Sorry for posting so much today but this case seems like it has moved from a dry legal matter to a
dramatic human matter which I feel I understand better and have more to say about.
I assume he is more familiar with Utah rules and caselaw than Florida's?
I think is part of it but I also think part of it is that Russ is starting to realize this case isn't going his way right now. You have to remember when all the shenanigans with the 10th Circuit happened Russ was sure he was going to win.
Then things started going badly after his lawyers left but he resolved to rehire his old lawyers who could magically fix everything and he would still win.
Now with the stay being denied and the venue being changed he has realized he is currently losing.
Imagine fighting extremely hard and putting yourself through a lot of stress to finally corner someone and then it slips out from your fingers, the person you had in the corner ready to completely ruin them and they just slipped out from your grasp while saying "LMAO". I'd be extremely unhappy and might flail about a bit after something like that.
If the SCOTUS doesn't grant Cert I am all in favor of the Chaos option. Filing the exact same motion to dismiss as was filed in the 10th circuit and forcing the 11th circuit to create a circuit split.
It would be cheap to do too. Simply Cntrl-c, and then Cntrl-V. Maybe edit it a little bit for relevant 11th circuit cases. Cheap, easy, and designed for maximum chaos because even the 11th would know they are being forced to either affirm the 10th circuits abortion of a ruling, or cause a split. But this is simply me sitting here like the Cheshire cat on the tree wanting to grin at more entertainment. The smart choice would be to just approach the transfer as a brand new case.
I don't know if the chaos option is the right decision yet, though with the financial resources Moon has at his disposal he might be able to pursue multiple strategies at once. Moon has a war-chest but not an infinitely big one. He may need to pick and choose his battles or even conduct them in the best timeframe possible. The chaos option is probably not the right move at the moment.
That being said sometimes if banging your head into something doesn't work the best way to deal with something is to try something radically different. It seems like this site attracts unusual events and bizarre scenarios so maybe this is right.
If nothing else it would be entertaining.
Honestly the fact the judges let this shit go on so long, let it go to a retarded appeal decision, let Greer just straight ignore shit he's supposed to do only to go "actually on second thoughts this is actually Florida's problem" is fucking peak legal bullshit
This is the kick the can down the rode type of situation. The Utah court dealt with this lawsuit and then the 10th fucked up everything and if you are a judge you don't want to do anything that can bring too much attention on you. This is probably the best move you can possibly make if you are the Utah Judge. If I am correct and Hardin realized and predicted this and moved to exploit it several months ago then he is a genius and I think Moon will win any decent case that Hardin brings.
But Florida is not governed by the 10th circuit court so the local court may not have the same constraint and they may smack Russ down. Also the 11th court might take the opportunity to contradict the 10th. Correcting another circuit court and possibly having the Supreme Court agree with you over the other court seems like it might be worth doing as a small p political move.
There is one reason not to be optimistic however. The 11th court includes Georgia and Georgia has some film industry present within it. The film industry tends to be very protective of copyright for obvious reasons.
I don’t really care that much about Rekieta ruining his legacy in regards to Weeb Wars, Rittenhouse, or any of the generally “good” positions he professed as much as I’m bothered that I can never enjoy the Greer content he put out the same way again.
Tbqh while I wish the best for his family and the man even now he is ultimately just some pixels on a screen to me that I once found entertaining. I won't pretend otherwise.
He is really fucking up by not covering stuff like this. I can understand not wanting to cover certain cases because they can be kind of boring but this case is really entertaining. He really did find a good Niche he could have filled and made ungodly amounts of money off of and he blew it.