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#have that on repeat the whole time drawing this
bunniedolle · 2 days
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soft yandere classmate having first met you as he bumps into you in one of the school's hallways. you had your head down, your voice too soft and quiet that he didn't hear you apologizing to him before you quickly removed yourself from the situation, steering away from everyone like a plague so you won't bump into them.
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soft yandere classmate who learned that you two were actually on the same class, sitting in front of you after the teacher chose your designated seats. he took one glance at you as he looked over his shoulders, and already sees you looking down again, avoiding making eye contact with anyone as you traced your finger around the wooden desk. though you tried to keep a stoic face, he could see how anxious you are through the way you would shake your leg while sitting.
soft yandere classmate who catches the way your face dropped in his peripheral vision as the teacher gives an activity that requires drawing, and it's quite obvious that you must have forgotten to bring it with you. but you were too shy, too scared to ask for help. he couldn't help it, and quietly lend you a pencil. it was his only pencil too, earning him a zero on his worksheet. but somehow, he knew it was worth it.
soft yandere classmate who helps you in small, different ways during classes especially when the teachers asked questions. he would moved a little and raised his hand, blocking you from the teacher's view so they won't have to pick you, knowing that even if you do know the answer, you'll simply be too nervous to give an answer and might just end up there standing awkwardly, waiting for the ground to swallow you whole as everyone anticipates in silence. the whole scenario will be too much for someone like you.
soft yandere classmate who turns around and sits backwards on his chair to attempt to engage in a conversation with you. it was definitely difficult at first, your voice being so quiet that he sometimes have you repeat what you just said, his heart a little heavy when he does so. it will definitely take a while to have you grow comfortable around him, but when you attempted to make a small joke one day, his eyes lit up, knowing that he's making progress.
he instantly shuts down any bullying from your classmates. they don't try to approach you anymore, but they also don't try bothering befriending you. this extends to everyone outside of your school, subtly threatening anyone who makes you even the slightest bit of uncomfortable, glaring at the person who's taking your order as he stands in front of you when you kept stuttering, trying to make them hear what your order is after they had you restate it a couple of times despite you trying your hardest to raise your voice.
although he is making progress in your slowburn friendship, you two are still not quite close yet that you'd try to initiate a conversation with him. it has to be him who talks to you first or you won't be talking to him at all. soft yandere classmate wanted to change that without having to force you.
soft yandere classmate who found you one day underneath a bridge. worried, he stayed to find out what were you doing on such a place, eyes darkening at the thought of a bully forcing you to come here even after he's made it loud and clear for everyone about the consequences, only to see you crouching down in front of a small opened box with a tiny cute kitten on the inside, meowing softly upon seeing you.
he could feel his heart melting as he watched you interact with it, your usually aloof face covered with a sweet smile as you feed and played with the small feline. he could hear you talking to it, telling it about your day. his heart jumping a little mentioned him. he continued to observed from afar, noting how you seem to get along more with animals than with your fellow peers. eventually, he decided to make his presence known, slowly approaching from behind to join you and the small bundle of fluffball.
you were surprised at first when he crouched down beside you, but you were quick to relax as you were beginning to get used to his presence. you said your hi's and hello's before a brief moment of silence befall the two of you. it was like the small kitten in front of you made every thought inside your head disappear as you start the conversation, asking him what he's doing here. he felt a little nervous before answering, trying not slip up his little secret that he was stalking you.
it starts off with a small question at first, but soon you begin talking more and more, and before he knew it, soft yandere classmate is now just smiling softly as he listens to you ramble to him, from troublesome homeworks to the very kitten who you are currently petting and stroking on it's cute little head.
he learned a lot of things about you in those few minutes, and he couldn't be more happier. he learned that you couldn't keep any pets at your home, forbidden by your strict parents, and how you wanted to give the kitten a name despite it all. what you didn't know, is that you gave your classmate a sweet little idea.
soft yandere classmate who told you that he will help you pick it's name, and take care of it back at his home. and how nice he is, as he added that you can come over to his house anytime you like to visit it!
once everything is set and done, after class, he'll invite you over, happily telling you that he was able to think up of a cute name for the kitten. and since you're unaware of his underlying intentions, you made it easy for him to lure you in the safety of his walls. where he will slowly convinced you that you will live a much more comfortable and better life if you stay with him and lotte.
all of the things you didn't like to do but forced yourself to live up to everyone's expectations, they're all in the past now. your happy sugar life begins, starting with owning a pet that you've always wished for.
