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Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...
Sharon Grigsby (the author of the Dallas piece on Vic) made it on NBC :bignews:
https://twitter.com/ANN_Lynzee/status/1171505270490484736

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Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...

Piell posted:

Court transcript coming soon.
:yeshaha:

Edit: It's out!
https://twitter.com/fsckemall/status/1172649980638556160

Can Of Worms fucked around with this message at 00:18 on Sep 14, 2019

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...

Alan Smithee posted:

why did the transcript cost so drat much
It's a lot of text (157 pages!) that needs to be converted from a stenographer's notes, and in general, transcripts are sold under the assumption they're shared so the price is adjusted to account for that.

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...

Skwirl posted:

Don't you also have to show damages? You can lie about someone as much as you like as long as the lie is so outrageous no one believes it.
No, certain types of statements are considered damaging just by their content alone; for example, saying someone was involved in criminal activity. This is the "defamation per se" that Ty keeps bringing up in transcript (vs defamation per quod). The burden would be on the defense to show that damages didn't occur.

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...
Usually you just get the person who made the post to admit they made it (Ty tried doing this with Ron Toye's tweets during his deposition, but he was so incompetent he couldn't even do that), otherwise you have to produce evidence that shows that that specific person made it, the most basic element is showing that the account actually belongs to the person in question. This process is called authentication if you want to google more information about it.

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...
I suspect the statue of limitations has run out for the ones brought up in the affidavits.

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...
Doucette tweeted something ~*~mysterious~*~ in the twitter thread for Vic's lawsuit:

https://twitter.com/greg_doucette/status/1181780257919193088

https://twitter.com/greg_doucette/status/1181780991603609600

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...

What did Bosch do to get lumped with the rest of these idiots?

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...

Hub Cat posted:

Hmmm, worth pointing out that response was not drafted by Beard wonder if there is some trouble in paradise
Looks like it was drafted by the same firm that sent the backup lawyer (Hsu) to Beard's hearing.

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...
https://twitter.com/greg_doucette/status/1191831271091179520
:yum:

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...
https://twitter.com/greg_doucette/status/1192557038854950912

Hoping real hard for a transcript.

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...
The theory I've seen on lawtwitter is it's a deterrent for appeals, as the defendants can cross appeal (and will likely win) if Vic decides to appeal.

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...

Phobophilia posted:

I dunno I see people spout how Vic is innocent in random boards and threads all the time these days. No one defended him in the past because he wasn’t a rallying cry for fighting the feminazis. Now, they’ll ignore past precedence for convenience.

Vic has a dedicated fanbase that his mom is in charge of who both believes him when he does his "I didn't mean to offend people" act, and are willing to go hog wild on his accusers. There's either a screenshot of him in Discord telling his fans to "do whatever they can to fight the accusations" (paraphrased) or it was mentioned in tweets.

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...
Sanctions hearing transcript is up, linked in Doucette/Shane Holmberg's timeline. Can't post the link myself at the moment, unfortunately.

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...

Namtab posted:

I mean he's appealing the court case he ain't gonna do a stream saying "actually theyre right i am a piece of poo poo, legally"

He will, however, admit under oath that he has no evidence of his claims.

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...
:chloe:
https://twitter.com/ljmontello/status/1224738082345246720

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...
https://twitter.com/PoorlyAgedStuff/status/1236734585477697537

Replies are basically what you'd expect.

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...
The appeal briefs have been filed (but aren't publically available at this very moment), and they're going to be quite the read if this is anything to go by:
https://twitter.com/greg_doucette/status/1245203238275735554

And this is the expected schedule for the remaining motions:
https://twitter.com/greg_doucette/status/1245206119179575296

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...
The briefs are up:
https://drive.google.com/file/d/11tkLVqqJQoj8ZWTq8zl4lXfvRO7KqBT1/view
https://drive.google.com/file/d/1aDWmqnW2b87ih4XjJ4_eudSmfaI6W1lu/view
https://drive.google.com/file/d/1F01kmdiWvlOZQvHOJZAURooCOIS5a5P0/view

Some excerpts:

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...

