OA92: The Unfortunate Application of Statutes of Limitation and Davino Watson

Opening Arguments

Opening Arguments Media LLC

Law, Opinion, Politics, News, Liberal, Legal, Supremecourt, Harvard, Atheist

4.3 • 3.7K Ratings

🗓️ 4 August 2017

⏱️ 80 minutes

🔗️ Recording | iTunes | RSS

🧾️ Download transcript

Summary

In today's episode, Andrew reluctantly -- but definitively -- opines that the Second Circuit got the law right in dismissing out the claims of Davino Watson, who argued that he was falsely imprisoned by the U.S. government for 3 1/2 years. In the pre-show segment, Andrew briefly introduces new FBI Director Christopher Wray as a good nominee by Donald Trump. After that, the guys tackle a follow-up question to Episode #91; namely, isn't "sexual orientation" already a protected class? Doesn't the law just prohibit discrimination in general? (No.) In our main segment, Andrew explains why statutes of limitation are necessary and why the Second Circuit got it right in dismissing out Watson's false imprisonment claim even though the circumstances are awful. Next, the guys break down Rod Wheeler's defamation lawsuit against Fox News. Why is this part of Yodel Mountain? Listen and find out! Finally, we end with an all-new (and fiendishly hard!) Thomas Takes the Bar Exam Question #35 about a hospital's duty to third parties when releasing a patient with homicidal ideation. Remember that you can play along with #TTTBE by retweeting our episode Tweet along with your guess. We'll release the answer on next Tuesday's episode along with our favorite entry! Recent Appearances Andrew had a busy week! He was on the follow shows:

Episode #17 of the Squaring the Strange podcast
Episode #14 of the Odd Atheist Friends podcast; and
Episode #113 of the Utah Outcasts podcast.

Show Notes & Links

You can listen to the original discussion of anti-discrimination in employment in Episode #91, as well as read the text of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.
This is the trial court's decision in Watson v. U.S. (EDNY 2016), as well as the Second Circuit's decision from Sept. 1, 2017.
Here is the Complaint filed by Rod Wheeler against Fox News.

Support us on Patreon at: patreon.com/law Follow us on Twitter: @Openargs Facebook: https://www.facebook.com/openargs/ And email us at openarguments@gmail.com Direct Download

Transcript

Click on a timestamp to play from that location

0:00.0	I refuse to testify on the grounds that my organs will be chopped up into a patty.
0:07.0	Ah, the 67th Amendment.
0:20.0	I move for a bad court thingy.
0:22.0	You mean a mistrone?
0:24.0	Yeah, that's why you're the judge and I'm the law-talking guy.
0:31.0	Can you see Captain Blackhunter anywhere in this court?
0:35.0	That's him! That's him!
0:37.0	No more person, sir.
0:46.0	I have an audience. I will be held to contempt of this court.
0:49.0	I have nothing but contempt for this court.
0:55.0	Welcome to Opening Arguments, a podcast that pairs an inquisitive interviewer with a real-life lawyer.
1:00.0	This podcast is sponsored by the Law Offices of P. Andrew Torres, LLC for Entertainment purposes,
1:05.0	is not intended as legal advice and does not form an attorney-client relationship.
1:09.0	Don't take legal advice from a podcast.
1:18.0	Hello and welcome to Opening Arguments. This is episode number 92.
1:22.0	I'm your host, Thomas Buthat. Over there is your brilliant host, Andrew Torres. How you doing, Andrew?
1:27.0	I'm great, Thomas. How are you?
1:29.0	Doing well. I'm excited. We've got loads of hot takes today.
1:33.0	I can't wait Friday episodes. Who doesn't love Friday episodes?
1:38.0	There's nobody who does, we've done a study and nobody doesn't love Friday episodes.
1:45.0	So I'm excited.
1:46.0	Yeah, and also nobody doesn't love Sarah Lee, I think.
	...

Please login to see the full transcript.

Previous episode | Next episode

Disclaimer: The podcast and artwork embedded on this page are from Opening Arguments Media LLC, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of Opening Arguments Media LLC and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.