Steve Quest (p/k/a Montagraph) vs. Nicholas Robert Rekieta & Rekieta Law, LLC (2023)

[Sam Losco]

It might be because you don't follow the Rekieta thread. He called Schneider a "retard and a cuck" just last week in anticipation of this decision.


Well, that "retard and cuck" just beat what is allegedly the best 1A attorney in the county.

Sounds like "cunt" to me, not "cuck".

 

[Dixieland Buckaroo]

The estimate is rough, but yeah, this ABSOLUTELY needs to be featured. Null featured the last court outcome where Fischer ruled against Nick, thus triggering this appeal.

People can submit to community happenings. I don't know that losing an appeal is that newsworthy.

Thanks for the correction on Monte's fundraising. Schneider and associated counsel have been very efficient, I am honestly impressed with the work done so far.

 

[Captain Manning]

Sounds like "cunt" to me, not "cuck".

Oh, well, that's sooo much better.

(you may be right tho, he slurs).

Thanks for the correction on Monte's fundraising. Schneider and associated counsel have been very efficient, I am honestly impressed with the work done so far.

Schneider is more competent than some people seem to want to give him credit for. Here he held off Randazza. That's an accomplishment.

 

[AnOminous]

I kinda wish they resolved this question. By the definition of substantive law, anti-SLAPP seems to fit. But, also, summary judgement (closest analogue) is procedural, if my memory serves. @AnOminous , help me out here. Am I wrong on Summary Judgement?

At least in the federal Erie context, most courts to address the issue have concluded state anti-SLAPP laws are procedural, or if they aren't, federal law prevails anyway under the nearly incomprehensible Gasperini framework.

I disagree. I think this is the funniest outcome because if Randazza won, Nick could cope all the money he spent was worth it because it forced Fischer to consider and apply Colorado SLAPP.

I think it's second funniest because while this is the short-term funniest, cows are funniest when they're strutting around smugly after some minor victory that means nothing in the end, right before smugly stepping on another rake.

Schneider is more competent than some people seem to want to give him credit for. Here he held off Randazza. That's an accomplishment.

Remember that Nick coughed up enormous amounts of money for this L, while Schneider only had to argue that the district court was correct. I'm surprised the appeals court actually went to the fifth (tie-breaker) factor because I really didn't think it was this close a call, at least not before a couple people here made fairly convincing arguments as to its merit.

In any event, Nick paid premium prices to make a novel, speculative argument in an interlocutory appeal, while Monty and his lawyer essentially just stood pat and rested on the trial court's reasoning. For all that money, Nick ends up, months later and massively in the hole, in exactly the position he'd have been in if he hadn't pulled an insane gamba worthy of Bossman Jack.

 

[Captain Manning]

Also,

People can submit to community happenings. I don't know that losing an appeal is that newsworthy.

I might agree with you if it weren't for the fact that Null featured Fischer's initial decision that caused the appeal in the first place. This is an objectively bigger L as it comes from a higher court. Might as well keep giving updates about it.

 

[Useful_Mistake]

At least in the federal Erie context, most courts to address the issue have concluded state anti-SLAPP laws are procedural, or if they aren't, federal law prevails anyway under the nearly incomprehensible Gasperini framework.

So if this was a Federal case, the whole issue would have been pointless to begin with, given that even Randazza conceded that Minnesota law holds over procedural issues. I understand why the court didn’t go this route, but damn, that would have been funny.

Thanks for the correction on anti-slapp, btw. Appreciated.

 

[Lubby Smith]

A wealthy free speech absolutist with ODD would NEVER let this injustice stand.

Too bad Nick doesn't have the balls to appeal.

Just have another drink, cope, seethe, and take your hugely embarrassing L, buddy.

 

[AnOminous]

So if this was a Federal case, the whole issue would have been pointless to begin with, given that even Randazza conceded that Minnesota law holds over procedural issues. I understand why the court didn’t go this route, but damn, that would have been funny.

Thanks for the correction on anti-slapp, btw. Appreciated.

It isn't a universal opinion. For instance, the Second Circuit considers them substantive. Just offhand, the Fifth doesn't (it came up in a lolsuit even).

 

[Kopasea]

Schneider is more competent than some people seem to want to give him credit for. Here he held off Randazza. That's an accomplishment.

I thought that Monty hired a different attorney specifically for the appeal process.

 

[Strix454]

As most people should have been able to predict, the appeals court didn't agree with Rekieta's argument that the CO anti-SLAPP was constitutional in MN. Given that, it was always a stretch to see them rule in his favor.

