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

[X Prime]

No matter how much it looks like back seat lawyering, that is the only thing we know for sure at this point and until the full transcript comes out.

There is ABSOLUTELY NO REASON for Ty to wait until just before midnight of his deadline to file such a all important document. No amount of hand waving about how lawyers do it all the time, lawsuit fillings are a fluid process, etc. can make Ty look good in this situation.

Vic should be very fucking angry right now with Ty and be actively considering his options going forward.

I agree, but I do not think the Slatosch thing would have mattered, as it was about Kamehacon. Chupp straight up did not care that TI was performed there because Vic got reinstated later.

 

[Spectre_06]

Here's the main issues.

First off, on the topic of public figure status (even limited purpose): having people in the courtroom doesn't impart that status. If it's, "Well, you had a bunch of people sitting behind you, so you're a LPPF", then that means that anyone could ask their friends to show up, sit behind the other party, and there you go. Or you pay people to show up. In any case, it makes little to no sense.

Second, Judge Chupp decided to ignore that all they have to do is establish a prima facie case for each charge, and instead told Ty, "This is now an evidentiary hearing." That's not how it works, as we all know. In theory, if he could pass this point then he was in good standing; the problem is that to pass that hurdle he'd have had to have discovery, which was stayed by the TCPA, and in fact MoRon played stupid little games to prevent their own discovery. Because of this, it was a burden that Ty would not have been able to meet on everything. What's more, Chupp saying, "I am going to ignore evidence you presented even though there's nothing in the law saying I can do that" speaks volumes about the level of competence. Up until this point I think we all agreed he was a no-nonsense judge and while I agree with that belief still, I also think that he took things too far.

On the second point I think Ty has the best chance of overturning the decisions on appeal. I think he'll also appeal the first part about LPPF status as well because he has nothing to lose at this point. If he can overturn everything, he'll be in a good position to ask that the TCPA do-over he gets be in front of another judge so that Judge Chupp can't take out any bias against him for appealing. In fact, I wouldn't be surprised if the appeals court itself hears the TCPA. That means everything's back on the table, including Marchi.

It's not a complete loss, though we're taking an L right now. That's fine.

What's more, I think the defamation will go forward, since Chupp didn't rule on that just yet. I spoke with a paralegal who is KickVic who was at the hearing, and even she said she couldn't understand Chupp's reasoning for tossing TI when it comes to MoRon, because, and I quote, 'There's no way that anyone can deny those were intended to frighten Chris into doing what they wanted."

 

[Plank]

TL;DR Marchi is out the hook, most charges were dismissed except for:
- MoRonica: Defamation, Civil conspiracy
- Funimation: Defamation

And the judge has 30 days from today to make a ruling on those.

 

[Hoss]

You implied it by saying she has cancer and falls asleep.

She doesn't fall asleep. That's just the puppetier's hand getting tired.

 

[SpiceWeasel21]

Vic should be very fucking angry right now with Ty and be actively considering his options going forward.

First thing I’m saying to Ty if I’m Vic is that if his firm wishes to continue representing me, neither him nor anyone else from BHBH is to go on Nick’s show until the next major milestone. Possibly beyond.

 

[DuckzillA]

I bet Ty was babbling because I'd be fucking dumbfounded when my judge goes off the rails and starts doing shit outside the scope of what you're there for.

I bet more than a few times ty sounds like an idiot because you can't prepare enough for what happened in the court room.

I'm giving him and his team, the benefit of the doubt in this section. I don't give him the benefit of his poor filings that were clearly outside of the date range given, that should've propelled his case in a more beneficial light.

 

[feral cat #6385]

It's not ME who nearly did a flip, it was some rando on discord.

We advise you to join him.

 

[Cowpies]

For anyone who wants to kill themselves over this I just have three words:
Please livestream it.

Three more words: Do a flip.

 

[ItalianMobStripper]

This fucking cow lol
I don't know what is worse from today:
- ISWV and their tearing tirade because bumps in the road
or
- KickVic and their victory laps because Marchi is out

Link: https://twitter.com/thehandsomezach/status/1170033939882414081
Archive: https://archive.li/RPrmj

 

[Markorian]

Three more words: Do a flip.

