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

Nuke twitter?

  • Yes

    Votes: 109 19.2%
  • No

    Votes: 3 0.5%
  • Look at those faggot ass clothes! Faggot! Faggot, fag! Fuckin fag, my son's a fag!

    Votes: 323 57.0%
  • Apply the sacred ointment!

    Votes: 132 23.3%

  • Total voters
    567
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?

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He was looking for numbers for the prospective conventions. Also, did not get to include this as he did not consider the 2nd amended petition.

From what is being said, Ty did not argue damages very convincingly.
 
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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.

I suspect they wanted to blindside the defense. By filing late, the defense has less time to look at and form an argument against it.

The problem is, Ty filed it "too" late because ???
 
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.
Huber at least likely wanted to wait until he was done voicing for DBS. MY question is how the hell does Chupp let those god awful late TCPA supplements go through and not an amended petition, that by at the very least the letter of the law, should be fine?
 
It also sounds like Funimation nearly got off with their tweets however Chupp swerved on it.

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At least this came from a source that understands law terms. It's safe to say that TI got dismissed.

A lot of people have been treating the judge's ruling today as if it were a summary judgment instead of a dismissal, but this isn't exactly as bad as people would have you believe, but it is nonetheless bad. Attorney's fees from the TCPA are gonna take their toll on Vic's war chest depending on what Chupp grants. It'd be interesting to hear on what grounds dismissal was granted for TI (as I was writing this, it came out that the judge was unconvinced Vic suffered damages and saw no evidence that Toye interfered with other conventions). It doesn't appear that the claim was dismissed with prejudice and the TCPA (as I read it) doesn't require a dismissal with prejudice, so there may be room for Ty to amend the original complaint to address the issues that Chupp has, but that's a risky move for a couple of reasons, and it may not make economic sense to try and fight over that claim, especially when the judge is unconvinced that Vic suffered damages.

The silver lining in all this is at the very least, is that the essential claims of the case (i.e. Defamation for Toye, Rial, and Funimation) have survived at least this hearing, although it's not out of the woods in regards to the TCPA.

Props to Sam Johnson for being a professional throughout this, aside from his goofy alliterative in his filing. I think Sam also had the best case to begin with, so it's unsurprising to me that he won today.
 
Niggas, you were all very optimistic if you expected this case to win. The lesson here is not get too emotionally involved in Internet Drama. Remember pals: IRL doesn't work like the Internet. Is this the end of the Weeb Wars? 9 months of drama coming to an end? Maybe or maybe not because the Internet is a box full of surprises. Anyhow, if this is the end this was a wild ride fellas. It was a nice experience who would thought that Anime English Dub was such a shitshow? From jelly beans to sacred oinment, this case had it all. And we meet some interesting lolcows along the way. Low T Greg, Lemoine, Monica, Jamie, ArmzGurl. I want to thank my fellow Kiwis for such a wild ride. And I hope that Internet slap wars never end.
 
There's a whole ton of questionable shit from all sides.

Jamie and Sam earned their win, but now they can shut up and leave unless they want to go for round two.

Ty massively fucked up. If he isn't capable of holding up he should get off the horse. He needed to be more assertive. That much is true even if people are reading into it and sperging about it.

Lemonhead's aggression helped here even if he had numerous exceptional moments. But it might bite him in the ass if this moves forward.

Chupp is reasonable in some aspects but hmm in others.

Something Ronnie and Monnie should take note of here:

Not only did Marchi pick a lawyer willing to show up and do his job without grandstanding, almost more importantly was that it appears she let the actual legal professional drive the legal bus on her part of the case rather than doing whatever the fuck she felt like and letting the lawyer deal with the fallout
 
He was looking for numbers for the prospective conventions. Also, did not get to include this as he did not consider the 2nd amended petition.

From what is being said, Ty did not argue damages very convincingly.

Right, but even so Ty could have looked at the numbers and given an estimate for a year's worth of convention appearances. If defense challenged the validity of the amount, that's a different thing, but he had the material to come up with a convincing number.

I understand getting blindsided by losing the 2nd amended petition, or not being able to rely on the per se damage assumption. But a 1 minute break and some math on a legal pad should have let him recover.
 
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.

It's especially bad because Vic's council was complaining about the timeliness of opposing council's filings. Better to clearly take either the high road or the low road - either file clear and concise pleadings/motions/affidavits in a very timely manner and get the judge on your side over opposing council's bullshittery, or do last-minute stuff and ambush opposing council. Doing both just makes the judge mad at both parties, which is not where you want to be. If everyone's sperging out at everyone, anything can happen.
 
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I suspect they wanted to blindside the defense. By filing late, the defense has less time to look at and form an argument against it.

The problem is, Ty filed it "too" late because ???

Ty treats his cases like a wargame, if I remember correctly. I guess he didn't realize that he was the only one playing, lost perspective.
 
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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 judge to rule in my favor so that the chick couldn't come after me again.

Final 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 got 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.
Despite your erection-killing avatar, I'm liking some of the thoughts you have to share.

Spoke with my lawyer who has been following the case. He had a problem with the way Tweets were submitted into evidence. He was fine with the fact they were not in a thread and thought there would be more problems if they were.

His issue was with the volume. 400 pages of Tweets presented out-of-context is annoying to read. He thought they should have selected 10 - 20, indicated what they are in response to, and created a separate addendum listing out the rest.

I can see how someone who is supposed to be retired would have liked that more.
 
Huber at least likely wanted to wait until he was done voicing for DBS. MY question is how the hell does Chupp let those god awful late TCPA supplements go through and not an amended petition, that by at the very least the letter of the law, should be fine?

I don't think there's a gayops happening but it seems a little suspect.
But this isn't the final hearing. This isn't the end. So whatever in the end lol
 
He was looking for numbers for the prospective conventions. Also, did not get to include this as he did not consider the 2nd amended petition.

From what is being said, Ty did not argue damages very convincingly.
Hmm....I'm going to be curious about the transcript for this. I hope it wasn't "I don't know" but instead a calculation of all the cons that cancelled this year and times that by 5 (visited every 2 years with career longevity of ~10 years)
 
I suspect they wanted to blindside the defense. By filing late, the defense has less time to look at and form an argument against it.

The problem is, Ty filed it "too" late because ???
I can't think of any good reason. They are a full fledged law firm that lives and breathes billable hours. That shit is gonna be drafted up ASAP without the need for an "amended version." The firm mentality is to bill bill bill.
 
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.

Most individuals played their cards close to their vest. I only spoke to my direct neighbors and briefly; none of us revealed our positions (or lack thereof). If you are willing to go with counts of individuals on each side of the aisle, there were slightly more individuals on the Plaintiff's side. That side was also closer to the door, though.

I will presume the individual wearing the black t-shirt with white text, "How embarrassing", was at least a follower of Mr. Rekieta.

I am terrible with estimations, but the galley was probably 75% full. Numerically 25 is not a huge audience, but clearly the Hon. J. Chupp was not used to the volume. To paraphrase slightly, "There usually aren't this many people here. ... It gets lonely." (said jokingly).
 
Right, but even so Ty could have looked at the numbers and given an estimate for a year's worth of convention appearances. If defense challenged the validity of the amount, that's a different thing, but he had the material to come up with a convincing number.

I understand getting blindsided by losing the 2nd amended petition, or not being able to rely on the per se damage assumption. But a 1 minute break and some math on a legal pad should have let him recover.

Being hit with a denial on his 2nd amended petition likely put Ty on his back-foot. Hindsight would be great here, but at least he didn't completely lose because he got caught with a suckerpunch
 
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