TCPA Hearing 9/6/19 - Marchi ran from the Law, TI crumbles, conspiracy still on the table, and collective autism from all sides.

[Immaculate Ape]

Aren't damages presumed in Vic's case?

In defamation per se, in TI the judge is asking for proof of damages incurred or at least evidence showing that Vic lost business as a result of said TI

 

[Duke-Diggler]

Gotta side with the Judge on this too. BHBH had time to get information from the prospective conventions to corroborate the TI, but he instead relied on inference which ultimately cost him a TI claim

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@herexcell does seem level-headed when it comes to the court hearings. As I read it, I did side with the judge on this assertion. I'm now disappointed in Ty for not actually providing more for the TI. Though, I thought the phone call and text messages were enough. Guess I was wrong.

 

[Random Internet Person]

To be honest, as the sperginess has subsided, I do admit that I actually have some respect for Marchi's lawyer. From what I gather, he did seem level-headed and knows what he's doing.

Next time I hire a lawyer, it'd be a strip mall lawyer.

That, and don’t put your foot down to play stupid games.

Gotta side with the Judge on this too. BHBH had time to get information from the prospective conventions to corroborate the TI, but he instead relied on inference which ultimately cost him a TI claim

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Isn’t that what the Farms did?

As my lawyer once told me, "Making Judge is seen as retirement by lawyers". They don't go there wanting to work. You're basically impinging on their retirement time so they're salty as fuck right out of the gate.

I had a lawsuit, some crazy bitch tried to steal music I wrote. The music was in my name, copyrighted in my name, etc. She still tried to claim she wrote it. The case went to a supreme court. The court's automated system dismissed my case by accident. No good. I can't go into specifics but the details of my case were that it was actually illegal for it to be outright dismissed. It had to be seen and ruled by a judge.

My lawyer contacts the judge. Judge: "It's dismissed - let it stay dismissed"
My lawyer contacts the judge a second time telling him he has to un-dismiss it and look at it. Judge: "I said it's dismissed".
Third time my lawyer contacts, judge doesn't even respond. Has his assistant reply, "Not sure why you're pushing this. Judge says that even if you win, he's not going to award you any money so if you're looking for money, go away".

I wasn't looking for money - I needed the lawyer to rule in my favor so that the chick couldn't come after me again.

Last time my lawyer threatened to file some kind of lawyer thing where you declare no-confidence in the judge you've been assigned. "This is gonna piss him off, but he'll look at the case" my lawyer said. Sure enough, Judge blows a fit but agrees to look over the case because if the no-confidence thing goes through it'll look really bad for him because he wasn't supposed to dismiss the case to begin with.

Judge rules in my favor (as expected), Refuses to give me damages (which the specific law concerning my situation said I was entitled to). Throws us out of his courtroom. No matter, I won what I needed which was for him to rule in my favor.

Outside, I mentioned to my lawyer that I never saw someone get so pissed that they had to do their job. My lawyer says, "The legal system is broken pretty badly. It needs to be fixed but it's not gonna get fixed". After that lawsuit I completely adjusted my view of judges. Now, everything makes a lot more sense and I don't get worked up over it.

Why do you think Judge Judy is a crabby snark machine?

 

[PrinceofAllCucks]

Gotta side with the Judge on this too. BHBH had time to get information from the prospective conventions to corroborate the TI, but he instead relied on inference which ultimately cost him a TI claim

View attachment 925862

Ty, you didn't have to even infer it. You could've gone to any of the conventions that had canceled Vic, shown them the portion of the Slatosch messages and say "We know of interactions between Ron and Monica with conventions and we were just erring on the side of caution here. Have you been contacted by Mr. Toye or Ms. Rial around such and such date?"
You could've been doing this for months and just didn't.

 

[Random Internet Person]

To be honest, as the sperginess has subsided, I do admit that I actually have some respect for Marchi's lawyer. From what I gather, he did seem level-headed and knows what he's doing.

Next time I hire a lawyer, it'd be a strip mall lawyer.

That, and don’t put your foot down to play stupid games.

Gotta side with the Judge on this too. BHBH had time to get information from the prospective conventions to corroborate the TI, but he instead relied on inference which ultimately cost him a TI claim

View attachment 925862

Isn’t that what the Farms did?

As my lawyer once told me, "Making Judge is seen as retirement by lawyers". They don't go there wanting to work. You're basically impinging on their retirement time so they're salty as fuck right out of the gate.

I had a lawsuit, some crazy bitch tried to steal music I wrote. The music was in my name, copyrighted in my name, etc. She still tried to claim she wrote it. The case went to a supreme court. The court's automated system dismissed my case by accident. No good. I can't go into specifics but the details of my case were that it was actually illegal for it to be outright dismissed. It had to be seen and ruled by a judge.

My lawyer contacts the judge. Judge: "It's dismissed - let it stay dismissed"
My lawyer contacts the judge a second time telling him he has to un-dismiss it and look at it. Judge: "I said it's dismissed".
Third time my lawyer contacts, judge doesn't even respond. Has his assistant reply, "Not sure why you're pushing this. Judge says that even if you win, he's not going to award you any money so if you're looking for money, go away".

