Cultcow Russell Greer / Mr. Green / @ just_some_dude_named_russell29 / A Safer Nevada PAC - Swift-Obsessed Sex Pest, Convicted of E-Stalking, "Eggshell Skull Plaintiff" Pro Se Litigant, Homeless, aspiring brothel owner

[CWCissey]

Well we all know how this will end...

 

[DrJonesHat]

Ok, legal Kiwis, what do you think Freemantle's first step will be? As I recall, Russ agreed to arbitration by submitting an audition, so will Freemantle be able to get the suit tossed on that alone?

 

[Drowningman]

He might double down and go for broke on this AGT lawsuit.
It's going to be a fun one.

 

[Useful_Mistake]

Ok, legal Kiwis, what do you think Freemantle's first step will be? As I recall, Russ agreed to arbitration by submitting an audition, so will Freemantle be able to get the suit tossed on that alone?

Because Russ violated his arbitration contract with Freemantle, Fremantle could petition the court "for an order directing that such arbitration proceed in the manner provided for in such agreement." 9 U.S. Code § 4. In simple terms Fremantle could ask the court to force Russ to proceed to arbitration as they had agreed previously.

 

[Da Dude123]

The ultimate punishment, the ONE thing that is going to really push Russ over the edge, is when he can no longer get an erection.
I can't imagine a steady diet of sugary cereal, microwave dinners for one, and Planet Fitness pizzas is good for your libido.

Imagine having the sex drive of a teenager, but your equipment doesn't work. It would be a living hell. A circle in hell that Russ truly deserves.

He'd probably buy a bunch of Blue Chews, eat too many of them at once, and have a stroke.

Lol @The Planet Fitness Pizzas. I bet the cow never misses pizza and bagels day at Planet Fitness. And we never forget his Colossal Crunch cereal. That is his main dish.

 

[DrJonesHat]

Because Russ violated his arbitration contract with Freemantle, Fremantle could petition the court "for an order directing that such arbitration proceed in the manner provided for in such agreement." 9 U.S. Code § 4. In simple terms Fremantle could ask the court to force Russ to proceed to arbitration as they had agreed previously.

I'm guessing arbitration gives Freemantle an advantage over being sued, or they wouldn't put that clause in the terms and conditions. Can you or another person knowledgeable about legal matters enlighten me as to the difference between a lawsuit and arbitration and why Russ is probably at a disadvantage?

 

[Meat Target]

I'm guessing arbitration gives Freemantle an advantage over being sued, or they wouldn't put that clause in the terms and conditions. Can you or another person knowledgeable about legal matters enlighten me as to the difference between a lawsuit and arbitration and why Russ is probably at a disadvantage?

Arbitration vs. Litigation: What Is the Difference?

Arbitration can be done with a trained third party, while litigation involves going to court. Learn how these two dispute processes differ for businesses.

www.thebalancesmb.com

Arbitration vs. Litigation Compared
	Arbitration	Litigation
Type of Proceeding	Private - between the two parties	Public - in a courtroom
Evidence allowed	Limited evidentiary process	Rules of evidence allowed
Jurisdiction	Yes, depending on type of case	No jurisdiction involved
How arbitrator/judge selected	Parties select arbitrator	Court appoints judge - parties have limited input
Appeal available	Usually binding; no appeal possible	Appeal possible
Speed of process; waiting time before start	As soon as arbitrator selected; short	Must wait for the case to be scheduled; long
Costs	Fee for the arbitrator, attorneys	Court costs, attorney fees
Use of attorneys	At the discretion of parties; limited	Extensive use of attorneys; essential

 

[Useful_Mistake]

I'm guessing arbitration gives Freemantle an advantage over being sued, or they wouldn't put that clause in the terms and conditions. Can you or another person knowledgeable about legal matters enlighten me as to the difference between a lawsuit and arbitration and why Russ is probably at a disadvantage?

