I know about the Justia Dockets and Filings. I did a search but this didn't come up in it.
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SGT Retired
SGT (Join to see)
5 y
LTC Wayne Brandon - count three was dismissed due to being time barred. The statute of limitations has long expired. Even if a court found it had any credence, it wouldn’t matter. Refer to page 18 of the decision. I would imagine that even upon nay appeal or refile of the same claim, that count would encounter a similar fate.

I would imagine any appeal of the case will encounter a similar fate. Byrne had to refile a few times in order to get things correct, and ultimately, it was decided that his attorneys really failed to prove any damages. Pages 13-18. Probably the most telling line, in referencing to the complaint that the defendants attacks caused Byrne monetary damage was:
“In fact, the scant facts contained me the Amended Complaint tend to disprove the likelihood that the defendants’ conduct had a negative impact on sales.”
It then goes on to reference how though the alleged defamatory behavior was occurring during the release of his book, it became a New York Times best seller.

For my own opinion...can he appeal or refile? Sure, I guess. As the facts stand, I don’t think the results will be any different.
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LTC Wayne Brandon
LTC Wayne Brandon
5 y
SGT (Join to see) -
I thought that as well as the Judge didn't seem real impressed with the effort made to convince the court of wrong doing but I was uncertain if there were other counts / allegations not mentioned in the order that may not have run their statutes giving Byrne another 'swing at the Piñata' so to speak.
I'm guessing you are either a practicing attorney or have a legal background from another field. Anyway, thanks again for the introduction to Justia Dockets and good talking with you.
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SGT Retired
SGT (Join to see)
5 y
LTC Wayne Brandon - I’ve definitely read a few books in the past, for sure. Likewise, I appreciate the level conversation about a controversial topic.

And I’m never shy about stoking the conspiracy flames, so I’d also like to point out that the Judge on this case, Paul Friedman, was appointed/confirmed in 1994...
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LTC Wayne Brandon
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It's not a good thing to be on 'Hillary's List'
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CWO3 Us Marine
CWO3 (Join to see)
5 y
Maybe a website opportunity like Craig's List. Dirty deeds done dirt cheap.
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