I wasn't looking for money - I needed the lawyer to rule in my favor so that the chick couldn't come after me again.

Last time my lawyer threatened to file some kind of lawyer thing where you declare no-confidence in the judge you've been assigned. "This is gonna piss him off, but he'll look at the case" my lawyer said. Sure enough, Judge blows a fit but agrees to look over the case because if the no-confidence thing goes through it'll look really bad for him because he wasn't supposed to dismiss the case to begin with.

Judge rules in my favor (as expected), Refuses to give me damages (which the specific law concerning my situation said I was entitled to). Throws us out of his courtroom. No matter, I won what I needed which was for him to rule in my favor.

Outside, I mentioned to my lawyer that I never saw someone get so pissed that they had to do their job. My lawyer says, "The legal system is broken pretty badly. It needs to be fixed but it's not gonna get fixed". After that lawsuit I completely adjusted my view of judges. Now, everything makes a lot more sense and I don't get worked up over it.

Why do you think Judge Judy is a crabby snark machine?

In defamation per se, in TI the judge is asking for proof of damages incurred or at least evidence showing that Vic lost business as a result of said TI

And since TI failed, Vic is fucked.

 

[Duke-Diggler]

Ty, you didn't have to even infer it. You could've gone to any of the conventions that had canceled Vic, shown them the portion of the Slatosch messages and say "We know of interactions between Ron and Monica with conventions and we were just erring on the side of caution here. Have you been contacted by Mr. Toye or Ms. Rial around such and such date?"
You could've been doing this for months and just didn't.

What does discovery mean, anyway? Does that mean an investigation would be in place? Or does it mean that the things discovered would be in the case?

 

[SpiceWeasel21]

Outside, I mentioned to my lawyer that I never saw someone get so pissed that they had to do their job. My lawyer says, "The legal system is broken pretty badly. It needs to be fixed but it's not gonna get fixed". After that lawsuit I completely adjusted my view of judges. Now, everything makes a lot more sense and I don't get worked up over it.

I have a relative who's going through family court right now. Their spouse was physically and psychologically abusive toward their children, and even with video evidence (using the camera the abuser installed, ironically), the judge is still considering awarding them visitation rights. It's bullshit like this that, whenever I vote and there are judges on the ballot, I always vote that they should not be retained. I don't give a fuck what party they identify as either - no votes completely down the line. It never usually matters, but it makes me feel better.

 

[Mister Y]

OK, reading HerExcellency, I think an appeal is needed.

1) Vic is public figure because 25 persons were there ? Really ? So if I want to claim that the guy who sues me is a public figure, all I have to do is to aks my whole football club to shows up to the hearing, and boom, public figure! But Vic wasn't even there, so what if those 25 people showed up for Monica ? That's a sloppy way to decide someone is public figure.

2) Defendants are not suable for TI because no damage occured in the end ? Wait, is the legal system supposed to punish criminal intent or criminal success ? For fuck sake.
You're honor, I'm want to sue X for murder attempt - you can't - but he tried to kill me - maybe, but obviously, you're still alive, so what are you complaining about ?

 

[Astro Galactic Megalul]

In defamation per se, in TI the judge is asking for proof of damages incurred or at least evidence showing that Vic lost business as a result of said TI

Right, thanks, there's just so much shit that I'm getting things mixed up

 

[GenericReviewerDraco]

I hope at least after this, people can all be done with this tard cum-toast "art vs artists". It never works. Don't put your money in the pocket of evil people.

I pirate their shit anyway so I'm good on separating the art from the artist.

 

[X Prime]

Ty, you didn't have to even infer it. You could've gone to any of the conventions that had canceled Vic, shown them the portion of the Slatosch messages and say "We know of interactions between Ron and Monica with conventions and we were just erring on the side of caution here. Have you been contacted by Mr. Toye or Ms. Rial around such and such date?"
You could've been doing this for months and just didn't.

Well to be fair, were they obligated to answer him?

 

[BrandedEagle]

Please shut the fuck up and go drink an ovaltine or something.

how about no and no. I'm entitled to share my opinions just like everyone else and i've not broken the rules and last I checked kiwi farms isn't resetera where there are a bunch of unstated rules.

yeah my opinions are unpopular atm but whatever. I come here to interact not for asspats. those are for twitter tards.

 

[fat ugly sped]

What does discovery mean, anyway? Does that mean an investigation would be in place? Or does it mean that the things discovered would be in the case?

Discovery means that you can demand that other parties answer your questions, produce documents, provide testimony, etc.

 

[Random Internet Person]

Ty, you didn't have to even infer it. You could've gone to any of the conventions that had canceled Vic, shown them the portion of the Slatosch messages and say "We know of interactions between Ron and Monica with conventions and we were just erring on the side of caution here. Have you been contacted by Mr. Toye or Ms. Rial around such and such date?"
You could've been doing this for months and just didn't.

