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?

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  • Look at those faggot ass clothes! Faggot! Faggot, fag! Fuckin fag, my son's a fag!

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One treat before before I head to bed, for everyone upset by today’s hearings, just know:


Monica looked absolutely ready to blow a gasket every time Ty spoke. The look of indignant rage on her face was very satisfying.

Oh and I guess before I forget Sharon Grigsby was chumming it up with some other “journos” at least 1, maybe 2 and defense counsel before it started. Shaking hands all that. She also had an interesting description of the case to the photographer who explained he knew nothing.

She talked about how the case was “crazy” and how she tried to be objective but it was very hard when one side wouldn’t speak. Then made a comment about how really the defense should be suing plaintiff, then started whispering and walked off together.
 
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GenericReviewerDraco said:
When will people start memeing him? I expected butthurt ISWV memes to come from ass nowhere after what was leaked about him.
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I called him "Chump" some days ago... and I got mostly dumb ratings for it at the time.. I obviously don't care about ratings here, but I was fucking right. >.>
 
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Summary so far of everything that's happened so no one has to waste their time catching up to this point

-Kiwis consider suicide because an autistic deaf retard was tweeting live from the court room of things he may or may not have seen/heard
-The case isn't over but you should seriously go outside if you're at all emotionally affected by this
-Chupp is confirmed a boomer

Bam, 104 pages summarized.
 
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Well, this is what I get for being unavailable for an entire day. I come back to this shitshow. Where the everloving fuck do I start?
Fell free to Autistic this, it's my summery reaction/commentary to everything and as such shall be long. Also, I was skimming a lot of the posts, so if I have missed something, or it was already speculated/answered, fell free to Dumb me. As my life is entering a fairly happy new phase I shall probably be off the farms for a while after this, so I shall go off with a bang.

The Rulings;
The weakest case got the strongest lawyer someone said earlier; as shit as it is to watch that souless harpy of a woman skip off into the sunset, Marchi lucked into a good lawyer and got off after demanding a man be castrated. She was always the weakest case, yet it is still bitter to see such an awful human being be de facto exonerated, and you know that is how she will take this. Vindication of her horridness.
On the the rest, I basically agree with the consensus forming; that something is up with Chupp. The recent post about him being criticized is interesting, but not enough to come to any firm conclusions. Dismissing Marchi was kind of expected, but the rest was a complete non sequitor. Ignoring evidence, demanding higher standards for Ty, basically changeing the purpose of the hearing, and generally banding about nonsense, he had to have had something going on we are not privy to. TI was the easiest claim, but was tossed under pedantic nonsense. I truly think he is just finding good ways to dismiss everything else in writing. A lot earlier, someone stated something to the affect that it is good that the judge wasn't emotionally involved, that it was good he was applying the law and this was just another Friday case. Horseshit, you do not need to be emotionally involved to do your fucking job. Another friday case is someone's life, their career, not just an annoyance to clear from your docket because it is beneath you. Intellectual investment is all that is needed, and this was clearly not it. And as our Dear leader reminded us, judicial fuckery is not out of the question.

And stop the accusations of hypocrisy in us looking at the judge. The hypotheticals of KV going after the judge were based in them hating him for being a white, Republican, male. This is looking at his actual logic and decisions. If KV had walked into the hearing and played a video of Vic violently raping a 12 year old girl, and Chupp ignored it as it wasn't strictly relevant to the TCPA or not filed properly, they would have every reason to be pissed and questioning his competence.

The Tragedy of Ty Beard the Wise;
Allow me to run some defense for Ty. We do not actually know the reasoning for the problems in the filings. We can fairly safely say that he went in for a TCPA hearing, and that is what he prepared, so it isn't that surprising that he was caught flat footed when the evidentiary standard was suddenly raised or when the judge started demanding exact numbers for Vic's monetary loss. As to why the filings were flawed, well, we aren't privy to the case intimately. It may have been technical problems, or logistics. Ty is the head of a lawfirm, working far more than just this case, plus has a life and family; so if it was just a time/overencumbered problem, it is possible. Or it may have been incompetence, he may have just screwed up. But I doubt this last part, no where in his appearances has he seemed slow, dumb, or overly arrogant, he has always tried to act downright humble. It is possible, but not concurrent with everything that has come before. (And to those criticising him for coming on Nicks show, or asserting he may have let the e-fame get to him, please actually provide evidence both that this has happened, and that it was the cause of the problems today. Him spending like 1.5 hours, several days over the span of 7 months, late at night after the working day is over, with a friend on a live-stream is not such time wasted as to affect the lawsuit. Hell him talking it out with Nick or hearing the superchats supporting him may be a healthy boost after a long day.) If it was truly incompetence, then he may have just had his Battle of Dyrrhaccium, which Caesar lost yet would go on to win the civil war.
And please stop with the spergery speculation of Vic firing him for gross incompetence or malpractice, we have no idea if that was the problem, and if I am remembering correctly, our dear Svetlana even downvoted one of them, and we must all admit she knows a hell of a lot more about what is happening between Vic and Ty than we do.

