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

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AnOminous said:
If he was acting on the first amended complaint and the TCPA opposition that had all the affidavits withdrawn, all that stuff, Vic's own claims, Chris Slatosch's, Chuck Huber's, weren't even in evidence so the judge didn't have a prima facie case, and the judge didn't make a mistake, unless refusing to accept Ty's last minute desperation filing was a mistake.

If nothing was in evidence, that's not the judge's fault.



It does if the reason there isn't a prima facie case is none of the evidence was admitted, and the reason for it not being admitted was Ty's fuckup.

If the judge admitted it and then ruled against it anyway, the judge fucked up.
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Wasn't that the filing which was 15 minutes late? And the judge didn't count that? Then looks like Ty fucked up by trying to attack the defense for being several days late.
 
AnOminous said:
It's hard to tell in the "fog of war." I'd want to see a transcript or a more coherent explanation of what happened. If the judge actually did consider the Slatosch and Mignogna affidavits and still threw out the TI claims, he's off his rocker. If he thinks Vic has to demonstrate damages at this stage, he's also off his rocker, but we haven't seen that he does.
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That's the insane part. He DID ask for damages in the form of a fixed number.
 
twistedpuppet said:
Think about the fucking source. The idiots that still watch Hero Hei, TUG, and Yellowflash, are fucking delusional. The only one that is actually doing real journalism in this shit, is Rackets. The rest are just regurgitating what they read here, or what Rackets reports. Yellowflash so poorly hides the fact that the farms are his source, that he actually attempts to skew the info so that it says something completely different than what was actually found. That fucker needs to be endlessly mocked for his exceptionalism.
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Well Rekieta is a lawyer and buddies with Ty. So barring TUG or the rest passing the bar and hanging out full time in Texas courthouses, Nick should be miles ahead of them. The rest have no choice but to eat his dust after this became about court files and legal action. I consider them useful for doing summaries when I don't have time to watch a 4 hr. Rekieta Stream. I've moved around between them for this. Hero is the best at the moment. Ejven The WeebWars thread can be too long to slog through as well depending on the activity that day. I prefer to watch a summary and skim through KF with some idea what I'm looking for.
 
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AnOminous said:
It's hard to tell in the "fog of war." I'd want to see a transcript or a more coherent explanation of what happened. If the judge actually did consider the Slatosch and Mignogna affidavits and still threw out the TI claims, he's off his rocker. If he thinks Vic has to demonstrate damages at this stage, he's also off his rocker, but we haven't seen that he does.
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Chupp threw out the claims of TI because Ty didn't have enough affidavits to support the claim, and because Ty couldn't specify the $ amount that Vic was damaged by being cancelled and re-invited under different terms to KamehaCon.

He wanted MORE affidavits from OTHER conventions, which Ty attempted to explain that they weren't complying but Chupp had already made up his mind that Ty was lying.
 
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Bogey Fairy said:
Wasn't that the filing which was 15 minutes late? And the judge didn't count that? Then looks like Ty fucked up by trying to attack the defense for being several days late.
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No, the 15 minutes late one was the original, the one with the withdrawn affidavits. He also submitted a second amended petition later attaching the unsworn declarations instead.

Immaculate Ape said:
Chupp threw out the claims of TI because Ty didn't have enough affidavits to support the claim, and because Ty couldn't specify the $ amount that Vic was damaged by being cancelled and re-invited under different terms to KamehaCon.
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If so, I'm glad, because that's just clearly wrong and he needs to have the burden of evidence explained to him by a panel of appellate court judges.
 
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Immaculate Ape said:
"If I said there's a room full of rapists, and then right after said I kicked Vic out of the room, that would imply Vic is a racist" - Chupp, 2019


Two people (HerExcellency and Nick) confirmed that the TI was thrown out because Ty couldn't specifically prove damages for being cancelled from KamehaCon
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Agreed, but he's been cancelled from other cons. I know I assumed Vic had contracts from other cons that were presented to Ty & co. If it was just KamehaCon then that's seriously fucked because they're the one that hired him back.
Immaculate Ape said:
"If I said there's a room full of rapists, and then right after said I kicked Vic out of the room, that would imply Vic is a racist" - Chupp, 2019


Two people (HerExcellency and Nick) confirmed that the TI was thrown out because Ty couldn't specifically prove damages for being cancelled from KamehaCon
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That's the thing. Kamehacon was one of the cons that reinstated Vic. I've been assuming that Vic had contracts with other cons that cancelled and apparently that's not the case at all. In seven months the only con that could prove TI was Kamahacon, which re-instated him?

