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CannonFodder posted:Could you please give a "I don't practice texas law but I do practice law" opinion on what, if anything, will happen to Ty when he forged a notarized signature? If the judge feels it necessary, they usually have broad leeway to sanction lawyers. The judge could straight up order him anything from a monetary fine to requiring that he take a number of hours continuing education courses on the TCPA and constitutional rights. The judge could also refer him to whatever is Texas' disciplinary authority. A bar complaint from a judge is usually a really bad day for a lawyer. Mr. Nice! fucked around with this message at 18:42 on Oct 6, 2019 |
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Oct 6, 2019 18:38
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The signature is pretty obviously copy pasted, but has anyone directly involved with the case claimed it was? Like, unless Vic says "I didn't sign that," will it even come up?
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Oct 6, 2019 19:42
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the details haven't been brought up, just the fraud but there hasn't been a reason to do so yet. maybe in sanctions if the defendant attorneys bring it up
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Oct 6, 2019 20:32
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Iirc Greg mentioned that Lemoine was ready to bring it up during his presentation. But the judge specifically requested to focus on TCPA during the hearing and leave all the sanctions related stuff for later, so that's probably why it wasn't mentioned.
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Oct 6, 2019 20:43
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If you're terminally-online like me All Layers Are Bastards, a left-ish legal podcast mainly aimed at explaining and/or mocking culture war lawsuits have part 1 of their Vic episode up. It's mostly background of the entire case but the back half is about Nick and Ty and how they're very obviously deeply average lawyers who finally found a big juicy grift they can worm their way into and ride the coattails of. Pierson fucked around with this message at 11:25 on Oct 7, 2019 |
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Oct 7, 2019 11:22
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Pierson posted:If you're terminally-online like me All Layers Are Bastards, a left-ish legal podcast mainly aimed at explaining and/or mocking culture war lawsuits have part 1 of their Vic episode up. Is their degree of incompetence really 'deeply average'?
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Oct 7, 2019 13:18
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maybe they'd seem that way 3 months ago, now though?
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Oct 7, 2019 13:48
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The 'cast points out that Nick was doing alright and was rising steadily as a minor conservative youtube law-explainer and Ty had a steady job operating a trust-fund, but then they decided to just hurl themselves into an entirely different field of law involving things like depositions and evidence and judges.
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Oct 7, 2019 14:26
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One fine person made a list showing Nick losing his poo poo which got him banned, worth it for the laughs. https://twitter.com/anabelsays/status/1181197608414400513
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Oct 7, 2019 19:08
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does Garf Lasagna even have any more appearances planned
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Oct 7, 2019 19:11
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Not gonna lie I could laugh at people insisting the judge is actually lazy/a secret Democrat in disguise all day and I really want for Vic to appeal the ruling, maybe come up with some really lovely evidence this time.
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Oct 7, 2019 19:56
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ChaseSP posted:Not gonna lie I could laugh at people insisting the judge is actually lazy/a secret Democrat in disguise all day and I really want for Vic to appeal the ruling, maybe come up with some really lovely evidence this time. No new evidence on appeal. He's hosed.
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Oct 7, 2019 20:02
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ChaseSP posted:Not gonna lie I could laugh at people insisting the judge is actually lazy/a secret Democrat in disguise all day and I really want for Vic to appeal the ruling, maybe come up with some really lovely evidence this time. I don't think he's actually allowed to add any evidence on appeal, since the point of the appeal is that you think the judge made a mistake, not that you made a mistake. I think he now has to get some judge to look at the same facts and somehow not come to the conclusion that Vic's side is being a bunch of fuckheads. e: fb Also this means that any appeal against Marchi is doomed to fail forever, since he never provided any context that would prove any of her quotes were about Vic, and so has literally no evidence against her. AnoHito fucked around with this message at 20:05 on Oct 7, 2019 |
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Oct 7, 2019 20:03
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but what if he does a super objection?
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Oct 7, 2019 20:04
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it's a new level, he calls it super objection 2.
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Oct 7, 2019 20:07
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Runcible Cat posted:it's a new level, he calls it super objection 2.
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Oct 7, 2019 20:20
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I don't want him to appeal because I'm pretty sure all the defendants just want this to be over so they can move on with their lives. It's not worth years of misery for these women just so some randos on the internet can laugh at a pervert and his dumb lawyers.