Arbitration's decisions are handled by a third party instead of judge. It's faster, and oftentimes cheaper. Fremantle gets to chose the third party (they chose JAMS) and the venue. In simple terms, you play by their rules, although you still can't be forced to do illegal acts and you can still challenge in court the invalidity of your arbitration contract (only after the arbitration decides who won, though) (or in rare cases the final decision). See Nagrampa v. Mailcoups, Inc. 469 F.3d 1257 (9th Cir. 2006), Aerojet-General Corp. v. Am. Arbitration Ass'n, 478 F.2d 248 (9th Cir. 1973)

 

[DrJonesHat]

Arbitration's decisions are handled by a third party instead of judge. It's faster, and oftentimes cheaper. Fremantle gets to chose the third party (they chose JAMS) and the venue. In simple terms, you play by their rules, although you still can't be forced to do illegal acts and you can still challenge in court the invalidity of your arbitration contract (only after the arbitration decides who won, though) (or in rare cases the final decision). See Nagrampa v. Mailcoups, Inc. 469 F.3d 1257 (9th Cir. 2006), Aerojet-General Corp. v. Am. Arbitration Ass'n, 478 F.2d 248 (9th Cir. 1973)

Can Russ be penalized in any way because he didn't even try to go to arbitration and went straight to suing them?

 

[Useful_Mistake]

Can Russ be penalized in any way because he didn't even try to go to arbitration and went straight to suing them?

My knowledge on arbitration is not that good, but I'm sure this could count as a bad faith action (or a frivolous one) and the court (if it so chose) could punish him while ordering him to proceed to arbitration. Sadly, the Federal Arbitration Act does not speak about this, and I have not read any similar caselaw. The only thing the act mentions that is similar to this is what I mentioned here:

Because Russ violated his arbitration contract with Freemantle, Fremantle could petition the court "for an order directing that such arbitration proceed in the manner provided for in such agreement." 9 U.S. Code § 4. In simple terms Fremantle could ask the court to force Russ to proceed to arbitration as they had agreed previously.

 

[AnOminous]

Ok, legal Kiwis, what do you think Freemantle's first step will be? As I recall, Russ agreed to arbitration by submitting an audition, so will Freemantle be able to get the suit tossed on that alone?

Probably. They could just file a 12(b)(6) to get a ruling on the merits, or send him a Rule 11 warning letter if they want to go after sanctioning the rat-faced little gimp to make an example of him. My guess would be they'd file a motion to compel arbitration, though.

He probably signed something similar or even identical to this:

You note this includes an agreement to pay a share of the arbitration fees, which they will be wanting up front.

 

[Useful_Mistake]

He probably signed something similar or even identical to this:

He agreed to AGT terms of service for auditions which included these parts:

 

[Sexy Senior Citizen]

So, no jury trial for Russ, then. That's gotta sting.

 

[DrJonesHat]

So, no jury trial for Russ, then. That's gotta sting.

He has no idea what he just blundered into.does he?

@AnOminous what happens if he can/won't pay arbitration fees?

 

[SunburnNation]

Alright, we've got three weeks starting now until they have to reply. How long do we think it'll take for them to fire back? Given that all they have to do is copy-paste the contract he signed where he agreed he couldn't do this and then fluff it up with legalese I'd wager it won't take too long, but that would assume they give a shit about any of this.

 

[DrJonesHat]

Alright, we've got three weeks starting now until they have to reply. How long do we think it'll take for them to fire back? Given that all they have to do is copy-paste the contract he signed where he agreed he couldn't do this and then fluff it up with legalese I'd wager it won't take too long, but that would assume they give a shit about any of this.

They'll reply in some way, if only to slap him hard enough to make an example of him.

 

[SunburnNation]

They'll reply in some way, if only to slap him hard enough to make an example of him.

Oh absolutely, but they're not about to fire back the next day. He's not worth that much, especially not since all they have to do is bring up the contract.

 

[Useful_Mistake]

Alright, we've got three weeks starting now until they have to reply.

21 days from 12/14/2021 (the day they were served), so a bit less now.

How long do we think it'll take for them to fire back?

Probably three weeks. They are busy, and lawyers tend to like to use up all the time making their responses (to ensure best quality)

 

[DrJonesHat]

Probably three weeks. They are busy, and lawyers tend to like to use up all the time making their responses (to ensure best quality)

And during that time, Russ will be convinced they're about to cave and let him on the show. This brings up an interesting question. He's claiming it's hard and expensive for him to hire the band (his "accommodations") so they should let him on the show. Does he not realize there's more than one round and he'd need them for every stage of the show he advanced to? Or is he just expecting them to let him on and declare him the winner?

 

[Damien Thorne]

And during that time, Russ will be convinced they're about to cave and let him on the show. This brings up an interesting question. He's claiming it's hard and expensive for him to hire the band (his "accommodations") so they should let him on the show. Does he not realize there's more than one round and he'd need them for every stage of the show he advanced to? Or is he just expecting them to let him on and declare him the winner?

He is expecting to play his song for Heidi, and then expecting Heidi to spread her legs for him on live national television.