My mother's bf had a fairly major surgery (he's fine and recovering well DW) and he's going to be housebound for his birthday this year, so I've been enlisted to come up with a fancy birthday meal for the special birthday boy that's primarily fruit and veg, sweeter than savory, and is something he's never had before.
Bc I'm making watermelington. It's beef Wellington, but watermelon. bc my mom only found out recently you can use watermelon as a tuna substitute. And I know that you can substitute most higher quality beef cuts with tuna or salmon.... usually. Anyways the idea fascinates her so I'm hoping to use that for bonus points.
Now he's off his ass on pain killers so I can't like. Ask him if he's ever had something before. so to meet my brief I've decided to just. commit a novel hate crime against the British I guess.
Anyways. I'm writing this because I need to walk myself through this process and think it'll be surreal enough to be worth taking y'all along for.
So, Beef Wellington. In its most basic bitch arrangement is a beef tenderloin wrapped in prosciutto/really thin bacon, with a layer of mushroom and onion mush, that has been further wrapped in mustard slathered puff pastry.
We will be ship of Theseusing this. bc beef Wellington is like. the opposite of what he wants. Which is why it's funny.
Puff pastry-> it's still just puff pastry
this one doesn't have to change (aka I can't be fucked to do pastry prep and I'm just gonna use store bought it's Fine.)
the prosciutto is also just going to be prosciutto.
Thin meat
Beef tenderloin-> watermelon,
Tbh this is a pretty 1 to 1 substitution. I'll bake the slices at like. 250-300 for an hour or so ahead of the rest of prep to dry it out a bit. bc you can't like. Sear watermelon to seal in the water like you can beef. By definition it's a very wet fruit (like me when I fall into the lake). Ill Add salt and chili and lime juice while baking maybe. this is the easy part
The mushroom mush-> salsa done bad style
As the word mush implies, this is meant to be a very soft mix. It adds a lot of nuttiness to the wellington that rounds out all of the salt from the meats. I'm replacing it with white person salsa(the birthday boy can't handle spice). Tomato, lime juice, parsley, avocado, cucumber, feta, and maybe mango so I can have an excuse to have a lil mango treat. I said I wasn't making it spicy. I'm still putting a bit of chili in it. bc it'll be better like that. This is also a ridiculously wet bit of mush, Even the original mushrooms have too much water. I'll figure something out.
Mustard -> jelly
He lives in a big city. those preserve sections are massive. I'll find a weird one. maybe apricot.
Prep:
We're in the mind palace kitchen, I have not attempted any of this. We're just thinking real hard about it and I'll edit as needed on the day and post results.
The watermelon
Preheat oven to eh. 300f? We want low and slow to dry things out without it taking a year. but idk what his oven is like. If it's gentle I'll bump it up another ten-twenty.
Slather some watermelon slices in salt chili powder and lime juice mixture.
bake for 30 min on a wire rack or directly on the oven racks (after cleaning thoroughly) if he doesn't have a wire rack. with a drip try underneath to catch the drippage. check frequently. Have one slice that's for being poked to see if it's approaching being meat. Bake longer if needed.
Salsa bad style
chop everything up and add it to a pan with some oil in it. Tbh I don't think the type of oil you use for cooking matters if you're not like, getting near any smoke points. Most people can't tell the difference unless you made your food bland as hell.
Anyways there's some wildly different moisture contents on the list so there has to be an Order to cook off as much water as possible without getting yucky.
Tomatoes and cucumbers go in together with some salt to get the cucs softening, then the mango chunks and lime juice. Once most of the water is gone the avocado feta and parsley can go in. There is a good amount of water in avocados but they're delicate and don't pan fry well, so we're just going to ignore their water crimes and hope for the best. They just need to be evenly mixed through the rest of the mush.
Putting it together
lay out the puff pastry, cut into sections to wrap each watermelon slice individually with.
Slather in jam
Take the prosciutto and lay it out on half of each section of the pastry,
spoon the salsa onto that
Melon
Another layer of salsa
another layer of thin meat
Fold the pastry over the top and pinch the edges bc watermelon slices are not a rollable shape and I don't want to carve a watermelon into a tube for this because that sounds irritating.
