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
(That's some basic girl stuff right there-- was she just so pleased with herself that she had to drawl that tweet that could only ever become witty fodder against her?)
This is Marchi we're talking about here. If the last 6 months were any indication of her character, it's that she's a petty, vindictive cunt. So of course she would capitalize on her hollow victory similar to the rest of her ilk and take the opportunity to rub it in our faces.

But that's okay, she can bask in the afterglow of her dismissal for now. Can't wait for the inevitable appeals...
Boy that would be a real shame if she were put back in. A real shame.
 
This is Marchi we're talking about here. If the last 6 months were any indication of her character, it's that she's a petty, vindictive cunt. So of course she would capitalize on her hollow victory similar to the rest of her ilk and take the opportunity to rub it in our faces.

But that's okay, she can bask in the afterglow of her dismissal for now. Can't wait for the inevitable appeals...
Boy that would be a real shame if she were put back in. A real shame.

Now, IANAL, but most of the Marchi material was definitively inadmissible because it was only in the second amended pleading, and it's understandable that said pleading wouldn't be accepted because it was submitted well after the TCPA response deadline. Should they appeal on Marchi's charges, there's still not much to go off of.

And that'd be fine. I think it'd be fine for BHBH because they already figured Marchi a highball given how much her involvement is dwarfed by Rial and Toye's by volume and Funimation's by magnitude. It'd be fine for the meta-objective of restoring Vic's reputation because Rial and Marchi associate so well and they covered for each other that if the former's still in and does get wrecked, it casts serious doubt on a Marchi that's already been demonstrating her contempt for her consumerbase since "Animegate". And I think it'd be fine, speaking as a spectator, because it'd definitely cause some friction between these "sisters".

It's also possible that Ty goes and punts it all the way through to the state Supreme Court on the basis of the TCPA itself if he can because the TCPA is dumb on its face. You can do it whenever you want up to a number of days regardless of whether or not you've actually started to participate in the case (via discovery), when you do it it stays all discovery, and then you have to have a hearing where you have to establish a prima facie case when you weren't allowed to do discovery for said case and wouldn't be able to, say, subpoena unfriendly witnesses, as an example.


I hope this will be a wake up to Vic at least that you can't be nice to these people. They were never really his friends and they want to destroy his life. Time to go for the jugular Vic.

...I mean, did you not see the first page of that TCPA response? I'm pretty sure he's let loose the dogs of war.

The dogs of war may be slightly dehydrated after being leashed for so long.
 
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With marchi off the hook for now, could she go on an evidence purging spree? She really isn't under any obligation to preserve records anymore, right?

Even if she gets thrown back in on appeal, that would make discovery on her a pain.
 
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Now, IANAL, but most of the Marchi material was definitively inadmissible because it was only in the second amended pleading, and it's understandable that said pleading wouldn't be accepted because it was submitted well after the TCPA response deadline. Should they appeal on Marchi's charges, there's still not much to go off of.

And that'd be fine. I think it'd be fine for BHBH because they already figured Marchi a highball given how much her involvement is dwarfed by Rial and Toye's by volume and Funimation's by magnitude. It'd be fine for the meta-objective of restoring Vic's reputation because Rial and Marchi associate so well and they covered for each other that if the former's still in and does get wrecked, it casts serious doubt on a Marchi that's already been demonstrating her contempt for her consumerbase since "Animegate". And I think it'd be fine, speaking as a spectator, because it'd definitely cause some friction between these "sisters".

It's also possible that Ty goes and punts it all the way through to the state Supreme Court on the basis of the TCPA itself if he can because the TCPA is dumb on its face. You can do it whenever you want up to a number of days regardless of whether or not you've actually started to participate in the case (via discovery), when you do it it stays all discovery, and then you have to have a hearing where you have to establish a prima facie case when you weren't allowed to do discovery for said case and wouldn't be able to, say, subpoena unfriendly witnesses, as an example.
That may be true, but I still have a problem with the way she was just dismissed off hand without the judge even bothering to consider anything else. All because the tweet didn't include the entire thread that it was in. On top of that once she was dismissed, Chupp didn't allow Ty to bring her up again to supplement his argument that she was also part of conspiracy. I refuse to believe that it was entirely her lawyer who did all the work to get her off. Usually you have to meet a judge half way but it feels as though Chupp went and met him 3/4 of the way and once his mind was made up, he just didn't want to buckle. All arguments across all sides should be considered, that's the whole point of a hearing. He didn't go based on what any reasonable person would think. He went based on what HE thought and his line of thinking shouldn't be the basis for what any outside person looking at this case would think. It's flawed and until the appeals court says that she is in the clear, she isn't out of the woods yet no matter how good of a job her lawyer has done or how strong her case is.
 