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https-songmingi · 2 days
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PAIRING — wooyoung x reader
WARNINGS — smut, unprotected sex, sexual language, link
Minors do not interact
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✧.* So sensitive ✧.*
➛ Link
Y/N's breathing became ragged as she felt Wooyoung's warm tongue swirling around her nipple, his soft hair tickling her sensitive skin. She moaned, arching her back slightly in response to the intense pleasure coursing through her body.
Her breasts were perfectly formed and plump, with pebbled nipples that hardened under his touch like beads of sweet honey. Wooyoung's tongue flicked and teased the stiff peaks while his hands explored her soft stomach and lower back, sending shivers down her spine.
It was as if she were on a cloud, floating on a sea of pleasure, her mind consumed by the sensations coursing through her body. She felt his gentle but persistent sucking on her nipple, his tongue swirling around the tip in circles that sent waves of delight dancing down to her toes.
The roughness of his hair against her sensitive skin only added to the mix; it was like an erotic caress all its own. She could feel the heat emanating from him, and it seemed to melt away any inhibitions or fears she might have had previously had.
His hands roamed lower, tracing patterns on her stomach before finding their way between their bodies and teasingly brushing against her mound as she rides him.
"So sensitive, baby," Wooyoung murmured against her breast before switching to the other one, repeating the same delicious motions. She gasps, her head thrown back in ecstasy, her eyes rolling into the back of her head.
Wooyoung's tongue flicks and teases her nipple, sending a bolt of pleasure straight to her core. He cups her ass with one hand, his fingers digging into the soft flesh as she rides him harder.
“Gosh.. Wooyoung-ah.. I..” She couldn't even form coherent sentences anymore. Y/N felt herself on the brink of orgasm, each movement, each flick of his tongue, every sensation from his fingers sending her higher and higher.
Her whole body was on fire, aching for release, her core clenching around his thickness. Wooyoung pulled away from her breast with a soft pop, leaving both of them gasping for air. He raised his head to look into her eyes, his gaze filled with hunger and desire. "Tell me how close you are," he growled, his voice hoarse with lust.
"So close... so close.." she panted, her eyes hazy with lust. "Please.. don't stop.." she begged.He grinned wickedly and continued his assault on her breasts while he moved his hips faster, thrusting upward as she rode him down.
His hands grasped her hips firmly, guiding her in a delicious rhythm that had them both moaning in unison. Y/N's nails dug into the sheets as pleasure built within her, coiling tighter and tighter with each thrust, each flick of his tongue.
"That's it, baby," Wooyoung encouraged, his voice low and demanding. "Come for me, Y/N." He sucked her other nipple into his mouth again, drawing hard on the sensitive bud as he slid a finger between her folds, rubbing her clit in time with his thrusts. Her orgasm built, gathering like a storm inside of her, ready to explode at any moment.
"Oh.. oh my.." Y/N moaned, her body tensing. Wooyoung's relentless assault on her breasts sent her over the edge, and she cried out as her climax crashed over her in waves of bliss. Her whole body convulsed and tightened around him, milking him for all he was worth as she rode out her orgasm.
Wooyoung groaned loudly as he felt her walls contract around him, sending him over the edge as well. He cursed under his breath as he came inside of her, his orgasm shaking him to his very core.
