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Sean ‘Diddy’ Combs loses $100m default judgment over sexual assault allegations
(www.theguardian.com)
this post was submitted on 10 Sep 2024
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"Court records show that Cardello-Smith is incarcerated at the Earnest C Brooks correctional facility after multiple previous convictions of criminal sexual misconduct. The Metro Times reported that he taught himself criminal and civil law during his incarceration while also developing “a long history of challenging the judicial system” with lawsuits.
Combs is not the only prominent defendant named in one of those lawsuits. Another is the Roman Catholic archdiocese of Detroit, in a lawsuit alleging that two of the organization’s priests as well as one of its lay employees sexually abused Cardello-Smith between 1979 – when he was about seven years old – and 1993."
I don't see how Combs doesn't appeal this, and get this stayed, now that there's a judgement. Dudes not going to start simply paying this may $10 million a month.
Nice victim shaming attempt, when his own record since his alleged Combs assault plays no part in this (his first offense was 1998 - which is a year after the alleged assault). An assault like this can mess people up, although that doesn't excuse his wrongs, but they may help explain his mindset.
You also left out 2 of the more key parts of your cherry picking -
A judges don't usually hand out restraining orders like candy on Halloween, and I assume when the person asking is currently incarcerated even less so?
So Combs went to the jail himself to talk with this guy instead of sending a lawyer on his behalf, interesting that.
He didn't even contest it in court though - wouldn't that make an appeal difficult?
I mean it's the law so lawyers can try whatever appeals they like but from my incredibly limited understanding, default judgements aren't usually appealable unless there was a structural/procedural mess up.
So if combs wasn't notified (we all know that's not true), or if there was a reasonable reason he didn't respond (got into a car accident on the way to the courthouse/deployed to Iraq), or some local procedural misstep by the plaintiff.
But failing that courts are pretty strict about enforcing default judgements as final. God knows they don't want people just not showing up as a tactic.
On the surface, the order seems like it couldn't be appealed for most of the usual reasons. I wonder if they could play the "my client couldn't respond because it may violate his 5th amendment rights in a related criminal case" or something like that. That seems like the type of thing a lawyer might try.
It's a civil trial - IIRC you can't plead the 5th in civil trial in the same way you can a criminal trial. The only thing I think they have a chance with is the amount.