Ok had this thought cross my mind after reading something on the general Thread, for people here with legal backgrounds, how would you defend to position of the defendants during the appeals? For me when I try to put myself in their shoes I cannot find a good way to approach any argument that the defense could make that wouldn't either be flimsy or self contradictory.
Depends on which defendants. Jamie Marchi has the weakest case against her. Looking at the Appellant Brief, the arguments for both flavors of TI seem kind of limp.
For defamation, I guess they could argue that Jamie saying Vic was a predator was hyperbole. I wouldn't be that convinced, but it's better than Ron fucking Toye tweeting the exact same thing 200 times. For the hair pull story, maybe they could argue that it isn't defamation per se, and that Vic can't show damages arising from that statement. Again, not convinced, but better than Funimation implying that they investigated and fired Vic for harassment. I think defamation has the best chance of making it back on appeals for Jamie.
For tortoise interference with existing contracts, the main argument seems to be that Jamie attended conventions that Vic was scheduled for as well, therefore TI-EC. Seems very limp. I guess the argument would be that coincidence is not causality.
For TI-PBR, I think it's limp, too. They bring up the "name and shame" tweet, which I could I guess be argued as hyperbole.
Vicarious liability seems 50/50. BHBC/MH makes some good arguments for why Monica should be covered under liability, but when they bring up Jamie, the argument is Jamie holds a similar position as Monica, therefore liable. Meh.
Civil conspiracy seems a little better than the TI and vicarious liability. Ignoring the novel argument that TCPA doesn't apply to conspiracy (who knows, it might work if the underlying defamation makes it through), they bring up the naming and shaming tweet again, as well as the discord chat logs. I guess it depends on how Sam Johnson argues against the discord server screenshots, since that shows there was a meeting of minds.
Monica and Ron are fucked if Slatosch makes it through.