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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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
It is anywhere. It just might not be enforceable under some circumstances if it isn't.
If it's not provable through a third party honestly. They have to prove the agreement existed in the first place.
 
Nick briefly brought up a motion for reconsideration. How do you think that might work out?

It's probably worth trying before appealing especially if whatever comes in writing is as sloppy and ill thought out as the dismissal from the bench. I wouldn't hope for much there. Judges aren't big on being told "you're wrong, change your mind."
 
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Even though it might not be the best thing for ty to do right now but I'd love to see some reassurance he's going to slap the shit out of chupp for going far beyond the scope of what was to happen. I mean, I'd love to see a motion Monday morning tell chupp, "wtf dude".
 
  • Autistic
Reactions: feral cat #6385
Half of the posts in this thread read like they're so thoroughly invested in a positive outcome for Vic, case in-point being that random bridge-hopper a few pages back. A lot of objectivity seems to be lost in the flurry of rooting for the preferred team.

It's certainly an interesting case to follow, but is getting MeToo'd by unfuckable voice-actresses really such a pressing concern that it's time to tie the noose if Vic loses?
 
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?
Apparently one is allowed to do so weeks after the filing, but a 15 minute late filing with proven technical errors, is to be dismissed.

That said, he aparently still used the previous onewith the affidavits and never raised the notarial issues, just.. ignored what's in them?
 
  • Agree
Reactions: Roland Daggett
Half of the posts in this thread read like they're so thoroughly invested in a positive outcome for Vic, case in-point being that random bridge-hopper a few pages back. A lot of objectivity seems to be lost in the flurry of rooting for the preferred team.

It's certainly an interesting case to follow, but is getting MeToo'd by unfuckable voice-actresses really such a pressing concern that it's time to tie the noose if Vic loses?
There’s nothing wrong with being invested but you have to keep a level head
 
Half of the posts in this thread read like they're so thoroughly invested in a positive outcome for Vic, case in-point being that random bridge-hopper a few pages back. A lot of objectivity seems to be lost in the flurry of rooting for the preferred team.

It's certainly an interesting case to follow, but is getting MeToo'd by unfuckable voice-actresses really such a pressing concern that it's time to tie the noose if Vic loses?
There's way more lulz in a company burning down than in a dude failing to sue someone.
 
In regards to Ty, I will say that he may have unfortunately underestimated the necessary assets of a prima facie. To be prepared for war is one of the most effective means of preserving peace. I think Ty coming in with "enough" may have been the problem. Knowing that it would be impossible to tell how Chupp would rule the case, should have been an indication to be armed properly. Even Nick was aware of how unpredictable Chupp's assessments of the parties would be.

Apparently, when Chupp asked Ty which contracts were interfered with, and the metrics, Ty didn't have an answer for him. Chupp asked for at least two contracts, and Ty didn't have them. That's bad. I understand it's just a prima facie, but if Chupp's standards for evidence were that low, then that's egg on Ty's face. It's problematic to have a team of lawyers there who can make copies of hundreds of tweets from a guy, but cannot provide the judge with details of the alleged tortiously interfered contracts. Yet a guy stationed in a neighborhood mall could argue his client out of the case, and not have her discovered or deposed--not even a scratch. Was she even in the courtroom? That's bad.

In appeals, the party involved calls for them if they believe any errors of law have occurred, so just because the outcome isn't favorable doesn't mean Ty & co. can just appeal it. There's a possibility to bring Marchi back in, if Ty could better argue her involvement with defamation with context and maybe even appeal for the TI being thrown out for Rial and Toye and Funi.

It's somewhat baffling to me, with the kind of work I've witnessed people do here, that not much of it was put to good use. It's still fresh, so I cannot tell if Chupp was just no-nonsense and didn't give Ty the time of day, or if Ty truly failed to argue his side in a concise, understandable, and detailed manner but somehow manages to lug around a log of papers detailing their position.

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I will say, however, beyond all of the laughing and ridicule towards Ty from both sides, his inability to prove TI, Defamation, and Social Conspiracy doesn't mean it didn't occur--simply because the judge didn't find it credible. The texts. The lynch mobs. The contradictions. All of it happened. And remember: he only denied it because there wasn't enough evidence to support that it happened, not that there was a sufficient amount of information present to which he could then weigh and dismiss.
 
