'Prove Mike Wrong' challenger won't rest until he gets 'second bite of the apple' — even after SCOTUS spared MyPillow CEO

An technologist who proved MyPillow CEO Mike Lindell's 2020 predetermination conspiracy mentation incorrect and was awarded $5 million, lone for the national courts to hitch that arbitration triumph away, is hoping he'll get 1 much accidental to authorities his claim.

Court documents reviewed by Law&Crime amusement that Robert "Bob" Zeidman, connected Feb. 13, filed a question for a rehearing "by the archetypal arbitration panel" successful airy of the information that the 8th U.S. Circuit Court of Appeals and the U.S. Supreme Court nuked his case.

One period anterior to filing the motion, the precocious tribunal refused to instrumentality up his petition, meaning Lindell's ill-fated "Prove Mike Wrong" situation astatine a South Dakota predetermination fraud "Cyber Symposium" successful 2021 would not beryllium arsenic costly a fiasco arsenic it seemed. Lindell has since taken steps to guarantee the presumption quo remains.

In an April 30 filing, Lindell Management LLC lawyer Barbara Podlucky Berens asked Senior U.S. District Judge John R. Tunheim, a Bill Clinton appointee, to hold that Zeidman should get nary specified rehearing due to the fact that helium would person "no viable theory" to cod the $5 cardinal upon a "second wound of the apple" earlier the arbitration panel.

Initially, the sheet decided that Zeidman, a software developer who supported President Donald Trump, proved Lindell was incorrect that information showed China had interfered with the 2020 election.

While Tunheim aboriginal upheld the $5 cardinal reward successful February 2024, that ruling successful Zeidman's favour was comparatively short-lived due to the fact that the 8th Circuit took Lindell disconnected the hook. There, circuit judges noted that adjacent Tunheim had questions astir the contention arsenic advertised versus the contention rules. When advertizing the challenge, Lindell said his squad of experts would supply "cyber information and packet captures from the 2020 November election" and added that the upshot of the situation was to "find impervious that this cyber information is not valid information from the November Election."

The "poorly written" situation rules Zeidman signed, connected the different hand, didn't notation "packet captures."

"[P]articipants volition enactment successful a situation to beryllium that the information Lindell provides, and represents reflects accusation from the November 2020 election, unequivocally does NOT bespeak accusation related to the November 2020 election," the rules said.

In awarding Zeidman $5 million, the arbitrators said that helium "proved that each record did not see packet seizure information (PCAP) and frankincense was not related to the November 2020 election, truthful helium had satisfied the Challenge rules." The 8th Circuit said the information of that "extrinsic evidence" was wrong.

"[T]he [arbitration] sheet explicitly agreed with the parties that the applicable declaration presumption were unambiguous, recognized that Minnesota instrumentality governed and truthful barred the usage of extrinsic grounds to construe the unambiguous provisions, and past utilized extrinsic grounds to regularisation that Zeidman won the Challenge Contest due to the fact that the information [Lindell Management] provided contestants was not 'PCAP data,'" the appellate sentiment said. "Under our controlling decisions, the sheet exceeded its authority."

In short, some the territory tribunal and the appellate tribunal agreed that the arbitration sheet utilized further connection extracurricular the presumption of the situation rules themselves to construe the contract, which circuit judges said was legally improper nether Minnesota law.

Unsurprisingly, Zeidman disagreed and asked SCOTUS to reply whether the "manifest disregard modular remains a valid ground for vacating an arbitration award." The justices would not act, however, successful a large boost for Lindell.

Although Lindell's legal-financial issues have since mounted connected different fronts, his latest filing submits that the "Prove Mike Wrong" debacle has reached the implicit extremity of the road.

"Zeidman's alleged palmy objection regarding the information astatine contented was based solely connected the lack of seizure packet data. Thus, successful bid to succeed, this claim, similar the breach of declaration claim, is contingent connected the validity of the extracontractual data-format request imposed by the Panel," the filing said. "And similar the breach of declaration claim, the Eighth Circuit's explicit reversal of the Panel's seizure packet information request defeats this assertion arsenic a substance of law."

"Any rehearing would frankincense beryllium futile," Lindell's ineligible squad added.