Of Spergs, Tists, and Exceptionalism;
Y'all really need to learn the difference between emotional meltdowns and rhetorical hyperbole. I have seen too many earlier posts going on about the apparent cringe of either the spergery of ISWV on twitter, or the antics of the YTer branch. Nothing even approaches the levels seemingly reported. There are no wide spread endemics of weebs crying for Beard-sama to defeat the evil sjws and REEing at the days events. It was mostly just speculation, and people mildly catatrosphizing over the limited information available. The rare oddity of those such as the bridge suicide posts are isolated bits of nonsense that the internet sees daily. Not something to be itemizing. And please, do not try to claim KV and ISWV are equally exceptional, ISWV is less exceptional by default for simply being on the side of basic facts. Despite the cases of the autistics at the Cons, or the let's say questionable actions of the Yters, it is not comparable to Shane, or the Threadnaught, or Marzgurl, or Pridemore, or dodging process, or West Nile, or anything they have done. For all the bitching about "hot takes" (read:speculation) there have been some ludicrous assertions of the veracity of Lawtwitter or even PULL.

Next to a some meta stuff on the farms. The first 70 pages or so of this Thread were not just useless spergery or exceptionalism, it is too long to read when one can just get precis, but please, did you seriously think that the WeebWars threads would fall silent as only small trickles of information came out? No, people speculate, debate, criticize, and ponder. Half the posts were acknowledging that this information was assuredly biased or incomplete. Please for fucks sake get off your high horse of enlightened kiwidom because you were above speculation or didn't get emotionally invested. WeebWars ain't your normal lolcow, a single person or organization doing dumb shit to be catalogued. It is a conflict between vile people and an innocent man. Of course people will get emotionally invested when they are watching a man fight for his life. It's why Razorfist made an epic three part rebuttal to the Michael Jackson allegations despite the man being dead. If it was just too much, if its sucking you in for addiction, making you forget other parts of your life, then of course step back, don't post for a while, go back to lurking, do as you please, this is not your life or fight. It's why I relatively rarely post and my posts are often longer to cover a lot of stuff, I simply am enjoying my life to post every single day every hour most days. But to those circlejerking themselves for the enlightenment of not being invested in a man fighting for his life, for just laughing, stop acting better than those who have an emotional stake in the outcome of this. I get the farms is about laughing at lolcows, but y'all were perfectly fine to get very emotional when the Toye revelations came out, so why is it so enlightened to not be sad when a man has a drastic set back to rebuilding his life? Please laugh, please mock, and don't pull punches when you see a problem, but get off the high horse and stop sperging some contrarian holier than thou crap.
 
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X Prime said:
@Imperial Agent , I am curious what you think about the rulings. You have left that out so far.
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I think judge Chupp had a specific idea of what he wanted to see, and only wanted to see stuff that fit that expectation. If he didn’t see evidence in the form he pictured it, he dismissed.

He often seemed to be fishing for specific responses, and sometimes outright stated such.

He also seemed far more concerned with what made sense to him than was in the letter of the law. This went both ways as he was not amused by any of Lemoine’s attempts at obscure arguments. Outright seemed to ignore stuff he thought didn’t make sense.
 