In regards to Ty, I will say that he may have unfortunately underestimated the necessary assets of a prima facie. To be prepared for war is one of the most effective means of preserving peace. I think Ty coming in with "enough" may have been the problem. Knowing that it would be impossible to tell how Chupp would rule the case, should have been an indication to be armed properly. Even Nick was aware of how unpredictable Chupp's assessments of the parties would be.

Apparently, when Chupp asked Ty which contracts were interfered with, and the metrics, Ty didn't have an answer for him. Chupp asked for at least two contracts, and Ty didn't have them. That's bad. I understand it's just a prima facie, but if Chupp's standards for evidence were that low, then that's egg on Ty's face. It's problematic to have a team of lawyers there who can make copies of hundreds of tweets from a guy, but cannot provide the judge with details of the alleged tortiously interfered contracts. Yet a guy stationed in a neighborhood mall could argue his client out of the case, and not have her discovered or deposed--not even a scratch. Was she even in the courtroom? That's bad.

In appeals, the party involved calls for them if they believe any errors of law have occurred, so just because the outcome isn't favorable doesn't mean Ty & co. can just appeal it. There's a possibility to bring Marchi back in, if Ty could better argue her involvement with defamation with context and maybe even appeal for the TI being thrown out for Rial and Toye and Funi.

It's somewhat baffling to me, with the kind of work I've witnessed people do here, that not much of it was put to good use. It's still fresh, so I cannot tell if Chupp was just no-nonsense and didn't give Ty the time of day, or if Ty truly failed to argue his side in a concise, understandable, and detailed manner but somehow manages to lug around a log of papers detailing their position.

----------

I will say, however, beyond all of the laughing and ridicule towards Ty from both sides, his inability to prove TI, Defamation, and Social Conspiracy doesn't mean it didn't occur--simply because the judge didn't find it credible. The texts. The lynch mobs. The contradictions. All of it happened. And remember: he only denied it because there wasn't enough evidence to support that it happened, not that there was a sufficient amount of information present to which he could then weigh and dismiss.

That was Ty's problem that honestly he DIDN'T fuck up in. He played by the book and that showed in the results. Chupp however did not.
 
Okay, this is my final thoughts on everything after seeing this through from the start of the thread. I'm calling it a night on the hearing and moving forward.

Ty needs to:
-Turn on the pressure with everything he does in this case. He needs to not back down. If he can't hold himself to that standard he needs to go.

-Have someone proofread statements and clean them up. Understaffing isn't an issue. He can bring someone in on an internship basis and make them sign a NDA when it comes to reviewing filings. There are plenty of people local to them who are competent enough to do so and who would be willing to make the effort. Internships ain't shit in most cases but for something like this there is a market to find someone who would waive pay for an internship due to the uniqueness of the situation, the experience it brings and the end result it gives. It might not seem big for the average lurker but a law student or fledgling lawyer could benefit from being able to be on the sidelines while assisting.

And maybe, most importantly.
-Take feedback and implement it. Focus on time management. Waiting to submit things and blindsiding the opposition is not a viable strategy. They will always play dirty and the way to tango with someone who does that without getting dirty is to solidify your foundation and not play reindeer games. Nick is great at what he does but social media court is different from actual court. Unplugging and coming back strong is the best choice.

Even if Chupp was proven to be playing dirty too this is all stuff that needs to be considered regardless if they want their appeal to be successful. And they can't rely on superchats and trends to win a case for them.

Twitter court can be handled after the hard work is done.

Anyway, that's my sperg. I'm done.
 
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.

I can't figure out where you draw the line.

What does it mean to throw it away?
Why is it that in one situation the judge is obliged to consider the statements as evidence, while in the other the judge is not obliged to do so?

Does it depend on what the judge says and writes about it? Or on fact did Ty try to show the evidence right in the courtroom to the judge again? Or on what?
 
That's my biggest disappointment with this whole thing. everyone at Funi is fine and we don't get to see MoRon have a melt down after all this hype. It's like someone shit on my birthday cake.
Funimation will burn regardless of outcome. Losing the lawsuit would only slow the process
 
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