Brush with egg wash and more parsley
Cook in oven following the pastry's preferred temp and time. it's fucking watermelon, you're not getting ecoli from it.
watermelington :)
I'm serving it with baked sweet potatoes and spinach based salad with whatever toppings are left over from making the salsa.
anyways thank you for joing me on this thought experiment. I will post updates once the deed is done. I'm sorry to every British person ever.
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Oh dear.
So as some of you may know, I love to point and laugh at bad legal arguments. And as fun as legal dumpster fires are when they are made by people who aren’t lawyers but think this whole “law” thing seems pretty simple, it’s even funnier when an actual, barred attorney is the person dumping gallons of kerosene into the dumpster.
And oh boy folks, do I have a fun ride for y’all today. Come with me on this journey, as we watch a lawyer climb into the dumpster and deliberately pour kerosene all over himself, while a judge holds a match over his head.
The court listener link is here, for those who want to grab a few bowls of popcorn and read along.
For those of you who don’t enjoy reading legal briefs for cases you aren’t involved with on your day off (I can’t relate), I will go through the highlights here. I will screenshot and/or paraphrase the relevant portion of the briefs, and include a brief explainer of what’s going on (and why it’s very bad, but also extremely funny). (Also, I’m not going to repeat this throughout the whole write-up, so for the record: any statements I make about how the law or legal system works is referring exclusively to the U.S. (And since this is a federal case, we are even more specifically looking at U.S. federal law.) Also, I don’t know how you could construe any of this to be legal advice, but just in case: none of this is, is intended to be, or should be taken as, legal advice.)
First, let’s get just a quick background on the case, to help us follow along. In brief, this is a civil tort suit for personal injury based on defendant’s (alleged) negligence. The plaintiff is suing the defendant (an airline), because he says that he was injured when a flight attendant struck his knee with a metal cart, and the airline was negligent in letting this happen. The airline filed a motion to dismiss on the grounds that there is an international treaty that imposes a time bar for when these kind of cases can be brought against an airline, and the plaintiff filed this case too many years after the incident.
The fun begins when the plaintiff’s attorney filed an opposition to the motion to dismiss. (So far, a good and normal thing to do.) The opposition argues that the claim is not time-barred because 1) the time bar was tolled by the defendant’s bankruptcy proceedings (that is, the timer for the time limitation was paused when the defendant was in bankruptcy, and started again afterwords), and 2) the treaty’s time limit doesn’t apply to this case because the case was filed in state court before the state statute of limitations expired, and the state court has concurrent jurisdiction over this kind of case.
I’m struggling a bit to succinctly explain the second reason, and there’s a reason for that.
You see, the whole opposition reads a bit…oddly.
This is how the opposition begins its argument, and it’s…weird. The basic principle is...mostly correct here, but the actual standard is that when reviewing a motion to dismiss for failure to state a claim (which is what the defendant filed) the court must draw all reasonable factual inferences in the plaintiff’s favor. But even then, you don’t just put that standard in your opposition. You cite to a case that lays out the standard.
Because that’s how courts and the law work. The courts don’t operate just based on vibes. They follow statutory law (laws made by legislature) and case law (the decisions made by courts interpreting what those laws mean). You don't just submit a filing saying, "here's what the law is," without citing some authority to demonstrate that the law is what you say (or are arguing) it is.
Again, this isn’t wrong (although I'm not sure what it means by new arguments?), but it’s weird! And part of the reason it’s weird is that it is irrelevant to the defendant’s motion to dismiss. The defendant filed a motion stating that based on the facts in the complaint, the plaintiff has not stated a claim based on which relief can be granted, because the complaint is time barred by a treaty. There is no reason for this language to be in the opposition. It’s almost like they just asked a chatbot what the legal standards are for a motion to dismiss for a failure to state a claim, and just copied the answer into their brief without bother to double-check it.
The opposition then cites a bunch of cases which it claims support its position. We will skip them for now, as the defendant will respond to those citations in its reply brief.
The last thing in the brief is the signature of the lawyer who submitted the brief affirming that everything in the brief is true and correct. An extremely normal - required, even! - thing to do. This will surely not cause any problems for him later.