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Oct 7, 2019 20:29
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Elephant Ambush posted:I don't want him to appeal because I'm pretty sure all the defendants just want this to be over so they can move on with their lives. It's not worth years of misery for these women just so some randos on the internet can laugh at a pervert and his dumb lawyers. Your point is well-taken, but the real "objective" of an appeal would be that Vic gets a financial turbofucking paying for all the lawyers twice. If only Ty were as masterful a legal mind as Lionel Hutz, Esq., and asked for "one of those bad trial thingies." e: actually, serious question. If I'm represented by a lawyer so incompetent that he neglects to introduce evidence or make a prima facie case, is there any recourse available or is it caveat emptor when it comes to your legal representation? Admiralty Flag fucked around with this message at 20:49 on Oct 7, 2019 |
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Oct 7, 2019 20:45
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Admiralty Flag posted:Your point is well-taken, but the real "objective" of an appeal would be that Vic gets a financial turbofucking paying for all the lawyers twice. You can sue them for malpractice but generally you would have to prove that a competent attorney could have done better which may be impossible since this case was a dog to begin with. I think Greg was saying that malpractice is probably back in play because Ty hosed up so bad they are gonna get sanctioned hard. Actually this one is a better explainer scroll up because threading is broken if you start at the beginning: https://twitter.com/greg_doucette/status/1144735936921690112?s=20 Hub Cat fucked around with this message at 21:02 on Oct 7, 2019 |
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Oct 7, 2019 20:52
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But all of that relies on Vic actually doing something proactive in this case and maybe hiring his own attorney instead of farming it all out to these two doofs, right? Because uhhhh....
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Oct 7, 2019 21:00
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A competent attorney may well have been able to get a handful of claims past the Texas Citizens Participation Act hearing, which would mean Vic wouldn't be liable for paying defendants' legal fees (+ sanctions) for those claims, but there was never going to be a reality where ALL of them survived (so a competent attorney wouldn't have submitted all of them), and also there was ever enough merit to actually WIN the suit in the end (so a competent attorney wouldn't have taken the case in the first place).
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Oct 7, 2019 21:04
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keep in mind that greg's opinion there is from the end of june, things have got dramatically worse since then. that was pre-hellfiling, forgeries, leaked deposition tape, and hearings
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Oct 7, 2019 21:06
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Yeah here is his current (2 days ago) view on it. I picked that mini-thread because its a better explanation of legal malpractice generally https://twitter.com/greg_doucette/status/1180537981179977730?s=20 Hogama posted:A competent attorney may well have been able to get a handful of claims past the Texas Citizens Participation Act hearing, which would mean Vic wouldn't be liable for paying defendants' legal fees (+ sanctions) for those claims, but there was never going to be a reality where ALL of them survived (so a competent attorney wouldn't have submitted all of them), and also there was ever enough merit to actually WIN the suit in the end (so a competent attorney wouldn't have taken the case in the first place). Hub Cat fucked around with this message at 21:34 on Oct 7, 2019 |
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Oct 7, 2019 21:25
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Hub Cat posted:Yeah here is his current (2 days ago) view on it. I picked that mini-thread because its a better explanation of legal malpractice generally Also he really needs to show net real damaged from Ty's actions; since Vic is basically libel-proof at this point he has a huge uphill battle claiming that Ty made his reputation worse. (Like if you assaulted a bunch of ladies nobody much cares if you also cut in line or w/e)
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Oct 7, 2019 21:52
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Pierson posted:If you're terminally-online like me All Layers Are Bastards, a left-ish legal podcast mainly aimed at explaining and/or mocking culture war lawsuits have part 1 of their Vic episode up. Holy crap this is a pro-click. I can't wait until they get to the second part and actually discuss the wet fart of a case.
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Oct 7, 2019 22:04
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SoftNum posted:Also he really needs to show net real damaged from Ty's actions; since Vic is basically libel-proof at this point he has a huge uphill battle claiming that Ty made his reputation worse. (Like if you assaulted a bunch of ladies nobody much cares if you also cut in line or w/e) Paying lawyer's fees and the defendant's fees is enough of a damage for malpractice. Damage just means "any kind of loss of money." This wouldn't be a defamation claim, just a malpractice claim, so his reputation doesn't matter here. The idea here is "if I hadn't trusted this incompetent lawyer, I wouldn't have lost all this money." The causation issue is whether a real lawyer could have avoided that loss with the same case, which is probably false. Edit: Oh, I didn't read that laywer's tweet thread yet. He was saying that reputation is the only way he might be able to prove damages, since he didn't actually pay for his own legal team (the suckers did). Clarste fucked around with this message at 05:24 on Oct 8, 2019 |
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Oct 8, 2019 05:14
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If the Judge factors in Nick and the war chest and sanctions that, I'd say Vic would have a claim. As none of this would have progressed this far without it.
