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

  • 🐕 I am attempting to get the site runnning as fast as possible. If you are experiencing slow page load times, please report it.

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
And another case that got appealed to the Texas Supreme Court. Another writ of mandamus.


It's about insurance appraisals and is dull as dishwater, but ended in a mandamus writ. Not sure it was some kind of epic screw up because I can't find anything about the original case and the SC opinion is pretty terse as to what went on below.
Why am I getting the impression now that Chupp rushes to clear his docket even if his rulings are questionable and prefers that the court of appeals deal with his workload? I think someone earlier in the thread said he runs unopposed for his position as judge, he must just be going through the motions at this point.
 
Vic will lose and will be in debt over the whole thing. All the paypigs money that donated to the gofundme will go to the people they hate.
There has been some debate on that because technically its not Vics money. It's just to pay BHBH and the rest goes to charity so they will have to fight to get the charity portion.
 
  • Optimistic
Reactions: Done
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.
I don't know where people get the idea someone is suppose to work every waking hour at their job. Is Ty a slacker for having kids? How many hours of sleep is he allowed 4 or 6?

1567855793720.png
 
just because a prima facie case has a much lower standard than a preponderance of the evidence doesn't mean that you should show up to court with that bare minimum and shrug, saying, "well, this is all we've got until the case moves forward". you should probably aim to overshoot that standard to the best of your abilities with what you've got.

the bottom line is that this process is gonna be very long. hopefully this case was a good wakeup call for people to dial back the intensity and let the spergs sperg themselves till their eyes pop out of their heads.
part of the issue is without discovery which was locked down by the TCPA, there was a lack of detailed evidence on Vic's side.

Also the KV side has not been timely either and they weren't punished for it. This will add to the appeal at the minmum or if Ty can make a big enough stink, the judge may have to reconsider his rulings based off of equal standards of meeting deadlines.
 
  • Optimistic
Reactions: BoingBoingBoi
Standing up to this shit is worth it.

Worth potential bankruptcy and still having the legacy of being a creep to the vast majority of people that follow anime? Twitter wars aren't reality, his name is forever tarnished. Without the ability to voice popular characters he will become irrelevant to anyone anyway.
 
Asterios got fucked because NY Anti-SLAPP laws are significantly weaker than TX's, so because his case went to trial, he had to take on personal debt to pay all lawyer fees+costs out of his pocket even though he won (plus he lost his job as a result, which doubly hurts).

Pending appeal, Marchi will have all her legal costs paid by Vic, plus court-imposed sanctions that will probably be determined at a separate hearing. The same goes for any dismissed-at-pretrial charge (so Toye TI, Monica TI, Funi TI..etc are all counted as separate charges each with their own sanction). If the GoFundMe runs out, he will still owe money to Ty as part of whatever legal representation agreement.

Even if Vic wins on his remaining charges, he could still end up losing money on the whole thing, especially if he appeals and fails (because appeals will add even more billable hours etc).

TL;DR: Vic could be in for a world of hurt, even if he wins on whatever remains of his cases.

EDIT:

Which is why Vic will likely never be hired by a major anime company again. From their perspective, he's the one who has a history of suing his employers.

Oof. It's even worse than I thought. Didn't realize he would be on the hook at least partially for Ronica/Funimation's legal fees for the dismissed charges even if Chupp rules on his favor on the other charges. Well he is fucked.

I doubt he would have been hired anyway with being a sex pest hanging over his head.
 
  • Feels
Reactions: Done
I don't know where people get the idea someone is suppose to work every waking hour at their job. Is Ty a slacker for having kids? How many hours of sleep is he allowed 4 or 6?

View attachment 926875

This weird meme that Ty should stay off of Nick's streams is dumb anyway. Ty isn't the only one at the firm who worked on the motions. Him showing up after hours for an hour or two at a time to fool around with Nick didn't somehow make his filings worse. His strategy of waiting to the last minute is certainly questionable, but it's extremely unlikely it mattered, as Chupp seemed pretty dead-set on getting the case off his docket and demanding a standard of evidence Ty had no reason to be prepared for. His presence on the stream, and maybe even the case itself, had no impact on the decision.
 
Worth potential bankruptcy and still having the legacy of being a creep to the vast majority of people that follow anime? Twitter wars aren't reality, his name is forever tarnished. Without the ability to voice popular characters he will become irrelevant to anyone anyway.
Twitter isn't reality but companies bending the knee to Twitter Mobs is reality. It's why what was done even off twitter had any effect. The core problem is companies bending the knee to these mobs. Until they stop, twitter is relevant.
 