The next relevant filing is the defendant’s reply brief. Again, the existence of a reply brief in response to an opposition is extremely normal. The contents of this brief are…less so.
Beg pardon?
Just to be clear, this is not normal. It is normal to argue that the plaintiff’s cases are not relevant, or they aren’t applicable to this case, or you disagree with the interpretations, or whatever. It is not normal for the cases to appear to not exist.
Some highlights from the brief:
Quick lesson in how to read U.S. case citations! The italicized (or underlined) part at the beginning is the name of the case. If it is a trial court case, the plaintiff is listed first and the defendant second; if the case has been appealed, the person who lost at the lower court level (the petitioner/appellant) will be listed first, and the person who won at the lower level (the respondent/appellee) will be listed second. There are extremely specific rules about which words in these names are abbreviated, and how they are abbreviated. Next, you list the volume number and name of the reporter (the place where the case is published), again abbreviated according to very specific rules, then the page number that the case starts on. If you are citing a case for a specific quote or proposition, you then put a comma after the beginning page number, and list the page number(s) on which the quote or language you are relying on is located (this is called a “pincite”). Finally, you put in parenthesis the name of the court (if needed)(and again, abbreviated according to extremely specific rules) and the year the case was decided.
So the plaintiff’s response cited to Zicherman, which they said was a case from 2008 that was decided by the 11th Circuit Court of Appeals. However, the defendant was not able to find such a case. They were able to find a case with the same name (the same petitioner and respondent), but that case was decided by the U.S. Supreme Court in 1996, and the lower court cases associated with that case weren’t in the 11th circuit either. (The United States Reports is the only official reporter for the U.S. Supreme Court, and only includes SCOTUS decisions, so it’s not necessary to include the name of the court before the year it was decided.)
Just to be clear. The defendant’s brief is saying: the plaintiff cited and extensively quoted from these cases, and neither the cases nor the quotations appear to exist. These “cases” were not ancillary citations in the plaintiff’s brief. They were the authority it relied upon to make its arguments.
This is as close a lawyer can come, at this point in the proceedings, to saying, “opposing counsel made up a bunch of fake cases to lie to the court and pretend the law is something different than it is.”
That, “Putting aside that here is no page 598 in Kaiser Steel,” is delightfully petty lawyer speak for, “you are wrong on every possible thing there is to be wrong about.”
By page 5, the defendant has resorted to just listing all of the (apparently) made up cases in a footnote:
(skipping the citations to support this proposition)
This is where I return to my struggle to explain the opposition’s second reason why the motion to dismiss should not be granted. I struggled to explain the argument, because they failed to explain why the argument they were making (that plaintiffs can bring lawsuits against airlines in state court, and the state court have specific statutes of limitations for general negligence claims) was relevant to the question of whether the plaintiff’s specific claim against the airline was time barred by the treaty. Because 1) this case is in federal court, not state court, and 2) federal law - including treaties - preempts state law. Again, it’s almost like plaintiff’s attorney just typed a question about the time bar into a chatbot or something, and the machine, which wasn’t able to reason or actually analyze the issues, saw a question about the time to bring a lawsuit and just wrote up an answer about the statute of limitations.
We also end with a nice little lawyerly version of “you fucked up and we are going to destroy you.” The relief requested in the defendant’s original motion to dismiss was:
In their reply to the opposition, however:
“The circumstances” in this case, being the apparent fabrication of entire cases. Because courts tend to take that pretty seriously.
And the court took it seriously indeed. The defendant’s reply was docketed on March 15th of this year. On April 11th:
AKA: you have one week (an extremely prompt time frame for federal court) to prove to me that you didn’t just make up these cases.
On April 12th, the plaintiff’s attorney requests more time because he’s on vacation:
The judge grants the motion, but adds in another case that he forgot to include in his first order.
On April 25th, the plaintiff’s attorney files the following:
(And he lists the cases, with one exception, which he says is an unpublished decision.)
But he says of all of the cases except two, that the opinions…
Which is…nonsense?
