, 19 tweets, 7 min read Read on Twitter
Good morning #Threadnought -

I was, to be honest, planning on skimming all the rest of the filings, but since I livetweeted the other two, might as well complete the set.

As with the others, no prereading here.
This was filed a little later than the others - 5:51 pm - but well within the time limit for replies, and early enough to let Volney get home after what was, due to Ty's shenanigans, an unnecessarily trying weekend.
Volney has been the most restrained and straightforward in his filings - not surprising given how awful the case against him is - so it was actually a little startling to see his opener.
The remainder of the intro is extremely good - polished, straightforward, clear. Leaves no doubt as to the relief sought or why.

Also leaves no doubt as to why Ty failed - he left specific elements out of his defamation case, and all of them out of all the other ones.
As an aside, I think Volney has an advantage over the others when it comes to this case - he's got a corporate client, not individuals. That makes it easier to maintain distance and neutral tone.
Volney is going to win the "TCPA applies" section, he knows it, and he's briefing it in a way that will save time down the line when it's time to do the brief for the appeal.

Clear, to the point, lots of law cited.
There's real craftsmanship in this paragraph - it's doing some subtle multitasking.

Vic is claiming that the "we don't condone harassment" tweet was about him; Funi says it was about the discussion itself. Volney is reinforcing that through the freedom of association argument.
The freedom of association argument is actually not the best grounds for the TCPA applying - but it was solid. And the free speech argument was so good that it will be more than enough; there's nothing to say about it.
The general-purpose public figure argument is solid, and supported largely by Vic's depo and the plaintiff's filings - the only thing from Funi's filings are the media articles.
The limited-purpose argument is, always has been, and always will be a slam dunk. But that doesn't stop even Volney from getting some digs in. Ty? Nick? Volney is officially over both of you.
Moving on to the prima facie case section, I'm not sure the section header is strictly accurate. Volney doesn't argue that Ty failed to present a prima facie case for several of the defamation elements; he restricts his argument to "degree of fault."
This is reasonable. There's no doubt that degree of fault is the critical element for the case against Funi - particularly at this stage. Without that element, they're out of the case. And Ty made no real effort to show proof of either malice or, as Volney points out, negligence.
So there's about a 0% chance that the case against Funi continues. That said, I'm slightly surprised that there wasn't more done to argue against "false statement" - it's a weak defamation by implication claim, supported by their investigation.
But not focusing his argument on those elements also means that Judge Chupp probably won't either - plaintiff's filing is so awful that he's going to have to use the defense filings as his primary guide for assessing Vic's case, rather than plaintiff's own work.
As far as TI with contract goes, the heading says it all. There's no actual claim against Funi, just some vague insinuations.
TI with prospective is also poorly handled by Ty's work. This is also stated clearly and effectively.
Volney deals with vicarious liability in the same competent manner, stating the elements (which appear here in writing for possibly the first time in the case) and explaining that there's simply no evidence for either element in the record.
And the remainder is unremarkable - the conspiracy claim doesn't even bother with Ty's crayon-and-string efforts; it just points out that there's no underlying tort.
Thoughts:
As is the case with Marchi, there's not a lot of suspense here - the only real question is the size of the award Vic's going to have to pay.

Simple, no-drama, skilled filing.

/fin
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