So much for Fist of the Beard Star Samurai Ty.

 

[BimWitted]

Yeah, if there was one most disappointing aspect about the job Ty did, it's that he should've brought a lot more evidence.

 

[Vampy]

Gotta side with the Judge on this too. BHBH had time to get information from the prospective conventions to corroborate the TI, but he instead relied on inference which ultimately cost him a TI claim

Fair point.
Everyone here, me included, is biased towards Ty but we should agree that he could have done things better. This doesn't mean he is a Fake lawyer(tm) or the case is lost but he can definitely improve for the appeals or whatever comes next.

 

[HungrySkeltal]

Nick needs Ty on the show ASAP to explain how the TI claims completely fell through.

 

[quickthrowaway]

Well to be fair, were they obligated to answer him?

Sounds like a no.

 

[RogerSmith77]

Have been silently observing things about this case for a while now, but am gonna give my take in light of recent events:

#1. Judge Chupp is a joke. A complete disgrace to the profession. Needs to go back to practice for another decade before he's ready for the bench. If what I'm reading is correct, he treated this like a fucking summary judgment hearing (the kind of hearing that takes place AFTER discovery), not a TCPA hearing. The entire point of CPA laws is to get rid of meritless defamation lawsuits designed to silence the public. In laymens terms, the means to which this is accomplished is by making the plaintiff present some evidence demonstrating that the case has merit. From what I'm reading (albeit, just from what people in the courtroom have said), Chuppy boy had his mind made up before either party ever uttered a word. Where are the contracts and dollar figures, Chuppy boy? Gee I dunno. It's called DISCOVERY and in case you forgot, I'm not entitled to it right now. And as for your dumbass argument about liking cat pictures on facebook, no, liking cat pictures alone does not prove conspiracy, but when we've got you liking cat pictures, routinely meeting with the Cat Fanciers of Texas organization and the Texas legislature to discuss the need to have cat parades every fucking tuesday and we all the sudden see a new law passed requiring that Texas host cat parades every fucking Tuesday, maybe, just maybe we have a conspiracy here. Dumbass.

#2. Ty fucked up. BIG TIME!!! I was gonna keep quiet about this, but it needs to be said. The whole 'its defamation because vic is not a piece of shit" letter? I can understand that to an extent (pumping billable hours unfortunately). Losing his composure at the deposition with Soye boy's endless I don't recalls? I've lost my temper with a squirrely witness before. It happens and I can totally understand it (especially at a deposition where it's perfectly okay to fuck up to a certain extent). But what lost me was the minute Ty's response to the Defendants' MTD was late. 15-45 minutes doesn't sound like much, but he had an ENTIRE MONTH to draft what ended up being 30+ actual pages (not included all of the attached exhibits). If you guys were giving me $250,000 to fight on your behalf and Vics, I would have had that shit done no more than a week after the Defendants' MTD and would have spent any remaining time proof-reading and looking for additional affidavits to include. And I'm just some random criminal defense lawyer who spends most of his time overworked and underpaid with court appointed defendants. But Ty is the partner at a full fledged fucking law firm. There is NO EXCUSE to be filing a response even 5 seconds after the deadline, let alone 45 minutes. And perhaps that is partially what Chuppy boy was angry about this morning. Add that in with the whole thing about not having authenticated the full threads of tweets he was referring to and we have nothing but full-blown amateur hour by Mr. Beard. If Chuppy boy dismisses everything and the Court of Appeals firms, Vic has a valid as hell malpractice argument against the beard man.

#3. I predict (and hopefully I turn out to be wrong about this) that Chuppy boy is going to dismiss the entire case within 30 days and that he is simply exercising his right to take the matters under advisement so that he may draft up what he believes to be an "appeal proof" opinion. Again, maybe I'm wrong about this, but I've been in front of many judges throughout my time as a litigator thus far and most of these judges make up their minds long before they actually hear any arguments and simply spend most of their time fleshing how they are going to get to the conclusions they want to get to. If Chuppy boy went ahead and dismissed the whole case today, it would almost be automatic reversible error and judges (especially ones like Chuppy boy) hate it when their opinions get reversed by higher courts. Because in their eyes, that is the higher court telling THEM they fucked up.

But that's my two cents. Don't know and don't care what happens after this. Funimation suffered a massive PR hit and that's good enough for me.

 

[Reverend]

Why do you think Judge Judy is a crabby snark machine?

Judge Judy is making 20M+/yr she can be as rampaging a cunt as she wants to as her show is a staple on TV.

Ty, you didn't have to even infer it. You could've gone to any of the conventions that had canceled Vic, shown them the portion of the Slatosch messages and say "We know of interactions between Ron and Monica with conventions and we were just erring on the side of caution here. Have you been contacted by Mr. Toye or Ms. Rial around such and such date?"
You could've been doing this for months and just didn't.

I'm shocked he didn't even have an ESTIMATE of how much in damages. Something in dollar amount. Thousands? Tens of thousands?