First of all: if you cited a case, you had to get it from somewhere. Even unpublished opinions, if you are citing them in a brief, you are citing them because you pulled them off of westlaw or whatever. Which means you have access to the case and can annex it for the court. (There are even formal rules for how you cite unpublished opinions! And those rules include citing to where you pulled the damn case from!)
Secondly: remember that long digression I went into about how to read case citations? Remember that bit about how you include the name of the reporter (the place the case was published)? Yes, cases are published. They are printed in physical books, and they are published online in databases (e.g. lexis or westlaw). If the specific online database you are looking in does not have the case, you look somewhere else. If you have a judge telling you to get them a copy of the case Or Else, you track down a physical copy of the reporter if you need to and scan the damn thing yourself. You - literally - can’t just not have a copy of the case! (Especially published federal circuit court opinions, which multiple of these cases are! Those aren’t hard to find!)
And what kind of “online database” doesn’t include the entire opinion anyway? I’ve literally never heard of a case research database that only included partial opinions, because that wouldn’t be useful.
Maybe if we look at the attached annexed copies of the cases, that might give us some answers.
...
My friends, these things are just bizarre. With two exceptions, they aren’t submitted in any sort of conventional format. Even if you’ve never seen a legal opinion before, I think you can see the difference if you just glance through the filings. They are located at Docket entry #29 on Court Listener (April 25, 2023). Compare Attachments 6 and 8 (the real cases submitted in conventional format) to the other cases. Turning to the contents of the cases:
In the first one, the factual background is that a passenger sued an airline, then the airline filed a motion to dismiss (on grounds unrelated to the treaty's time bar), then the airline went into bankruptcy, then the airline won the motion to dismiss, then the passenger appealed. And the court is now considering that appeal. But then the opinion starts talking about how the passenger was in arbitration, and it seems to be treating the passenger like he is the one who filed for bankruptcy? It’s hallucinatory, even before you get to the legal arguments. The “Court of Appeals” is making a ruling overruling the district court’s dismissal based on the time bar, but according to the factual background, the case wasn’t dismissed based on the time bar, but on entirely other grounds? Was there some other proceeding where the claim was dismissed as time barred, and it’s just not mentioned in the factual background? How? Why? What is happening? Also it says Congress enacted the treaty? But, no? That’s…that’s not how treaties work? I mean, Congress did ratify the treaty? But they didn’t unilaterally make it!
In the second case, there’s an extended discussion of which treaty applies to the appellants claims, which is bizarre because there are two relevant treaties, and one replaced the other before the conduct at issue, so only the new treaty applies? There isn’t any discussion of the issue beyond that basic principle, so there is no reason there should be multiple paragraphs in the opinion explaining it over and over? Also, it keeps referring to the appellant as the plaintiff, for some reason? And it includes this absolutely hallucinatory sentence:
…the only part this that makes sense is that the argument is without merit. I’m not going to discuss the actual merits of the legal arguments in the opinion, because they are so bizarre and disjointed that even trying to describe them would require a Pepe Silvia-sized conspiracy board. Like the previous case, both the facts and the legal posture of the case change constantly, with seemingly no rhyme or reason.
The third one…oh boy. First, large portions of the “opinion” are individual paragraphs with quotations around the whole paragraph. What’s happening there? As far as the content of the opinion itself - I can’t. I mean that, I literally can’t. What is being discussed seems to change from paragraph to paragraph, much of it contradicting. It makes the first case seem linear and rational by comparison. The court finds it doesn’t have personal jurisdiction over the defendant so dismisses the case based on a lack of subject matter jurisdiction? But also the defendant hasn’t contested jurisdiction? And also the court does hold that it has both subject matter and personal jurisdiction over the defendant? And then it denies the motion to dismiss the case? Also, at one point it cites itself?
…also, even if this was a real case, it doesn’t stand for the propositions the plaintiff cited it for in their opposition? I’m not going to go into the weeds (honestly it’s so hallucinatory I’m not sure I could if I tried), but, for example, the plaintiff’s reply brief states that the court held “that the plaintiff was not required to bring their claim in federal court.” The U.S. District Court for the District of Columbia is a federal court, and there is no discussion of any filings in state courts. The closest the “opinion” comes is with the statement, “Therefore, Petersen’s argument that the state courts of Washington have concurrent jurisdiction is unavailing.” (This statement appears to be completely disconnected from anything before or after it, so I am unsure what it is supposed to mean.)