Wark Say posted:

But is the payday gonna be worth it in the end? From everything I've seen, they can actually sanction Beard and co. for wasting people's times doing this quarter-assed job.
From what I've heard, the only person who can actually force sanctions is Vic suing Beard for malpractice, and he's either a dumbass, doesn't care, or has been convinced by his friends that Beard is actually doing a competent job.

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...

Quinntan posted:

As far as I know, to get somewhere in a malpractice suit you have to have a case that was somewhat viable. Vic doesn't really have that with the possible exception of Toye accusing him of having assaulted hundreds of women.
No, I think the only requirement is that you need to show that an average lawyer would have gotten a better outcome; Several lawyers including Doucette believe Vic could have gotten the lawsuit past the TCPA and avoided the sanction fees associated with it.

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...

quote:

Bold mine. And the last part seems important, if I'm understanding correctly that it means this case would actually have to be winnable for there to be malpractice, not just that Mignogna could have done "better".

Yeah, I'll have to concede on that. I thought I found some case law that showed it was possible to win a malpractice suit with a losing case, but if it existed I can no longer find it; the closest things I've found are Elizondo v. Krist (Tex. 2013) and Rogers v. Zanetti (Tex. 2017), but neither covered guaranteed losing cases.

quote:

(Elizondo v. Krist) The Court noted that the plaintiff’s burden is to prove the difference between the result obtained for the client and “the result that would have been obtained with competent counsel” – not necessarily the result “if the case had been tried to a final judgment.”

quote:

(Rogers v. Zanetti) The Texas Supreme Court has made clear that a plaintiff must provide competent proof of both elements of cause in fact—that the malpractice was “a substantial factor” in bringing about the injury and that the injury would not have occurred “but for” the malpractice.

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...

Zeether posted:

Good god
https://twitter.com/ljmontello/status/1299964621772603393

He's doubling down. Well, given the amount of clips it's more like quintupling down at this point.

Can Of Worms fucked around with this message at 03:21 on Aug 31, 2020

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...
That actually looks better than the actual Funko Pop Sonic by virtue of not having the default Funko eyes.

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...
Nick Rekieta is planning on filing an amicus brief (and yes the deadline for filing briefs has passed.) If you don't know what that means the replies to the tweet should provide ample context.

https://twitter.com/greg_doucette/status/1308431730475438083

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...
The amicus brief was filed.

https://twitter.com/questauthority/status/1310759486701948929

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...

Alan Smithee posted:

Is Vic seriously still paying them
Vic never paid them, it was always funded by his fanbase; and yes, they're still giving money to them despite everything that happened. That's why he tried to get an en banc review, to give the illusion that there's still a chance so that the fans keep giving them money.

Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...

TenementFunster posted:

it's even more attenuated than that, isn't it? my impression was Nick raised all the money/outrage/profile for Vic before he ever met Vic and basically approached him with the pitch, "I raised this huge war chest for your cause on youtube. I have a real winner of a case and a texas attorney ready to go if you just sign here!"
Yeah, that's correct. I'm just highlighting how the campaign still gets money every now and then (the most recent addition is a 100$ donation from about 3 weeks ago).

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Can Of Worms
Sep 4, 2011

That's not how the Triangle Attack works...

Soylent Pudding posted:

It's important to emphasize that his lawyers were hilariously incompetent and obviously more concerned with trying to become stars on the culture war circuit than effectively trying the case.

To clarify this point a bit more, it was about money rather than attention from the culture war goofs; the lawyer who spearheaded the lawsuit started a Gofundme campaign specifically for that purpose, to the point that Vic has no access to these funds. They milked his fanbase out of at least 250k during the whole thing, and Vic could probably recoup some of his losses by suing them for malpractice, but probably won't.

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