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Oct 8, 2019 05:24
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Just generally, as someone who has worked on some legal malpractice defense cases, the proximate cause comment in the Twitter thread is key. As incompetent as the lawyers were, there is no viable malpractice claim. The underlying action was unwinnable. That said, there is *maybe* enough there to shake out a settlement from the lawyer's insurance carrier ... if these clowns are carrying adequate insurance.
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Oct 8, 2019 05:55
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Bushido Brown posted:Just generally, as someone who has worked on some legal malpractice defense cases, the proximate cause comment in the Twitter thread is key. As incompetent as the lawyers were, there is no viable malpractice claim. The underlying action was unwinnable. I'm going to guess these bozos don't have insurance. They seem like the type who dropped their health care the second the ACA lost the individual responsibility tax.
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Oct 8, 2019 05:58
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Pierson posted:If you're terminally-online like me All Layers Are Bastards, a left-ish legal podcast mainly aimed at explaining and/or mocking culture war lawsuits have part 1 of their Vic episode up. This opens with a dude (presumably joking) saying he has no respect for anyone involved in the case, which uhhhh given that one of the parties assaulted the other kinda sucks rear end. And it ends with a dude (presumably joking) encouraging kf to doxx doucette and that also sucks rear end.
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Oct 8, 2019 07:04
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LibrarianCroaker posted:... Yeah, that's about when I decided I wasn't going to listen to anymore of these people's podcasts.
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Oct 8, 2019 07:21
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I mean, while that’s totally understandable I think it’s pretty clear he wasn’t being serious. (Also I’m pretty sure Greg’s already told KF to try doxxing him anyway but I doubt they knew that). Same with the joke about having no respect for anyone in the case. It’s pretty obviously because it’s about anime and not about the victims, since they take a pretty hard “Vic has clearly been sexually harassing people for years” stance in the episode.
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Oct 8, 2019 07:55
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I'll admit I chuckled when the joke continued on and the punchline was "and also because it's about dubs"
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Oct 8, 2019 08:39
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Hitlersaurus Christ posted:(Also I’m pretty sure Greg’s already told KF to try doxxing him anyway but I doubt they knew that). The Farms already doxxed Greg a few months back and came up with very little that wasn't publicly available, although one of them managed to briefly kinda-sorta hack his website. They do keep trying to crank call him, but he's got one of those systems that bounces unknown numbers or something to that effect so he never actually hears them.
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Oct 8, 2019 11:44
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they keep calling from the same prefix/suffix so its trivial to filter them. there's a few screenshots in his twitter somewhere
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Oct 8, 2019 13:24
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LibrarianCroaker posted:This opens with a dude (presumably joking) saying he has no respect for anyone involved in the case, which uhhhh given that one of the parties assaulted the other kinda sucks rear end. Also, using "autistic" as a slur. Really?
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Oct 8, 2019 13:56
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Nick apparently has a new strategy of.....this: "[4:30 PM]rekietalaw: How pissed off would everyone be if Vic dismissed his case with the intent to refile in September....but for a really good reason?" https://twitter.com/jmkacc/status/1181431772283887625
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Oct 8, 2019 14:37
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E the Shaggy posted:Nick apparently has a new strategy of.....this: He can’t dismiss his case. It has already been dismissed with prejudice. There’s no option to voluntarily dismiss and refile now.
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Oct 8, 2019 15:00
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Mr. Nice! posted:He can’t dismiss his case. It has already been dismissed with prejudice. There’s no option to voluntarily dismiss and refile now. Option 2: He needs to keep up the grift! I believe either one. I also don't believe Vic would have any desire to keep digging this hole once he sees the anti-SLAPP sanctions.
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Oct 8, 2019 15:07
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Now I'm imagining a Weekend at Bernies-style situation where Ty has to resort to ever-more-complex schemes to stop Vic finding out how badly he lost.
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Oct 8, 2019 15:15
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