Dewhurst Lie #1:
Ted is a “trial lawyer.”
Truth:
Ted is not a trial lawyer, a term that typically applies to plaintiffs’ lawyers who try cases to juries. Ted is an appellate lawyer—a lawyer who argues to courts of appeals and helps ensure that U.S. law is properly applied—and Morgan Lewis is representing the defendant, not the plaintiff, in this lawsuit.
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Dewhurst Lie #2:
The defendants “hired Ted.”
Truth:
Ted works for a large law firm, with over 1,200 lawyers all over the world. The firm represents thousands of clients in tens of thousands of matters. One of those cases is a private civil lawsuit among several commercial tire companies, one of which is based in China. After that company was hit with a $26 million judgment, it hired the firm where Ted works to handle the appeal.
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Dewhurst Lie #3:
Ted is “the lead lawyer” in the case.
Truth:
Ted had nothing whatsoever to do with the trial. Neither Ted nor Morgan Lewis represented anyone at trial. Ted was one of many lawyers working for multiple parties on both sides of the appeal. Ted helped edit the appellate briefs. Ted did not even argue the appeal—three other lawyers argued the appeal before the 4th Circuit.
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Dewhurst Lie #4:
The plaintiff prevailed on “every single count.”
Truth:
The district court threw out several of the plaintiff’s claims, both before and after trial. Specifically, the district court dismissed the registered-trademark claim, nine of the eleven unregistered-trademarks claims, and Plaintiff’s claim under the Virginia Business Conspiracy Act. Together, those dismissed claims represented nearly half of the substantive counts submitted to the jury.
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Dewhurst Lie #5:
The defendants were found “guilty.”
Truth:
Nobody was found “guilty” of anything; a guilty verdict occurs in a criminal proceeding, and this was a civil lawsuit. Furthermore, Ted did not represent anyone in any capacity at trial.
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Dewhurst Lie #6:
“What does Cruz do? Delays the case.”
Truth:
An appeal is an ordinary part of civil litigation, and all three tire companies (including the Plaintiff) appealed the decision—so Morgan Lewis’ work on the appeal has not delayed the litigation even a single day.
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Dewhurst Lie #7:
The defendants are simply “waiting for the plaintiff to die.”
Truth:
Plaintiff is quoting a statement made by another company—one that Morgan Lewis does not represent. Morgan Lewis has done nothing to delay the proceedings, and, in the course of litigation, Plaintiff himself has filed three motions for extension of time to delay the proceedings.
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Dewhurst Lie #8:
Ted supports and profits from “Chinese counterfeiting.”
Truth:
Again, Ted did not argue this appeal. He did however, argue, before the U.S. Supreme Court, a major case involving a stolen U.S. patent. Global Tech v. SEB. Ted represented a large manufacturer before the U.S. Supreme Court against a Chinese company that had stolen a U.S. patent. At Ted’s urging, the Court, 8-1, upheld a $5 million verdict against the Chinese counterfeiter and adopted a strict legal standard against those who misappropriate U.S. intellectual property.
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Dewhurst Lie #9:
Ted Cruz is “killing American manufacturing jobs.”
Truth:
This lawsuit has not impacted even a single American manufacturing job. In the 1990s, long before Mr. Fishman filed the lawsuit that David Dewhurst is trying to use to to smear Ted Cruz, Fishman moved his entire mining tire manufacturing to China. Fishman decided two decades ago to use Chinese labor, not American labor, to manufacture tires.
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Dewhurst Lie #10:
This case is about an American company vs. a Chinese company.
Truth:
This is a lawsuit between two Chinese factories, both of which manufacture tires. All of Fishman’s mining tires are manufactured in China. He is partners with a Chinese company, GTC, which he stated under oath manufactures all of his tires. His company, he stated, does no manufacturing whatsoever.
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Dewhurst Lie #11:
Jordan Fishman is an “American businessman and manufacturer.”
Truth:
While Jordan Fishman is himself an American, his business is not American. His company is based in the notorious tax haven of the Channel Islands in Europe. Fishman has been operating this business offshore for 30 years. It does not manufacture any products, and Fishman testified he spends as much as eight months a year in China running his Chinese factory.
http://www.tedcruz.org/facts/china