"Don't go alone"

 

[WrenchWring]

It seems very weird to me that TI got dismissed but not conspiracy, given that the alleged conspiracy was to commit TI, and the judge seems not to understand what a TCPA hearing is, given that he treated it like a trial by allowing the defense to contest the plaintiff's prima facie case and demanded a standard of evidence beyond what the TCPA statute requires. Regardless, anything other than complete dismissal under the TCPA is still a win for Vic. Moronica are still broke and Lemonie is still not going to be paid unless he gets awarded fees. We'll see if that happens.

 

[Expendable Zaku]

Regardless of how this unfolds, what the real takeaway from this litigation is that all of these idiots lost money and fan appeal because of their ridiculous actions. Monica, Ron, Marchi, even Funimation, which we basically learned has an HR department equivalent to a sack of broken glass. Their reputations are damaged, perhaps beyond repair. Who wants to watch anything voiced by these people anymore?

 

[Zǒngtǒng bǐ dēng wànsuì]

"Don't go alone"

That literally might be the three most effective words i've ever heard. That's omega level (҂◡_◡) ᕤ

 

[F.N.G.]

Ty got sloppy. My understanding is his main legal dealings are in the area of business law and things might be more wheeling and dealing in that realm with lax rules and gentlemen conduct because you don't want to burn too many bridges with business's.
This is a legal and public knife fight. Hopefully Ty has learned this lesson.
I'll withhold my comments on Judge Chupp until I can read the complete decision.

 

[ItalianMobStripper]

Regardless of how this unfolds, what the real takeaway from this litigation is that all of these idiots lost money and fan appeal because of their ridiculous actions. Monica, Ron, Marchi, even Funimation, which we basically learned has an HR department equivalent to a sack of broken glass. Their reputations are damaged, perhaps beyond repair. Who wants to watch anything voiced by these people anymore?

Brainless weebs, that sadly compose a huge portion on the community

 

[HungrySkeltal]

Why is everyone freaking out? Nobody got a slam dunk. The most likely party to walk away got to walk away and the war continues. Did a single person who wasn't buying into propaganda think either side was going to walk off with a total win? Spergs. Spergs as far as the eye can see.

Internet outrage machine produced only two possible outcomes for this case:

A) Vic loses, proving he is without a doubt a rapist and immediately goes to criminal trial for 100000 counts of sexual assault, all Japanese anime now only feature PoC LGBTQSIA2++ wymen, Rial/Marchie are all heroes of modern feminism for their brave reveal of getting hugged once 10 years ago, and Toye gets knighted and awarded 40 hectares of land and peasants in Texas

B) Vic wins, anime is saved from the libs forever, Funimation disappears over night, Rial/Marchie/Toye are all publicly executed, the GFM raises $3 billion, and Trump gets 4 terms

 

[Hallstein995]

"Don't go alone"

"Subscribe to Pewdiepie"

 

[Barry McKockner]

Regardless of how this unfolds, what the real takeaway from this litigation is that all of these idiots lost money and fan appeal because of their ridiculous actions. Monica, Ron, Marchi, even Funimation, which we basically learned has an HR department equivalent to a sack of broken glass. Their reputations are damaged, perhaps beyond repair. Who wants to watch anything voiced by these people anymore?

Depends on what kind of voice acting we're talking about here. I heard those leaks....

 

[feral cat #6385]

A few people have brought this up, and I think it makes sense.

1. Vic didn't kill himself. He's not dead. He's alive, though definitely a little broken.
2. He's in a position to move forward from his past. He has new opportunities.

As far as the results of the current TCPA case, I will admit that toward the last few days I was huffing my own farts. I thought there was a lot more there, and there wasn't.

The best I can take from this is: At least Vic didn't Alan Holowka himself.

...yet. He is going to have to pay for all the defendant's lawyers.

 

[AnOminous]

Second, Judge Chupp decided to ignore that all they have to do is establish a prima facie case for each charge, and instead told Ty, "This is now an evidentiary hearing."

If he actually said that in those words that could be appealable just by itself.