Moving on, case number four is allegedly a decision by the Court of Appeals of Texas. It includes the following line:
Honestly, the plaintiff’s attorney best defense at this point is that he wasn’t intentionally trying to mislead the court, because if he was doing this on purpose, he would have edited the cases to make them slightly more believable. (Context in case you’ve lost track: these documents are supposed to be copies of the opinions he is citing. The screenshoted line makes it clear that what he is actually citing is, at best, someone else’s summary of an "opinion". It would be like if a teacher asked a student to photocopy a chapter of a book and bring it into class, and instead the student brought in a copy of the cliffs notes summary of that chapter. Except that the book doesn’t even exist.)
The actual contents of the “opinion” are, as is now standard, absolutely bonkers. First, the court decides that it doesn’t have personal jurisdiction over Delta because “Delta did not purposefully avail itself of the benefits of conducting business in Texas.” This was despite the fact that the factual background already included that the appellant (sorry, the plaintiff, according to the “opinion”) flew on a Delta flight originating in Texas. Like, this is just wrong? It’s not even hallucinatory nonsense, it’s just facially incorrect legal analysis. Then the court starts discussing the treaty’s time bar, for some reason? Then it goes back to talking about personal jurisdiction, but now the trial court denied the defendant’s motion to dismiss for lack of personal jurisdiction, and the appellate court agrees with the trial court that it does have personal jurisdiction, even though this is the plaintiff’s appeal from the dismissal for lack of personal jurisdiction and the court already ruled it didn’t have personal jurisdiction? And even though on page 1, the plaintiff was injured during a flight from Texas to California, now on page 7 she was injured on a flight from Shanghai to Texas? Also the trial court has gone back in time (again) to grant the motion to dismiss that it previously denied?
Also, I’ve been trying to avoid pointing out the wonky text of these submissions, but:
Everything ok there?
Case number five is similar enough to number four that it’s not worth repeating myself.
Thank god, cases six and eight, as noted above, are real cases, so I’m going to skip them. The defendant alleges that the cases do not stand for the propositions the plaintiff cited them for, and I’m going to assume that is true, given the rest of this nonsense.
Case number seven looks legitimate on the surface. But neither the defendant nor I could find the case through any legitimate search mechanisms. The defendant looked up the purported docket numbers on PACER and found completely different cases; I was able to find a case with the name “Miller v. United Airlines, Inc.,” but it was for a different Ms. Miller, it was a California state case (not a Second Circuit federal case), it was decided on a different year, and the substance of the case was entirely different from the alleged opinion filed with the court.
On top of that, this might be the most morally reprehensible fake citation of them all? Because it is about the crash of United Airlines Flight 585, a real plane crash. Everyone on board - 25 people in total - was killed.
The individual cited in this fake court case was not one of them.
I cannot imagine conducting myself in such a way where I would have to explain to a judge that I made up a fake case exploiting a real tragedy because I couldn’t be bothered to do actual legal research.
Now, I know you all have figured out what’s going on by now. And I want you to know that if your instincts are saying, “it seems like the lawyer should have just fallen on his sword and confessed that he relied on ChatGPT to write his original brief, rather than digging himself further into this hole”? Your instincts are absolutely correct.
Because obviously, the court was having none of this b.s. On May 4th, the court issued an order, beginning with the following sentence:
That is one of the worst possible opening sentences you can see in an order by the court in a situation like this. The only thing worse is when judges start quoting classic literature. If I was Mr. Peter LoDuca, counsel for the plaintiff, I would already be shitting my pants.
“I gave you an opportunity to either clear things up or come clean. Now I’m going to give you an opportunity to show why I should only come down on you like a pile of brinks, instead of a whole building.”
We are getting dangerously close to “quoting classic lit” territory here.
If I learned that the judge in my case called up the clerk of a circuit court just to confirm how full of shit I was, I would leave the legal profession forever. Also, the judge is now also putting quotes around “opinion.” When judges start getting openly sarcastic in their briefs, that means very very bad things are about to happen to someone.