It looks like Ty & Co just haven't been gathering the necessary evidence. Sadly, haste makes waste. No interview of Denbow, or an HR representative, and no contracts with any other cons presented.

But again, despite these fuck-ups, I think the judge messed up since, in Texas, a verbal contract is a contract. Showing Toye & co reaching out to the cons in Texas who canceled should have shown that there was TI. Vics depo talking about how much he losses when he doesn't go to a con should have been used to show how much he lost on average and thus shown that he faced losses due to TI.
 
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AnOminous said:
No, the 15 minutes late one was the original, the one with the withdrawn affidavits. He also submitted a second amended petition later attaching the unsworn declarations instead.
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Apparently the 30 minutes late wasn't a factor on the response, but the Judge did think Ty was "trying to sneak in evidence" by amending the 2nd petition late and refused to allow it in the hearing.
 
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lolz said:
Agreed, but he's been cancelled from other cons. I know I assumed Vic had contracts from other cons that were presented to Ty & co. If it was just KamehaCon then that's seriously fucked because they're the one that hired him back.

That's the thing. Kamehacon was one of the cons that reinstated Vic. I've been assuming that Vic had contracts with other cons that cancelled and apparently that's not the case at all. In seven months the only con that could prove TI was Kamahacon, which re-instated him?

It looks like Ty & Co just haven't been gathering the necessary evidence. Sadly, haste makes waste. No interview of Denbow, or an HR representative, and no contracts with any other cons presented.

But again, despite these fuck-ups, I think the judge messed up since, in Texas, a verbal contract is a contract. Showing Toye & co reaching out to the cons in Texas who canceled should have shown that there was TI. Vics depo talking about how much he losses when he doesn't go to a con should have been used to show how much he lost on average and thus shown that he faced losses due to TI.
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They can't do Discovery so that is moot.
 
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AnOminous said:
It does if the reason there isn't a prima facie case is none of the evidence was admitted, and the reason for it not being admitted was Ty's fuckup.

If the judge admitted it and then ruled against it anyway, the judge fucked up.
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Nick briefly brought up a motion for reconsideration. How do you think that might work out?

Assuming Ty screwed up, would such a motion be a viable option to mend this?
If the judge screwed up, I suppose the chances of such a motion changing his mind would be rather slim, so appeal it is?
 
AnOminous said:
No, the 15 minutes late one was the original, the one with the withdrawn affidavits. He also submitted a second amended petition later attaching the unsworn declarations instead.



If so, I'm glad, because that's just clearly wrong and he needs to have the burden of evidence explained to him by a panel of appellate court judges.
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No, the 15 minutes late one was the amended for sure.
 
SpiralStars said:
Well Rekieta is a lawyer and buddies with Ty. So barring TUG or the rest passing the bar and hanging out full time in Texas courthouses, Nick should be miles ahead of them. The rest have no choice but to eat his dust after this became about court files and legal action. I consider them useful for doing summaries when I don't have time to watch a 4 hr. Rekieta Stream. I've moved around between them for this. Hero is the best at the moment. Ejven The WeebWars thread can be too long to slog through as well depending on the activity that day. I prefer to watch a summary and skim through KF with some idea what I'm looking for.
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The problem I have with it is that they act like they are some scoop journalists, and all they are doing is commenting on what has already been learned. If they would just drop pretenses, and go with that, I wouldn't have an issue.
 
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Immaculate Ape said:
Apparently the 30 minutes late wasn't a factor on the response, but the Judge did think Ty was "trying to sneak in evidence" by amending the 2nd petition late and refused to allow it in the hearing.
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What I don't understand about this is, didn't the defense keep adding stuff to the TCPA past the deadline?

Is one allowed but not the other for some reason?
 
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DestructionOfSoul said:
I mean, if this guy wasn't constantly messaging me all last week worried as hell about vic losing, I might. He's serious.
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Just ask him to think about why he feels so personally invested in a case that involves a rando anime VA that he probably didn't even know about before this year.

If that doesn't stop him then ask for him to at least livestream the jump.
 
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