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©️https-song mingi
Minors do not interact
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killuabutgayer · 3 months
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once more to see you~💘
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poorly-drawn-mdzs · 5 months
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Bonus 7: Time moves sideways
[First] Prev <–-> Next
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Chasing Cars - Snow Patrol
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good-beanswrites · 10 months
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My english lyrics for Triage woo! (They're written out under the cut, I just wanted to share my lil chart lol)
Though I'm too indecisive to officially label this as my favorite song, it's had the strongest emotional impact on me by far. It holds a special place in my heart, I definitely wanted to write lyrics for it first! I'll leave all my rambling process commentary in the tags, but I was so happy with how it came out!!
All of those cards of promise thrown down carelessly,
This must be retribution for all I've taken endlessly.
If that were the case, it should have been fate for me to die.
That's the truth, given my crime, so why--?
No, I can't take it, to this cruel joke I'll submit. You
don't know, you can't know, but I'm ready to admit:
Killing for them, extracting for them, won't change the fact they're dead.
I need someone to tag me as RED.
It makes me sick (sick), it's too unpleasant. Sick (sick)
Is this punishment? What do you mean I'm INNOCENT?
I see, the world is cruel and leaves you on your own.
(I can't die) to atone. (I can't love) alone.
I can't be saved (saved), you've nothing to give. Saved (saved)
But what if I lived? Why else would you choose to forgive?
I see, there's lives to save so let's be sensible.
Right now, you need me, (I can be) indispensable.
Tilt to and fro, I know the scales should land on GUILTY for me.
Tilt fro and to, it's INNOCENT that they choose.
They cry (x4) out in pain, I can hear them. There's no one else, to guard their health,
My mission is offering help.
All of those cards of promise thrown down carelessly,
This must be retribution for all I've taken endlessly.
So if that's the case, then it must be fate to make amends,
Extract that fang before we meet the end.
It makes me sick (sick), it's too unpleasant. Sick (sick)
Is this punishment? What do you mean I'm INNOCENT?
I see, the world is cruel, but what I've realized is
(Now I want) to be INNOCENT. (Now I want) to live.
It makes me sick (sick), This wasn't my plan, hostages at my command.
Their future resting in my hands
I see, there's lives to save so let's be sensible.
Right now, please save me, (I will be) indispensable.
Maybe this was meant to be -- oh  -- or maybe neither of us can know
There's lives to save so let's be sensible.
Right now, please save me, (I will be) indispensable.
---
I mentioned earlier that I always get annoyed with myself when people post translyrics and I can't figure out the rhythm they were going for, so here's a recording of me singing, but I'm bad at it! It's just for fun! Like a rough draft for music! Because the only thing worse than people hearing my voice is people thinking I can't count syllables!
#milgram#shidou kirisaki#lyrics#im real happy with how they came out :))#when i first got into milgram i started writing tear drop lyrics but got discouraged#(ill be revisiting them next but) it was so fun to work with this song!#i love the sound of it and had a great time creating my version#i wanted his repeated lines in the refrain to have a punch to them#and was SO satisfied giving the doctor 'sick' and 'saved' as his focus words#the mention of 'throw down' wasnt originally intended but it fit so well i just had to keep it asdfsd#i looked up an internet translation for 'Shinenai sentaku o ikenai ai o' because the official english line confused me#and it gave me 'i cant die. i cant go. i cant love.' and i loved that more than the official translation actually#really the only word that doesnt flow quite like id want is 'punishment' but the meaning/rhyme made me happy so i kept it haha#nothing can replace the sound satisfaction 'Yurayura tenbin yurusa naide hoshii noni/Yureteru yurushite hoshii to' gives me tho -_-#and i wanted a more open-mouth sound when he sings 'dattaka' the second time -- i absolutely love how he draws it out#but had to settle for what i could make work 🤷‍♀️#we are spitting in the face of cringe culture and posting my voice!!#some writers are okay if their complete vision doesnt make it across to the audience but Not Me#i gotta show my whole vision and draft 😂#oh and excuse his voicemail message LMAO#i love shidou with all my heart but i have to tease him about shoving his profession in our face every chance he gets#(did we ever get a translation for that btw?)#but yeah im always preaching to do arts and things youre bad at just because theyre fun so i figured id take my own advice#because it was a lot of fun to sing :3#and i dont know how to word this in the fans-having-collaborative-fun way and not a pretentious way#but if any of the milgram pals who like singing want to cover it hmu :D
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sherbovania · 1 month
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set up a visit w/ my doc for tuesday because girl...i might have RA at the ripe age of 20. nobody is geezermaxxing like me
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fiendishartist2 · 10 months
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its past midnight and here i am planning a sweater i have neither the materials nor funds to make
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codenamed-queenie · 1 year
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todayisafridaynight · 5 months
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That fuckin new bucket list trailer for 8?????????
