Nicholas Robert Rekieta / Rekieta "Law" / Actually Criminal / @NickRekieta - Polysubstance enthusiast, "Lawtuber" turned Dabbleverse streamer, swinger, "whitebread ass nigga", snuffs animals for fun, visits 🇯🇲 BBC resorts. Legally a cuckold who lost his license to practice law. Wife's bod worth $50. The normies even know.

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What would the outcome of the harassment restraining order be?

  • A WIN for the Toe against Patrick Melton.

    Votes: 63 18.0%
  • A WIN for the Toe against Nicholas Rekieta.

    Votes: 4 1.1%
  • A MAJOR WIN for the Toe, it's upheld against both of them.

    Votes: 93 26.6%
  • Huge L, felted, cooked etc, it gets thrown out.

    Votes: 55 15.7%
  • A win for the lawyers (and Kiwi Farms) because it gets postponed again.

    Votes: 135 38.6%

  • Total voters
    350
M O T I O N D E N I E D

>What is this lawsuit? Can I get a quick run down??? WHAT IS HAPPENING????:

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What are thr odds he cancels his interview stream tonight to cope and seethe?

His LOCALS should be interesting and thr superchats spocy.

Even if I still liked Nick, I have a hard time convincing myself that daring someone to sue you and calling them a paedo is something you should not be sued over.

Nick's stated intention to clean up his image is too little and too late.
 
This is your moment Nick. You have to go after the judge with everything you have. Call her names. Accuse her of things. Send Spectre in to search her trash. You have to do this Nick. This cannot stand.

Also put every cent you have left into an appeal. The judge ruled against you so the judge is obviously wrong. Take this all the way up through the state courts and then to the US Supreme Court.

You can't let us incel conservative prude "haters" win Nick. Destruction beacons Nick. Throw yourself fully into the volcano and don't let anyone stop you. This is your moment Nick. Take yourself from lolcow to that ragepig self-destructive insanity level thats waiting inside you.
 
So reading through it,
a) Calling someone a pedo being per se defamation in Minnesota makes the case difficult to dismiss. Even if the case wasn't well presented.
b) Colorado Law doesn't apply in Minnesota because Minnesota courts found its own anti-SLAPP law unconstitutional. Nick's side also made an unfortunate statement where they said an anti-SLAPP ruling would be just like a summary judgement. The statement was used against them.
c) The judge passively goes after the filings for both sides for having been so large and yet produced so little material on the key legal issues related to defamation and in particular how Monty was damaged.
d) The judge suggests that Monty's side didn't make a great case on facts of the defamation and the damages associated with it. The judge suggests that she would be willing later in the process to reconsider a dismissal if Monty's side can't make a better case.

Its probably worth saying now that IMO Nick's attorney, for all his reputation and all the money Nick paid him, did a remarkably bad job in all this. They went for an unlikely home-run argument about colorado law, they went off into the weeds writing a massive biography of Monty in their filings rather than focusing on basic legal arguments. They spent a whole lot of money on those filings and at this point have gotten nothing for it.

I'm certain the attorney was doing exactly what Nick wanted, but its still a really bad result for all the time and money spent on this.
 
He needs to tell that whore of a judge what she is.

That Judge is actually Pippa Pipkin. She's just getting revenge on Rekieta for poking fun at her audience.

Seriously: how did this motherfucker anticipate any outcome that would be in any way different to this one? A first year law student could have called this yet the Pope of LawTube and the best 'first amendment lawyer in the country' couldn't see it coming?

Morons. They're a pair of fucking morons. But at least Randazza is getting paid to play silly buggers.

Also: Congrats to David Schneider. He might not have won his motion for Summary Judgement, but he's still got his legal balldo stuck deep into Rekeita's wallet.
 
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They went for an unlikely home-run argument about colorado law, they went off into the weeds writing a massive biography of Monty in their filings rather than focusing on basic legal arguments.
But at least Randazza is getting paid to play silly buggers.
Rackets is just lighting money on fire. If Monty wins in the end Rekieta may be so broke that to cover the damages a portion of every superchat gets siphoned by the court to service it. Imagine if the court was able to order Rackets to give Monty the Balldomobile.

Remember when Rackets thought that having Randazza on retainer would prevent people from suing him over mean words? Well it turns out hiring the country's most hyped up "1st Amendment lawyer" doesn't do a whole lot when you say stuff that is defemation per se. Oh and having the judge and plaintiff's attorney hating your guts. I bet Monty's Lawyer is doing this at a massive discount.
 
Rackets is just lighting money on fire. If Monty wins in the end Rekieta may be so broke that to cover the damages a portion of every superchat gets siphoned by the court to service it

Rackets come have made this whole thing disappear right at the very start with a retraction and an apology. He refused to do that, despite obviously knowing that what he'd said would be defamatory per se and could result in his losing a very expensive action for defamation.

I think there were a couple of reasons for this.

First, he's a bully. He thought, "I'm much richer than Monty. No way can he outlast me in court. He'll go pro se, he'll make mistakes, I'll fucking hammer him to widespread applause from the peanut gallery."

Secondly, he spends way too much time huffing his own farts. When the audience started to tell him those farts smelled of Chanel No. 5, he started to believe them.

"I'm a principled first amendment warrior. I'm not letting some jumped up pervert tell me what I can and can't say on-line. Even if that dirty melon fucker does try to sue me, hundreds of thousands of people who support free speech will be falling over themselves to spunk money into my bank account to fight the good fight. Even if I lose, I'll win."

