[kickvic/screech] Because I hate myself and have nothing important to do tomorrow, I'ma bite the bullet here and try to liveplurk Nick's lawsplaining about why a total shutout dismissed with prejudice isn't a bad thing.
Also full disclosure I have no legal training (I'm a history major, not a lawyer or even a law student) so any legal analysis will definitely have to come from someone more qualified
So- per Ty- the reason this was a flaming garbage barge was because the court ruled out defamation for Marchie, they had to rule it out for everyone else to be consistent
"What many people seem to be ignoring is that appeals are part of the process. A win is never a win and a loss is not a loss until all the appeals are complete or the time has expired on them." -Screech, somewhat paraphrased because I can't type THAT fast
Ty actually coming out and saying he doesn't believe it's at all likely that the judge was biased because the defendants were women or he was worried about being crucified by Sharon Grigsby (I don't have her name in front of me I STRONGLY suspect I misspelled it)
Going into appeals talk now (y'know, that hypothetical one), and bonus: Even per Ty, if the appellate court rules in their favor, the case is sent back down to the trial court level
"Interestingly there are issues in this case that are appeal points that are split between the circuits and how they deal with them. I'm not saying this case should or even would go to the Supreme Court, but-" (N)
unsurprisingly he has not actually said what any of those points are.
Ty and Nick want us to know that it's as important as the legal case, if not more important, that now the evidence is out there and people can decide for themselves if Vic's a predator
Nick wants us to know that he received a message today from someone with the ability to make something happen that there's a way to help Vic go into 2020 and get work and keep on getting work.
Some rando in the chat telling Ty to let Vic know that if he follows through with his aspirations to start his own studio, he would love to provide him with some screenplays he wrote himself including some he wrote when he was "falselyME2"
Also trying to walk a weird line between "no one cares what anyone says about you on Twitter" and "but my client was seriously damaged by what people said about him on Twitter"
Somehow this Q&A session has drifted into whether it's possible or a good idea to have AI determine the likelihood of people jumping bail and setting the bonds accordingly
(Gonna go out on a limb here and say that one's probably also inaccurate, especially in comparison to his indefinite "GIVE ME MONEY TO GIVE TO VIC" spree)
Nick wants us to know that it's weird that the court did not consider the unsworn declarations that were filed way past that deadline after Ty withdrew the affidavits
Nick says it's not really true that it's not true that the second amended petition added new evidence that wasn't included in the first petition, and that's not true! It only added unsworn declarations!
Nick wants us to know that it's a terrible citation for a TCPA case to say that adding new evidence after a petition has been filed was a terrible misrepresentation of the case because it's TOTALLY unrelated and is relating to the Texas Medical Liability Act
Because obviously judges can't infer "hey if it's a fucked up move to add new evidence after everyone's responded in this other case, it's probably fucked up here too"
Especially when there's a legal agreement between counsels that you AREN'T going to just be adding new shit leading up to trial after a certain date, and you do it anyway
Nick going into the TCPA saying that the judge didn't appropriately understand and/or implement the purpose of the TCPA because he only decided it meant the defendants could get out of this lawsuit quickly, not that it meant Vic's lawsuit had merit!!!
Nick says there's no possible way that a prima facie case doesn't exist for defamation against Ron Toye because through a third party he confirmed he made the tweets of his that were cited
Nick wants us to believe there's evidence for existing contracts for every single convention, and that we shouldn't believe our lying eyes and ears, because saying they cancelled their invitations / announcements re; Vic attending
(also it's in regard to communication from one convention to Vic saying they wouldn't be considering inviting him back for future conventions, and that means OTHER conventions were ALSO planning on it and that's not how rational inference works)
Nick wants us to know how ABSURD it is that Chupp wants us to believe that there's not any clear and specific evidence for any element of any of these claims
Nick wants us to believe it's weird / lazy on Chupp's part to not rule on the agency of the defendents as representatives of Funimation, only on their employment as independent contractors.
Look I'm not a lawyer but I guarantee you will never find any company who will willingly describe their contractors as agents authorized to speak on their behalf
Nick also says it's not uncommon at all for there to be district court orders that are vaguely worded or don't cite specific things, but in this particular case it's REALLY BAD AND WEIRD
I'm gonna go ahead and say we're probably done with any serious legal talk considering Nick's now spending his time waffling back and forth on whether or not he wants to do Twitch tonight
"Is this ruling just him realizing how badly he screwed up and saying I wanna get rid of it, let the appeals court deal with it? I don't know, maybe. I'm not in his head."
I can absolutely guarantee no judge would ever do this
Nick saying Ty doesn't necessarily need to hire an attorney that specializes in appellate cases because his firm does handle appeals cases, but that it's not his place to say and Ty wouldn't necessarily say one way or the other because it's a strategy decision
Nick wants us to know that he doesn't know what Chupp was thinking with this case, and he doesn't want to try to get in his head because he doesn't understand why he ruled the way he did in this case.
I also feel like the only reason this wasn't as damaging to my sanity as it was for Marc Whipple or any of the other brave Law Twitter users to try this shit is that I'm not a lawyer so I was never offended on a professional level
I had to Google him (which I'm not ashamed in the slightest to admit, researching shit you don't know is a huge part of the field) and I already know I'm gonna be down this rabbit hole for hours
it came up in one of the 100 level courses I had to take. Less as a matter of law and more as an example of one of the earlier appearances of written records
He started the first class with the phrase "attendance is optional" and was then shocked (shocked!) that the vast majority of the class didnt show up except for days when it was announced there would be a test
(for anyone who doesn't get that significance- either due to prohibitive costs, because they're in a trade profession, or any other reason didn't go to college- 100 level courses are generally both of the lowest academic significance and the lowest difficulty to pass)
(I was usually hungover and/or sleep deprived for most of mine, which was a boon for the Ancient Philosophy course I took because you will never be able to convince me that the Ancient Greek philosophers weren't just fucking wasted 24/7 to begin with)
(my final exam for the course largely hinged on an essay on his worldview and I fucking aced the damn thing despite being absolutely shitfaced on rum and bourbon when I wrote the damn thing)
Jesus, not even Evel Knievel could have made that leap
I feel like this is going to be the only part of the stream where Nick and Ty give out useful advice.
"No, course not."
Welp
That's not untrue
unsurprisingly he has not actually said what any of those points are.
Both Ty and Nick says yes. I have serious doubts about this being accurate.
Can uh...can anyone actually find that?
It's inconclusive whether or not Ty actually knows who the hell he's talking to
Raise your hands if you're surprised this came up.
:|
All counts were dismissed you fuckberry
Goalpost sightings have been reported as far as six counties over and they seem to be continuing their travels at breakneck speed
You are. As a history major I know you are, not even as anyone with a degree in law
No, it's not. Law's a lot like history: If you're writing anything on something, you fucking cite what you're talking about.
Nick again failing to understand fucking any of this
I can absolutely guarantee no judge would ever do this
Which, if we've learned anything from this entire fiasco, is the sort of thing Ty is completely incapable of ever showing.
Nick that's the only President you can impeach
...no?