hey what if we all just cut ourselves in half after this huh
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matchandelure · 1 year
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fhjmsdfhjglks feeling kind of frustrated at a lot of things
#sometiems i feel that maybe i set goals that are too ambitious#good grades in classes. internship prep. learning how to be independant and do adult stuff in general#working out regularly eating balanced meals getting enough sleep every night taking care of skin. overlall physical wellbeing#while also trying to make time for hobbies especially art...#ive been sucked into a rather strong loop of comparison.. bc i recentl ylooked through my old art when i went back home#and im so sad at how little ive improved. and i know that everyone learns and imrpoves at different rates#and i have more important things to focus on such as completeing this degree completely unrelated to art#but i dont want to go through the nexxt five years just.not improving at all at something i love so much :((#but everyday this past almost two terms of school. i never finish the work i need to before i go to sleep#everytime i do finish everything its time to repeat the whole cycle all over again#and whne i do get time to draw im so tired that all i can amnage are some scribbles..which means my technical skills arent improving atall#bc i dont have the energy to study even ifi its something i love#which iguess ispart terrible self discipline which i need to work on but sometimes i just wnat to shut my brain off and doodle mindlessly#bc i dislike my program :((( eww math ewwwww compsci#and i want a distraction from it whenever possible because if i have to calculate the eigenspace corresponding to an eigenvalue of a matrix#one more time i am going to cry#im tired gnight#willows rambling branch
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trollbreak · 6 months
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One of these days I’m gonna actually make beastly art in like his actual colors but um. I’m having fun returning to my comfy play scape lately <3
#doing shading studies on skulls for the funsies was such a tangible thing in how I do lineless art now#so like I somewhere got going drawing on index cards bc they’re less space to fill than a full page and thus less intimidating. that became#drawing silhouetted buildings and horizons against a gradient sky- I used roughly cut masking tape to have clean sun/moon and if I wanted#other clean lines. while I was staying w my grandma for a while I went oh shit I could do this digitally and that’s when I started getting#into digital art outside of just tracing photos exclusively. started playing with silly doodles digitally and somewhere along the line#wanted to draw teeth bc why not. struggled and didn’t like the result- tried again a few days in a row. liked how I’d improved but wasn’t#satisfied. so I saved an image of a skull lowered the opacity and originally was gonna trace the teeth but that got boring so like. I used#white to mark out the brightest points on the skull. a light grey for the next brightest. rinse and repeat until the whole thing is covered#and I’d do that for ages. like a year or two I think. I’d done other art too but the skulls and doing the same process with selfies was a#fun way to burn a lot of time and to just. have an ongoing project I could return to. a ways FURTHER down the line I was like ah damn. I’m#real happy with these but since I just grabbed images off whatever search engine idk if it’s ok for me to post these especially since I#wouldn’t even know who to credit anymore. so eventually I just sorta. stopped#but ummmm if u hit me up I can send u some of my skull study whatever’s and u can peek at how I mean they massively affected my process and#how I shade and stuff. that was like my whole learning process with shading outside of like. do line under the chin and the simplest things#that follow that train of thought. those skulls 🤝 buddy. rewired my brain and I’m vibin w it
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saltygirafe · 1 year
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10 songs(and playlists)i have on repeat rn
@foibles-fables tagged me to list the 10 songs i've had on repeat recently and i repeat playlists more than songs so i'll list those...and then i'll put in some of the songs i single out the most
my playlist for a space western dnd campaign character
2. "girl in blue" by Animal Sun
3. this playlist about my old dnd character and her ex girlfriend because they are TRAGIC(and still in love)
4. "Peer Pressure" by James Bay and Julia Michaels
5. "Waking Up Dreaming" by Shania Twain
6. "Learning To Fly" by Sheppard
7. "Your Name" by Plested(it's on loop for specifically one part of the song that I am obsessed with)
8. "Warrior Princess" by Dos Brains(ft. the playlist for a story I'm writing it's a part of)
9. "HIP" by Mamamoo(and all their discography because they only have bangers)
10. "Movement" by Hozier(it makes me feel things)
i am horrible horrible at tagging because i haven't been on this website in years and do not remember the blogs from mutuals lol so if you see this and you follow me
consider yourself tagged!