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Hakuba Gaijin said:
I'm no big city lawyer, but that seems like a massive mistake on Beard's part. Surely if your goal is to show an interference in a contract, your first port of call should be to submit into evidence a copy of the contract that you are allegeding is being inteferrred with.
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Even if Ty had the contract there wouldn't be anything stating that his removal was due to interference, you need an affidavit proving that someone talked to them prior to his removal. There is the issue that they could just state "NO" even though they where conspiring with the defendants.
Additional discovery wouldn't work per se because of the time crunch. It would take Chupp time to approve of a subpoena (possibly a week), then you'd have 1-2 weeks to wait for them to submit them, then you have to sift through all that
Harvey Danger said:
To everyone saying Chupp turned a prima facie showing into an evidentiary hearing: Remember that Nick mentioned this risk on his recent streams. A big part of the hearing was going to be keeping the judge focused on the TCPA steps, the shifting burden, and walking him through it. It sounds like Ty failed to keep the judge on track.

I won't call him incompetent, because in BHBH's response filing, overshadowed by the affidavits and subsequent notary buggery, there was a decent walkthrough of the TCPA steps. From the transcripts I'm seeing, it sounds like Ty never got to do the walking; the judge was sufficiently distracted.

In which case, Lemoine's shit-flinging strategy worked. He clouded the air enough that even the slam-dunk TI case got tossed (which is the biggest WTF moment of the day). I've called Ty a boomer lawyer enough today, but I'm mildly serious when I say he wasn't Internet-autistic enough for this case. He needed to be obsessed with the details enough to push them through a flame war to keep an argument on track.

(Can't hate Sam "Lawyer Batman" Johnson for his win, though. He caught the same things we caught, filed efficiently, and earned his pay. Marchi should have been on the hook for defamation for the same reasons Monica was. She earned her place in the lawsuit, and it's annoying to see her slip away just because the weakest case got the strongest lawyer.)
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I feel you, but if the information we got so far is true then Ty indeed tried to keep him on prima facie case at the start but Chupp didn't actually care.
I kinda can't wait tell we get the transcripts and laugh at how exceptional Chupp was being tbh.
 
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Spectre_06 said:
Even if he had come in with the affidavits about contracts that were interfered with and weren't in writing, the defense would have argued that no written contract means no way to prove TI. They'd have a valid point, too. I think Chupp would have agreed, given his entire line of thinking today.

This was, in essence, a Catch 22 scenario: Ty came in thinking (correctly) that he'd have to establish a prima facie case for each charge on each defendant. Judge Chupp decided that it would have a higher standard required to pass it, and the only way to pass it would have been to have discovery happen; however, discovery is stayed during TCPA. Even if he'd moved to subpoena such information, the defense would have filed motions to quash as it would be "outside" the TCPA's limits, much like how they were going to subpoena Nick and Ty said TCPA prevented it. There was no way for Ty to come in because he was blindsided, something even many KV'ers I've talked to agree seems to be the case.
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This is half-right. Without specific written contracts and termination clauses you can't have TI-EC.

However, you are missing the other part of the standard for dismissal. The court will not dismiss if the plaintiff can provide prima facie case of clear and specific evidence. Ty, shitbag that he is, didn't read the last part. Only the first part. And "I have damages" is never going to be clear and specific evidence.
 
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wickedlilium said:
Even if Ty had the contract there wouldn't be anything stating that his removal was due to interference, you need an affidavit proving that someone talked to them prior to his removal. There is the issue that they could just state "NO" even though they where conspiring with the defendants.
Additional discovery wouldn't work per se because of the time crunch. It would take Chupp time to approve of a subpoena (possibly a week), then you'd have 1-2 weeks to wait for them to submit them, then you have to sift through all that

I feel you, but if the information we got so far is true then Ty indeed tried to keep him on prima facie case at the start but Chupp didn't actually care.
I kinda can't wait tell we get the transcripts and laugh at how exceptional Chupp was being tbh.
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Instead of a PPT the plaintiffs brought a giant poster with the Prima Facie definition on it (didn’t use it, probably for the best given Chupp’s disposition) and a smaller version (same thing) they had projected onto the screen while they presented.

Ty defiantly brought, and tried to argue for Prima Facie as much as possible.
 
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Imperial Agent said:
I think judge Chupp had a specific idea of what he wanted to see, and only wanted to see stuff that fit that expectation. If he didn’t see evidence in the form he pictured it, he dismissed.

He often seemed to be fishing for specific responses, and sometimes outright stated such.

He also seemed far more concerned with what made sense to him than was in the letter of the law. This went both ways as he was not amused by any of Lemoine’s attempts at obscure arguments. Outright seemed to ignore stuff he thought didn’t make sense.
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Glad you got home safe, also thankyou for your service :3
 
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