Danny Cevallos: Why Sarah Palin lost her New York Times libel suit — twice. - NBCNewsTHINK
The one-time vice presidential candidate took her 2017all the way from complaint to trial to surviving a dismissal to jury deliberations. Then on Monday, just like that, Judge Jed S. Rakoff granted the Times’ motion for a judgment against Palin. The wild part is: The jury was still deliberating when he ruled. So Palin lost — and thenPalin probably feels like Rakoff put his judicial thumb on the scale in favor of the Times. But it’s more complicated than that.
Based on her statements in front of the courthouse, Palin seems to see this as a biased, intervening judge who was determined to deny her a jury trial, one way or another. And the fact that Rakoff — appointed by Democratic President Bill Clinton — already threw her case out once probably only adds to her sense of grievance. The libel case wasthat sent it back down to Rakoff for trial. Now it seems to her that the judge found a way to dismiss her case once again.
It’s not uncommon for litigants to feel like a judge has something against them. I admit: As a defense attorney, I often have. Nearly all lawyers do at one point or another. Sometimes I’m right. But most of the time I’m probably wrong — and paranoid. Palin probably feels like Rakoff put his judicial thumb on the scale in favor of the Times. But it’s more complicated than that. While sometimes judges are biased in favor of one party, the nuances of the rules of procedure in the Palin case tell a different story — not that Palin will be convinced otherwise.
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