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likeimhomeagain · 2 years
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❤️‍🩹
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foone · 1 year
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I see a lot of people joking about the adhd thing of "I have a appointment/phone call at 3pm, guess I won't do anything all day!"
But no one seems to make the connection that it's a time blindness thing. One of the symptoms of ADHD is not having a good and accurate sense of time. And not doing stuff prior to an event with a hard deadline is an obvious coping mechanism for that.
Can I go to the store? It's 10am and the appointment is at 3pm. How long does going to the store take? An hour? Three hours? Five hours? I DON'T KNOW!
I get anxious trying to do things before appointments because I'm aware that I don't know how long those things take, and that if I think I do, I may be very wrong. Too often I've been like "hey I can walk to the corner store and grab a drink, that'll take like 15 minutes!" and then an hour later I get back and whoops my rice has burnt.
Plus there's also the fact that ADHD people know that motivation and focus is a two-edged sword.
Like, let's say you decide to play a video game. You've got time, you can pause/save whenever, so this should be a perfect fit to make good use of your waiting-time. So you start playing and WHOOPS you get really focused for some reason today (because people with ADHD do not get to pick when their brain decides to focus) and the next time you look at the clock it's 2:49 and you haven't showered or dressed and the appointment is 30 minutes away. Fuck. (you could have set an alarm, but now you're asking people with the forgetting-things-and-time-ignoring condition to remember it set alarms)
And with motivation, it can be almost worse. Instead of playing a game, you so something useful or creative. You clean your room or fix your plumbing or write a story or draw a picture. And suddenly it's great. Your brain is firing on all cylinders. You've got all the motivation you can ask for, and you are FLYING. the ideas are brilliant, your hands are nimble, you're getting stuff done you've been putting off for weeks or months. And then the alarm goes off. Time to go to your appointment. Fuck.
You drive there, your brain still full of ideas and plans. But by the time you get back, the motivation is gone. You may still have the ideas but you don't have the drive to write them down. You can't force yourself to do it. Your sink is still in pieces. Your room is half-cleaned, and you have to shove all the sorted clothes into one big bin just so you have somewhere to sleep. You've left things half finished again, in a cycle that has been repeating your whole fucking life. It seems sometimes that nothing ever gets finished.
So next time you don't even start. There's not time. You've been burnt too many times. Why add another half-completed project to your pile of shame?
My point is that people seem to be going "lol I can't do anything all day if I have an appointment at 3pm" like this is a quirky "oh I'm so scatterbrained!" weirdness they alone have, and not a major complication of a disabling mental illness.
(and that's not even getting into the secondary effects. If you know that having an appointment ruins your whole damn day, you're going to avoid them. Even when it's things like "going to that party" or "meeting your friends for a drink/game" or "going to a movie with that cute girl from your math class". Things you should enjoy. Things that'd help you be social. Things that make you feel human.)
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carriesthewind · 1 year
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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.
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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.
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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.
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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.
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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:
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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.)
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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.”
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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:
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(skipping the citations to support this proposition)
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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:
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In their reply to the opposition, however:
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“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:
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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:
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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:
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(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…
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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:
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…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:
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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:
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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:
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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.
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“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.”
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We are getting dangerously close to “quoting classic lit” territory here.
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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.
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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.
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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?
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Wait, what?
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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.
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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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