| ▲ | JohnMakin 2 days ago |
| The title is a bit misleading and seems to imply she didn't get her savings back - she did, but the suit she filed saying it violated her rights lost. Edit: title seems to have been edited since. |
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| ▲ | indigodaddy 2 days ago | parent | next [-] |
| She was very lucky to get it back. Probably the only reason was they hoped she would drop the suit. |
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| ▲ | bandyaboot 2 days ago | parent | prev | next [-] |
| And to add, the lawsuit didn’t lose on its merits, but on lack of jurisdiction. |
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| ▲ | Incipient 2 days ago | parent [-] | | I feel like for lack of jurisdiction, the courts should refuse to hear the case, rather than have it count as a "lost" case? | | |
| ▲ | ncallaway 2 days ago | parent [-] | | I mean, that's basically what happens. The "lost her case" language is very much a public narrative around the court case, but from the legal perspective, her suit was dismissed for a lack of jurisdiction, which is pretty much the court refusing to consider the case. |
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| ▲ | Etheryte 2 days ago | parent | prev | next [-] |
| The title doesn't say nor imply anything about her getting it back though? It says her assets were seized which is correct. |
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| ▲ | peeters 2 days ago | parent [-] | | The article itself has the title: > The FBI Seized Her $40,000 Without Explaining Why. She Fought Back Against That Practice—and Lost I think it's decent, but still a bit ambiguous. Less ambiguous than if it just said "She Fought Back and Lost". My initial assumption formed by the title was still that she didn't get her money back. | | |
| ▲ | Etheryte 2 days ago | parent [-] | | The submission title is "FBI seized $40k from Linda Martin without charging her with a crime" which doesn't have that issue. | | |
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| ▲ | IncreasePosts 2 days ago | parent | prev [-] |
| Not really. Dismissed isn't the same thing as losing. The suit couldn't go forward because they returned the money, so she has no damages to sue over. I wonder if you can sue for lawyer fees...they took her money and made her hire a lawyer to get it back "willingly", something she wouldn't have had to do if they didn't take the money in the first place. |
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| ▲ | qingcharles 2 days ago | parent | next [-] | | It depends what her suit asked for in "relief." Sometimes you can get punitive damages, even if the money was returned. Or I've sometimes got the money I wanted but continued the part of the suit for declaratory judgment (e.g. to force the government to declare they violated my rights). | |
| ▲ | colechristensen 2 days ago | parent | prev [-] | | The next person to try might try to get standing by claiming the loss of $40k lost the opportunity to gain interest or something along those lines. | | |
| ▲ | db48x 2 days ago | parent [-] | | They paid her back with interest, exactly as they are required to do. |
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