I agree wholeheartedly that Chupp was gonna be Chupp no matter what Ty presented. Ty could have been the bastard child of Atticus Finch, Perry Mason, Matlock and Phoenix Wright combined and the outcome yesterday would have still been the same. Chupp is a joke of a judge and there's no changing that especially when we look at the previous Texas Supreme Court opinions people have posted above. In light of that, I''m not concerned about what Chupp thinks, but rather what a panel of appellate judges are going to think when they consider the record. And unfortunately, when you do stuff like miss deadlines, that gives the appellate court room to excuse some of Chupp's fuck-ups by saying he acted within his "discretion." The appellate court might look at the record and say "Yeah, we agree that the stuff in the amended petition would've been sufficient for TCPA, but it was filed outside the agreed upon deadline imposed and therefore it was ultimately within the trial court's discretion to consider it. We find that the trial court did not abuse its discretion."
As I said before I went to sleep... six ... hours ago... Sigh, I need to sleep more...

The worst part, which I realized earlier, is that Vic had TI with prospective business dropped, because Ty couldn't sufficiently prove the damages TI with existing business relations... in a TCPA hearing. The judge just up and dropped all TI, even with prospective business.
 
I don't know why so many of you guys are acting like Marchi is actually out of the woods. Appeals are inevitable considering how much bullshit went on during that "TCPA hearing" if you can even really call it that. If she's still out after the appeals are done, then she's actually out. By Chupp's own standard she probably would have still been in for conspiracy if not for the fact that he dismissed her first then refused to even allow Ty to argue that she was part of the conspiracy. I would hazard a guess that very little of what was said or done yesterday will stick permanently.
 
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I don't know why so many of you guys are acting like Marchi is actually out of the woods.
I'll explain for you why they think that.


Sometimes a person brain goes Retarded and forgets that nothing in this Hearing matters untill appeals are over.

So they sperg about it to cope with it.
 
We don't know if Vic + Ty will think it's worth appealing, yet.
Are you being deliberately dumb or have you never followed a legal case before ever? Lawyers will appeal fucking anything that doesn't go their way just to raise their billable hours, and that's in cases where the judge isn't hung over and barely paying attention. If Ty doesn't appeal this it will look absolutely terrible on him and if Vic refuses to let him appeal it then he deserves to get Chupp'd in the ass just like he did yesterday. The only way no appeals get filed is if Vic himself refuses to allow Ty to do his job.
 
Basically, anyone expecting the hearing to be final and not involve appeal regardless of the decision was being overly optimistic.

Pretty much this. Really, up until it gets to the Supreme Court, lawsuits are mostly just a money-throwing contest. This is why big companies are tough to defeat in court.

Let me bring up the case of Sony vs. Bleem - which is not just relevant for the point I'm making, but also because FUNimation is owned by Sony and thus may have access to this degree of funding.
The summary of that case basically is "Sony kept suing Bleem over developing emulators, and kept losing in court. But Sony persisted, and eventually drove Bleem out of existence entirely with court fees, and thus got what they ultimately wanted even though they never got a court judgement in their favor."

This is why the majority of lawsuit cases end in settlement.
 
Pretty much this. Really, up until it gets to the Supreme Court, lawsuits are mostly just a money-throwing contest. This is why big companies are tough to defeat in court.

Let me bring up the case of Sony vs. Bleem - which is not just relevant for the point I'm making, but also because FUNimation is owned by Sony and thus may have access to this degree of funding.
The summary of that case basically is "Sony kept suing Bleem over developing emulators, and kept losing in court. But Sony persisted, and eventually drove Bleem out of existence entirely with court fees, and thus got what they ultimately wanted even though they never got a court judgement in their favor."

This is why the majority of lawsuit cases end in settlement.

And frankly that's one reason I prefer Sony keep its 'not getting involved in that stupid' stance. They have deeper pockets to pick, but suing Sony is like suing Disney. It hurts even when your judge isn't dumb.
 
I don't know why so many of you guys are acting like Marchi is actually out of the woods. Appeals are inevitable considering how much bullshit went on during that "TCPA hearing" if you can even really call it that. If she's still out after the appeals are done, then she's actually out. By Chupp's own standard she probably would have still been in for conspiracy if not for the fact that he dismissed her first then refused to even allow Ty to argue that she was part of the conspiracy. I would hazard a guess that very little of what was said or done yesterday will stick permanently.
Marchi is purging evidence as we speak. Discovery for her is gonna be a bitch if appeal goes through.

I'm no lawyer but, I don't think she is required to retain records anymore.
 
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.
I just needed to say that this is an excellent summary. Everyone just needs to relax and not count your chickens before they hatch
 
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