Maybe Ty thought these denials could be added after the original filing through the affidavit, and attached it at the last minute (actually a few minutes after the last minute) to the response to the TCPA dismissal. This would have been fine, had they not been improperly notarized. Even that would have been fine, had the courts considered the second amended petition, as they should have. My problem with it is, if he knew the TCPA would impose these restrictions (and he did), why did he not try to get the denials in sooner? Surely it wouldn't have been that onerous to attach anything to the original petition to definitively get them in, rather than wait until after the TCPA is filed and hope bad actors and bad procedure don't win out. Maybe this is just easy to complain about in hindsight.
