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

[Random Internet Person]

Finished going at a casino buffet. Frustrating to hear the developments but at least there’s someone more level headed. Apologies for the negativity. Going away for a bit to play Skullgirls on mobile.

 

[quickthrowaway]

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.

Hard disagree. Chubbs sounds like a typical judge who wants to do as little work as possible. People on here were meme'ing him as some great judge to destroy the defendants, but given that he wanted to solve no issues whatsoever before this, I had a feeling it would come to this.

 

[DrunkJoe]

So the discovery games worked for the defense with abusing the tcpa stay than?

How much of the shennagins can cleared on appeal? It just seems like the judge wants to wash his hands of all the bullshit.

 

[BBChannel]

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

I thought to defeat a TCPA was to show a prima facie case and not display your entire hand or "a lot more evidence" in this case.

 

[RogerSmith77]

Re: Getting affidavits from conventions, Ty attempted to argue that it was impossible for him to get statements/evidence from them because they weren't "friendly" and it was ultimately an excuse that failed to persuade the Judge.

Frankly, it doesn't persuade me very well either. It's not a question of asking, it's a question of subpoenaing

He literally cannot do that at this point. Discovery is stayed. I believe Ty screwed up on some areas, but that right there is the judges screw up. And if it's somehow not the judge's screwup, the TCPA is unconstitutional as hell.

 

[Ivan Shatov]

My opinion: overall, yes. Initially yes, particularly with Mrs. Marchi's Motion to Dismiss in isolation. Over time, he was able to get into a better stride. He was much stronger responding to the TI claim against Mr. Toye and the defamation claim against Funimation, as examples.

In particular, Mr. Beard appeared to do best when making oral arguments in the general (for example, responding without interruption to Ms. Rial and Mr. Toye's Motion to Dismiss). He struggled with clear and direct questions by the Honorable Judge Chupp. For the latter, I would state that Mr. Beard would:

• Respond on point for a while, then try to get in related or tangential points
• Try and argue a larger set of points together with a specific train of thought
• Repeat prior arguments

Mr. Beard had a nervous tic, a specific nervous laugh, that came off as a bit dismissive. This occurred on a rather frequent basis.



I won't post the Picard face-palm meme, but I definitely thought about it during the trial.

My impression was that Hon. J. Chupp started out very no-nonsense, and did his best to hide his exasperation. It was pretty clear during a recess for ... I suspect the 9:30 am parties showed up. Those three persons approached the bench for a quiet chat with the judge, and the audience chatted while they were up there for about ten minutes ... Listening to the chatter, the audience clearly sensed exasperation.

Let me know if I can clarify further.

No, that about does it for Ty. No one reading a transcript will understand that aspect, so thank you for sharing.

Did you have a sense of how many ISWV / KickVic people were there? 25 people is not a huge audience, wondering if people made their interests known.

 

[theworstkindofeurofag]

Since we're already on the topic of ISWV spergs: Here's the girl that always talks like a roleplayer.

Zeroresurrected as a bonus.

 

[Immaculate Ape]

This is also something I've been wondering about. Not dismissing everything at once might've been more of a tactical decision, not that he needs time to decide - he already made up his mind.
Which would really suck.

Reading over the detailing of the hearing so far, from a level-headed account, paints a much different picture.

Chupp was focused on the defamation, and the TI wasn't a factor because he didn't feel Ty did anything to show it, let alone do enough to show TI.

However, it does seem like the defamation is a point that Chupp is very intrigued on, and even hammered Lemoine about a few points. This could stick.

 

[LobotomizedFerret]

What's the most likely thing Ty will be able to appeal?

 

[Hallstein995]

Having read through the last few pages, I can only imagine how exceptional law Twitter is at this point.

 

[Friend computer]

Ok, a few things now when this thread has calmed down.

I get that most attorneys on the firm work on a case, but it doesnt work when you already have one big case, and take another, which split the focus.

Also don't be like a student that does your shit at the last minute, those two affidavits was just amateurish, from my point of view.

 

[AnOminous]

The actual issue here may be whether dismissal is with leave to amend and whether amending would have fixed this. Because if it was on the first amended complaint, the tardy second amended complaint may have addressed the TI issues. And Judge Chupp may have actually been right without the Slatosch Declaration.

Also don't be like a student that does your shit at the last minute, those two affidavits was just amateurish, from my point of view.

The affidavits were fine, not getting them in wasn't.