Oof. It's even worse than I thought. Didn't realize he would be on the hook at least partially for Ronica/Funimation's legal fees for the dismissed charges even if Chupp rules on his favor on the other charges. Well he is fucked.

I doubt he would have been hired anyway with being a sex pest hanging over his head.
Actually its worse, I don't think they can touch the GFM at all its not Vics money. It goes straight from GFM to BHBH IOLTA to pay for Vic's fees. If someone was paying Vics legal fees to BHBH would they be on the hook for any TCPA fees also or would just Vic? I mean they could try and go after it but that would just drain it even more.
 
There has been some debate on that because technically its not Vics money. It's just to pay BHBH and the rest goes to charity so they will have to fight to get the charity portion.
I think Nick said on one of his streams that the GFM money is still Vic's money. If I give you a dollar as a present, and then someone steals that dollar, they didn't steal that from me, they stole it from you.
 
Monica looked absolutely ready to blow a gasket every time Ty spoke. The look of indignant rage on her face was very satisfying.

...reminds me of how Wrath was trembling at Maes Hughes's funeral and everyone including the audience thought he was holding in sadness, only for it to later be discovered that he was actually holding back his urge to shank everyone there because Maes Hughes' daughter wouldn't settle down.

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.

...did you enter my dreams and decide to ape my inchoate thoughts on the matter?
 
I don't know where people get the idea someone is suppose to work every waking hour at their job. Is Ty a slacker for having kids? How many hours of sleep is he allowed 4 or 6?

Maybe if Ty had spent those nights sleeping instead of being on Nick’s show until 2-3 am (they’re in the same time zone), he might have been more refreshed/had a clearer head later in the morning.

There’s no way to predict how the judge would have reacted so don’t give me any “did you expect Ty to have ESP?” horseshit. However, it’s patently obvious that there were some missed opportunities here that could have been taken advantage of. After this setback, I would expect him to go whole hog.
 
I don't know where people get the idea someone is suppose to work every waking hour at their job. Is Ty a slacker for having kids? How many hours of sleep is he allowed 4 or 6?

View attachment 926875
As Vic, I wouldn't be asking him to spend every hour working at the job . However, I would be pretty irritated if I found out my lawyer was missing deadlines and needing to file amended filings to compensate for missing said deadlines when he is simultaneously shooting the shit and meming with people on twitter. 😕

As someone else said above, it wouldn't have mattered in the end as far as Chupp was concerned, but Ty would at least be going into appeal with a much better record for the COA to consider.
 
As Vic, I wouldn't be asking him to spend every hour working at the job . However, I would be pretty irritated if I found out my lawyer was missing deadlines and needing to file amended filings to compensate for missing said deadlines when he is simultaneously shooting the shit and meming with people on twitter. 😕

I maintain that the missed deadline doesn't actually matter all that much, because even the amended petition lacked what Chupp arbitrarily decided it needed. At best, maybe he wouldn't have outright dismissed Jaime's involvement, but that seems unlikely given he just dismissed the idea of anyone but Ron and Monica being involved in conspiracy, and the crux of Jaime's involvement is the conspiracy. It's an excuse for people to blame Ty over, but transcripts so far seem to indicate Chupp made sweeping decisions and demanded a higher standard of evidence than he should have.
 
As Vic, I wouldn't be asking him to spend every hour working at the job . However, I would be pretty irritated if I found out my lawyer was missing deadlines and needing to file amended filings to compensate for missing said deadlines when he is simultaneously shooting the shit and meming with people on twitter. 😕

I'd understand the sentiment, to be sure, but those are inherently things he does off the clock.
I maintain that the missed deadline doesn't actually matter all that much, because even the amended petition lacked what Chupp arbitrarily decided it needed. At best, maybe he wouldn't have outright dismissed Jaime's involvement, but that seems unlikely given he just dismissed the idea of anyone but Ron and Monica being involved in conspiracy, and the crux of Jaime's involvement is the conspiracy. It's an excuse for people to blame Ty over, but transcripts so far seem to indicate Chupp made sweeping decisions and demanded a higher standard of evidence than he should have.

I agree, but there's still something to be said about not giving any quarter for damaging scrutiny. The missed deadline hurt Ty, but it didn't hurt Ty.
 
Back