Weeb Wars / AnimeGate / #KickVic / #IStandWithVic / #vickicksback - General Discussion Thread

Not in Texas. In Texas, Statute of Limitation for Defamation starts from the moment the defamatory statement was made, not discovered (Sec. 16.002)

I wasn't talking about defamation.
Obviously, if we're talking about public defamation, I would guess the system would simply assume the defamation is known from the day it is made.
But don't forget, we're not talking here about defamation only, we're also talking about a bunch of assholes working together to stop a man from working.
If it is found out that someone coordinated all that, trust me, that person won't be off the hook just because the CoA took its time reviewing the case.

I'm no law expert, but each law has a specific intent, and the intent of the statute of limitation is not to protect people who are good at stalling.

PS: By the way...
I don't think that "the day the cause of action accrues" can't mean anything but "the day the defamation was made".
It is no less likely that "the day the cause of action accrues" could mean instead "the day the defamation is known".
I read it as "the day since which you're allowed to bring a lawsuit", which doesn't really tell which one it is.
 
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That was good, apart from using 8bitshinobi as an example. AM and Kaho had proven that was a lie, Sean hasn't.
To be fair, the accusations against AM were ridiculous on their face due to mis-spellings, dates several days after the event ended, rando Gmail account, and general oozing of autism. They had a bit of an easier time since the 'accusers' were orders of magnitude more ridiculous.
 
I wasn't talking about defamation.
You replied about a question about defamation with an answer that had nothing to do with it?
But don't forget, we're not talking here about defamation only
We are though, as that is what the poster you replied to talking about.
I'm no law expert, but each law has a specific intent, and the intent of the statute of limitation is not to protect people who are good at stalling.
Intent of the legislator when passing the law is in the plain words of the statute. That is how courts usually view that as well, or by looking at the followup laws (see, for example, United States v. Cuellar, 478 F.3d 282 (5th Cir. 2007), Armour Packing Co. v. United States, 209 U.S. 56)
PS: By the way...
I don't think that "the day the cause of action accrues" can't mean anything but "the day the defamation was made".
It is no less likely that "the day the cause of action accrues" could mean instead "the day the defamation is known".
I read it as "the day since which you're allowed to bring a lawsuit", which doesn't really tell which one it is.
How you managed to read "on the day defamation was made" as "the day defamation is known" is beyond me.
 
You replied about a question about defamation with an answer that had nothing to do with it?

We are though, as that is what the poster you replied to talking about.

Intent of the legislator when passing the law is in the plain words of the statute. That is how courts usually view that as well, or by looking at the followup laws (see, for example, United States v. Cuellar, 478 F.3d 282 (5th Cir. 2007), Armour Packing Co. v. United States, 209 U.S. 56)

How you managed to read "on the day defamation was made" as "the day defamation is known" is beyond me.
They read it that way because it doesn't say "made", it says "accrued". A cause of action accrues when the plaintiff discovers the injury caused by the action, which isn't necessarily when the action occurred. If someone has been making defamatory statements in secret to other parties and is only later found out, then the cause of action accrues at the point in time it is found by the damaged party, not at the point the defamation occured.
 
They read it that way because it doesn't say "made", it says "accrued". A cause of action accrues when the plaintiff discovers the injury caused by the action, which isn't necessarily when the action occurred. If someone has been making defamatory statements in secret to other parties and is only later found out, then the cause of action accrues at the point in time it is found by the damaged party, not at the point the defamation occured.
"An action for defamation accrues when the defamatory statement is published"
-San Antonio Credit Union v. O'CONNOR, 115 S.W.3d 82 (Tex. App. 2003)

Edit: In "rare cases" where the defamation is "inherently undiscoverable", the statute of limitations only start when plaintiff learns about the defamation. See Childs v. Haussecker, 974 S.W.2d 31 (Tex. 1998 ), San Antonio Credit Union v. O'CONNOR, 115 S.W.3d 82 (Tex. App. 2003), Velocity Databank, Inc. v. Shell Offshore, Inc., 456 S.W.3d 605 (Tex. App. 2014)
 
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See this profile gets it
 
"An action for defamation accrues when the defamatory statement is published"
-San Antonio Credit Union v. O'CONNOR, 115 S.W.3d 82 (Tex. App. 2003)

Edit: In "rare cases" where the defamation is "inherently undiscoverable", the statute of limitations only start when plaintiff learns about the defamation. See Childs v. Haussecker, 974 S.W.2d 31 (Tex. 1998 ), San Antonio Credit Union v. O'CONNOR, 115 S.W.3d 82 (Tex. App. 2003), Velocity Databank, Inc. v. Shell Offshore, Inc., 456 S.W.3d 605 (Tex. App. 2014)

That literally proves that my interpretation is right:
Those two quotes are saying that the clock starts ticking when the statement is made, but only if the plaintiff knew (it says "published" for a reason).
However, in the "rare cases" the plaintiff can prove he couldn't possibly know, that it was "undiscoverable", then the clock starts ticking when he "learns".
So basically, in both situations the action accrues when the plaintiff knows. It's just that for the first one, immediate knowledge is assumed for it is public.

But yet again, I wasn't talking about the defamation, I was thinking more about the tortious interference.

PS: And sorry for the "we", it was a generic one, I understand the confusion, my bad. I meant to say that the lawsuit itself isn't about defamation only.

Nb: @teriyakiburns got my previous message right, I have no idea how you ended up reading it as "made = known".
 
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That literally proves that my interpretation is right:
Those two quotes are saying that the clock starts ticking when the statement is made, but only if the plaintiff knew (it says "published" for a reason).
The two quotes are extremely different. One shows how defamation is normally handled in Texas (i.e. clock starts running as soon as defamatory statement is made), and the other showcases a very rare (according to Texas Supreme Court and appeals courts) exception.

Published does not mean the other party knew of publication, and even if this interpretation was not insane, we know that this is wrong interpretation because the exception clearly makes/marks a difference between when the rare Discovery rule applies (i.e. when the clock start ticking from when the Plaintiff should have learned) and when it is normal (i.e. clock starts ticking as soon as defamatory publication is made). I encourage you to read an appeals court decision inVelocity Databank, Inc. v. Shell Offshore, Inc., 456 S.W.3d 605 (Tex. App. 2014).
So basically, in both case the action accrues when the plaintiff knows.
No.
It's just that for the first one, immediate knowledge is assumed for it is public.
You can make anything sound truthful if you keep changing the facts.
But yet again, I wasn't talking about the defamation, I was thinking more about the tortious interference.
Which is something I also pointed out. To a question about defamation, you thought that a good answer was to talk about TI without making it clear that you are talking about TI. Which, by the way, you were wrong about TI too. It follows exactly the same rules as Defamation, except instead of one year it's two. See First Nat. Bank of Eagle Pass v. Levine, 721 S.W.2d 287 (Tex. 1986), Rogers v. Ricane Enterprises Inc., 930 S.W.2d 157 (Tex. App. 1996)

Nb: @teriyakiburns got my previous message right, I have no idea how you ended up reading it as "made = known".
I read it as Texas courts do. Texas courts read "accrue", not as "when Plaintiff learns of it" as you do, but as I do. See Rogers v. Ricane Enterprises Inc., 930 S.W.2d 157 (Tex. App. 1996)
 
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