 

[fat ugly sped]

Would the other parties mean the opposing parties? Or could they be witnesses or associates to the party?

Discovery is very broad. If you can make an argument that someone has relevant information, you can subpoena them to produce documents and/or testimony. Non-parties to the suit generally have more protection from undue burdens and expenses from discovery, but the parties involved can still issue subpoenas and drag third parties into the dispute to provide evidence.

This whole process is generally immensely expensive and a gigantic pain in the ass for everyone involved. It's why there's a lot of pressure to settle suits before trial, and why a lot of employment or other contracts have a stipulation that disputes are to be resolved by binding arbitration instead (where you cannot issue subpoenas and have fewer rights to engage in discovery). Like, one of the things you can do to pressure someone into settling a lawsuit is find the most important business executive of their most important business partner and successfully subpoena them into personally testifying in your case. For example, suppose you had a small-claims where you're alleging that a contractor fraudulently misrepresented something about the lumber they use to construct your house. You could get a subpoena to force a senior executive of a 9-figure lumber supplier corporation to personally testify in your suit that has a 5-figure sum in dispute against a contractor worth maybe 7-figures. It's hilariously disproportionate how much power civil courts wield to compel things in minor cases.

 

[Immaculate Ape]

He literally cannot do that at this point. Discovery is stayed. I believe Ty screwed up on some areas, but that right there is the judges screw up. And if it's somehow not the judge's screwup, the TCPA is unconstitutional as hell.

The point was, Ty had all the time before to gather those affidavits but apparently didn't or chose not to because they weren't complying. So he focused on other parts of the case.

It was a missed opportunity because BHBH seemed to have misread the Judge and took a gamble on inference being enough evidence.

 

[Reverend]

Reading over the detailing of the hearing so far, from a level-headed account, paints a much different picture.

Chupp was focused on the defamation, and the TI wasn't a factor because he didn't feel Ty did anything to show it, let alone do enough to show TI.

However, it does seem like the defamation is a point that Chupp is very intrigued on, and even hammered Lemoine about a few points. This could stick.

Can the defamation part be used to move forward in the case irrespective of the TCPA motion? Would these defamation claims be enough to push past the TCPA?

 

[Harvey Danger]

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

Why does this keep getting said? Vic did provide an estimate in his affidavit. Did that get tossed, or was the judge looking for a single total number?

 

[Pope of Degeneracy]

Well, I'm about to get ready to get shitfaced with some friends later, so here are my final takeaways from today's hearing:

Jamie getting everything dismissed wasn't surprising at all. The nexus of the suit against her hinged on the "balls on a platter" statement, which although mean-spirited and real bitchy, doesn't prove any of the proposed suits against her. Good for you, Marchi, kudos to you.

TI getting dismissed was legitimately surprising, though reading from HerExcellency's accounts, I can see why TI wasn't strong. Ty and co were probably hinging on Kamehacon to prove TI in the first place. Nick's take on that later should be interesting.

Defamation and conspiracy still open is probably the major factor in this entire suit, because that's how damages were initially brought up. My take on this is that after sifting through the filings, MoRon are gonna eat shit because there's...well, A LOT of evidence proving defamation, especially from remote-swinging Soye Boye.

So, litigation war isn't over. Not by a long shot. If conspiracy gets thrown out, then BHBH will just have to drag this to appeals, and by then (I'm hoping) there will be more evidence to prove the wrongdoings of MoRon and Funi.

Hopefully, all of you people losing your shit earlier had enough time to process today's events. Let this be a learning experience not to hinge your emotions on something that doesn't affect your life in the slightest, and remember

Whoever wins...
we laugh.​

 

[Cakeisjustok]

The actual issue here may be whether dismissal is with leave to amend and whether amending would have fixed this. Because if it was on the first amended complaint, the tardy second amended complaint may have addressed the TI issues. And Judge Chupp may have actually been right without the Slatosch Declaration.



The affidavits were fine, not getting them in wasn't.

I'm not sure I understand why they waited so long to put those into their filings. It was stuff they should have had all along and waited til the last minute.

 

[Vampy]

The real question here is who is the one person who voted against nuking twitter.

 

[Mr. Cow]

Question, wasn't Texas under the 2nd restatement of TI or whatever it's call instead of the 3rd where the difference is that a contract must be breached? Chupp's arguments of needing damage seems to be under a third restatement framework.