So I’m guessing the delay between this filing and the court order was because the judge’s clerk was tasked with running down every single one of the additional fake citations included in the "opinions", just to make this sure this order (and the upcoming pile of bricks) are as thorough as possible.
If you are following along with Dracula Daily, the vibe here is roughly the same as the May 19th entry where Dracula demands Jonathan Harker write and pre-date letters stating he has left the castle and is on the way home.
Also, hey, what’s that footnote?
Wait, what?
Folks, it appears we may have notary fraud, on top of everything else! Anybody have bingo?
So on May 25, one day before the deadline, Mr. LoDuca filed his response. And oh boy, I hope ya’ll are ready for this.
Hey, what’s the name of that other attorney, “Steven Schwartz”? Where have I seen that name before…
...I ran out of room for images on this post. So I'm going to have to leave this as an accidental cliffhanger. Part 2 to follow once I refresh my tea.
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Hi! Spencer Reid x reader where reader is kind of panicking because she’s worried Spencer will get tired of her and find someone that’s more like him personality wise? But then Spence reassures her that he loves her and only her? 🎀🚬🤍🤎
fem bimbo!plus size reader, wc: 589.
a/n: no i am not going to let bimbo reader sleep, but also i've been posting so much aaron recently, which is funny because i've been so obsessed with spencer recently. thank you for your request!
cw! angst :(
“I guess opposites really do attract huh?”
It was just a joke. A harmless, well meaning joke that completely spun your world off of its axis.
You were aware of the differences between you and your boyfriend, but you never felt bad about it, nor did he ever make you think that you weren't good enough for him. You would have liked to think that your differences was what made Spencer fall in love with you; but now you’re not too sure.
Yeah, sure, you needed help with understanding certain things, and your processing was a bit slower than others, but that didn’t make you stupid or annoying… right?
What if you talked too much? What about that time that you kept interrupting Spencer while he was reading? Did you irritate him? Did he think about breaking up with you? You’d never had thoughts like these before because you never had a reason to. You always felt secure in your relationship with Spencer, like you were his equal.
Spencer wasn’t used to your silence, it was unusual and quite frankly it raised the red flags in his mind. He was so used to your rambling about anything and everything that the quietness of his apartment was making him itch.
“Sweetheart?” He called out softly.
It was almost as if his words scared you, your body jumping at the sound of him breaking the serene atmosphere of his almost dark academia-esque apartment.
“Yes?” Your voice was hushed and meek and Spencer absolutely hated it.
He set his book down on the side table where he uncurled his legs and patted the spot on the couch next to him. “C’mere.” You looked almost hesitant to move, but nonetheless you got up and sat down.
He grabbed your hand and held it firmly, but you didn’t make any effort to hold it back. It made Spencer nervous; did he do something?
“Sweetheart,” He reiterated. “Is something wrong?”
“Am I too much?” Your panic was quick to build. “What do you mean?” Spencer’s brows were furrowed inquisitively. “Like - like do I talk a lot? Or - or are my clothes too colorful? Do I ask too many questions?” Your speech fired out rapidly, almost as if you didn’t say what you wanted to know you may never do.
“Hey, hey, hey… no, no, stop.” Spencer was quick to shush you, opting to hold your face instead of your hand. “Did someone tell you that?” You shook your head, “No, yes? I don’t know. It - it was just because of that stupid joke Morgan had made.”
Ah, he remembers now.
“The one about opposites attracting?” You nod feebly. “And it got me thinking… what if I’m - what if I’m not a good match for you? You might want someone that’s similar to you, one that knows how to play chess and understands all those super cool facts you know.”
“Honey,” Spencer interrupts with a light laugh. “No.”
He wasn’t laughing at you, he was laughing at the sheer fact that he couldn’t imagine ever wanting someone else.
“I want you. I’ve only ever wanted you. I - I do admit that we are different, but that’s not necessarily a bad thing. I like that you aren’t like me. It’s comforting, and I just… I just love everything about you. I love you.”
“You promise?” You asked wetly with a pout. His lithe thumbs swipe at the tears trickling down your cheeks as he nodded, “Of course.”
“I love you too, Spencie.”
There you were. His girl.
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