And that narrative might have had some traction a year ago. Today though, we know way too much about Rekieta to be falling for that bullshit. This nigger has the money to be spunking $200k on new cars, he can fund his own vanity lawsuit. He thinks it's an 'investment in his channel and his reputation?' Well, he's the one who would be reaping the benefits of any such investment, he should be using his own money to invest.

One thing is for sure though. This is going to be a damn sight more interesting than Pippa fucking Pipkin. Be interesting to see how much commentary this case gets from other lawtubers for a start.
 
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Point of Note: Emily D. Baker's interviews are called "Cross Examinations." Just found it funny that he copied her.

EDIT:
Sent the motion to an attorney friend who knows nothing of the case. Asked for initial "thoughts."

First words out of their mouth: "Well it appears the judge is not to fond of this guy who calls people faggots and pedophiles..."

Imagine having to tell your own children it was your own big "lawyer" mouth by calling people pedophiles and faggots, that got you sued, and that's why you have to go to a shit college now? Sawwwy kiddos! Daddy couldn't keep his mouth shut.

Pathetic.
 
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Point of Note: Emily D. Baker's interviews are called "Cross Examinations." Just found it funny that he copied her.
He can cherry pick the good indicators, because they are there. But the real determination on how bad he seethes is how capable he is of compartmentalizing the bad indicators, which definitely exist. The biggest of which in my non-lawyer opinion, someone can correct me if I'm wrong, is that the judge acknowledges that accusations of pedophilia and sexual abuse of a minor are defamation per se. Whether or not a reasonable person would construe what Nick said as an actual accusation or "lol just a joke bro" is almost certainly a jury question.

Regardless, he's going to be blowing a lot more money on discovery and further motions so it will be funny for us either way. But I would be very surprised, as a non-lawyer, if Nick got out of this without facing a jury. Most of the negativity toward Montagraph in those documents seemed to me targeted towards his other complaints that would require him to show damages. Those can also be rectified with further filings. But the judge didn't seem to really throw much shade at the accusation of pedophilia complain so Nick shouldn't get too comfortable.

As to what the jury might decide, I'll just say that I as a viewer of Rekieta for over 4 years did not take what he was saying about Montagraph as a joke. I, someone who understands the culture and theme of his channel very well, absolutely saw it as an accusation and any denial he has about it is equivalent to him trying to defend his "on the wall" comments. Does Montagraph SEEM like a pedophile? Yes. Is he? Most likely not from the evidence I saw. But Nick from this, at the time, viewers perspective was absolutely making a claim that not only was Montagraph a pedophile but that he actually engaged in pederasty. Did I believe him? No. But the attempt was made.
 
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He can cherry pick the good indicators, because they are there. But the real determination on how bad he seethes is how capable he is of compartmentalizing the bad indicators, which definitely exist.
There really is no good way to spin this from the position of a Lawtuber. This is the natural result of attaching oneself to other people for the sake of milking their drama (friend or foe). He blew up covering one defamation trial only to end up in his own the very next. How does a commentator cover their own trial without looking like a complete biased retard? And should he reasonably bother for his own legal sake? It will not do his reputation any favors. Even if he "wins" the case, this isn't a Kyle Rittenhouse-style affair. It's not going to smell roses when he wins. There's no trophies for lawsuits that exposes oneself as the biggest fake internet lawyer of all time. This is basic bitch Youtuber 101.
 
Suggesting that the judge denied the motion because it was "premature" is delusional.

1) The judge rejected the attempt to dismiss based on Colorado law entirely. Nick suffered a total defeat on that point.
2) The judge (critically) said that Nick's statements are defamatory per se under Minnesota precedent. That was another major loss for Nick in the ruling and puts him at a tremendous disadvantage for the rest of the case.
The critical thing about per se defamation is that it doesn't require Monty's side to prove that he was damaged. The statement having been made by Nick alone is enough.

What the judge said is that there is currently a lack of evidence as to Nick intentionally and neglegently inflicting emotional distress on Monty. But that it is improper to grant a summary judgement on those grounds prior to discovery.

The question in the discovery phase becomes what Nick's motives were in calling Monty a pedophile. Did he do it intentionally and did he do it in a negligent manner.

Nick is in a real bind on that point though. He is in a bind because he addressed the complaint in the case point by point on stream. He has talked a great deal about his motives in what he has said. And he has made in particular reckless statements about Monty, claimed that he has proof of things Monty has done and (worst of all) made claims that he has information (such as law enforcement interest in Monty) that probably does not exist.

Claiming you have proof of such-and-such a thing when you don't have proof of it is how you get to negligence.

With all of those statements on the record, he can't say anything to contradict any of those previous statements in his deposition. That is why you don't talk about cases in public in the way Nick has been talking about his.

"Free Speech" arguments are essentially over. The judge agrees that the law (per se) says that Nick has defamed Monty in a damaging way through his statement. All Nick has left is to try and argue that he didn't mean what he said. That he didn't mean to say anything that would harm Monty. To back down like the cowardly faggot he is.

The judge has left that path open to a dismissal after discovery, But if I were Nick I wouldn't count on getting one. Nick just needs to review his previous statements about Monty and Nick's explanations of his motives.

By going over the decision on-stream, Nick will only dig the hole deeper for himself. If Schneider is able to put together a convincing plausible argument showing Nick's intentions and negligence in making the statements, this could go all the way to trial.
 
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