Even if they had won on that point at the court of appeals, it would have inevitably gone to the state supreme court because of the implications of that decision (IMO). The state may eventually come to the conclusion that the Colorado formulation of anti-SLAPP gets around the constitutional questions of the Minnesota law, but I think institutionally everyone would prefer that to be decided by the courts in evaluating new anti-SLAPP legislation in Minnesota than in a retarded case like Nick vs. Monty.

 

[RussianParasite]

Nah, I have to own up to when I was wrong.

If I have learned anything from Lolcows on this website, it is that you absolutely do NOT have to do that.

I feel like this should be featured with the estimated dollar amount Rekieta wasted on Randazza.

I’d be curious to know what the LawKiwis estimate the cost to be so far. Probably like $100-200k?

I smell a settlement, which would be the least funny for us, the smartest for Rackets

That would mean Nick loses face and accepts and L. I don’t think he is sober enough to make a rational decision like that. I’m willing to bet that the sunk cost fallacy is well at work in his head.

Trust me, if he won this, he would have been insufferable

So, uh, no different than usual?

 

[Captain Manning]

I thought that Monty hired a different attorney specifically for the appeal process.

I think he did, but the initial and prevailing argument against applying Colorado law comes from Schneider. Plus I'm pretty sure Schneider chose the appellate attorney.

This is Schneider's victory. Nick is probably furious that the man he hates got a W against the biggest gun Nick could afford. The gun he still has to pay, or has already paid. No refunds!

So, uh, no different than usual?

Yeah, but worse. Ultra insufferable. It's not a question of demeanor, but degree.

 

[Terrifik]

Go for the gold Nick push to the Supreme Court.
Beyond that, you can't stop a lolsuit the easy way.
Monte is going to ask for blood to stop future defaming remarks.

 

[The Un-Clit]

I'll take the L then. Monty's lawyer pulled through. He keeps taking w after w in the most unlikely scenarios.

Sucks to be Rackets.

I really used to like this guy. It's a shame to see how he rocketed downhill so fast. It's a really good and public demonstration of just how destructive the Demon Alcohol can be, especially to those who love it the most.

It don't love you back.

 

[Oliver Onions]

I smell a settlement, which would be the least funny for us, the smartest for Rackets.

Which guarantees it as the path Nick won't take.

I don't know if it's petty spite or the holes in his brain from drinking but Nick will always choose the path of most resistance these days.

 

[beautiful person]

Lmao, awesome.

Happy Monday, Nick!

 

[xX_rAcE_wAr_420_Xx]

I really used to like this guy. It's a shame to see how he rocketed downhill so fast. It's a really good and public demonstration of just how destructive the Demon Alcohol can be, especially to those who love it the most.

It's fascinating, not only has his content gone WAY downhill compared to his old stuff - you know, back when he had legal opinions and commentary that seemed insightful and informative - but he's also failed in such a way that it retroactively makes his old content much worse. When his videos would trend a bit into the life advice type of content, and he would comment on something as a grounded trad internet daddy, and people found the perspective refreshing and encouraging? Well, kind of hard to rewatch that once you've seen him force jokes about sending his kids to church to get molested.

Incredibly ironically, and proving the universe has a sense of humor, it's the exact kind of person-shows-their-true-colors-and-ruins-old-content effect that makes Maddox's old writing forced unfunny garbage. The edgy opinion pirate shit doesn't work when you're a nasally-voiced balding Armenian, and the trad dad legal Chad shit doesn't work when you're a non-practicing lawyer and a practicing wetbrain coomer.

EDIT: whoops this isn't the lolcow thread, uh, on topic of the lawsuit, if Nick thinks he has such an airtight case then why on earth is it worth it to try to chase weird technicalities to get it thrown out? Like the point of SLAPP laws is to neuter frivolous and vexatious litigation, to avoid being able to financially punish people right? If I say something that is not defamatory about someone, they could otherwise drag me through court and even if I'm exonerated later I still have to shell out tons for lawyers, and so SLAPP laws make them prove shit upfront to protect speech. To spend a ton of money to try to get it dismissed early, in order to save money at trial, seems just kind of... retarded?

 

[RodgerDodger]

That would mean Nick loses face and accepts and L. I don’t think he is sober enough to make a rational decision like that. I’m willing to bet that the sunk cost fallacy is well at work in his head.

If he was capable of that he wouldn't be a cow. The Cow Creedo is
1. Never Learn from Past Mistakes
2. Never admit or accept you were wrong
3. Always double down on anything.

 

[mindlessobserver]

I feel like this should be featured with the estimated dollar amount Rekieta wasted on Randazza.

Sadly we may never know how much money Rekieta burned on this Jurisdiction fight. Not unless he drunkenly spills the beans himself.

It certainly was not a small number though.

 

[Anonymus Fluhre]

It's up.
View attachment 6004595

Isn't that neat?