, 206 tweets, 65 min read Read on Twitter
Usually you try to get a Twitter account suspended *before* it can point out how badly your lawyer completely flubbed his make-or-break hearing that led to 12 of your 17 causes of action getting immediately dismissed 🤔
If y'all could kindly encourage folks to come follow @fsckemall for the next week, it would be appreciated 😂

An appeal's pending, but we know how those things go. Coordinated false-flagging works and Twitter does jack diddly about it
Also, we made some changes since last time so Mike doesn't have to monitor emails or pretend he understands social media because he's my age but still somehow a boomer
Nah Mike's on Twitter vacation. He kept muttering about this place being a hellsite and said it was the worst 48 hours of his career 🤣

It's extra-funny because they dug to find a tweet from *2 days ago* to coordinate a mass false-report this morning 🤣

Screech is undoubtedly quite chafed by Percy's performance, and doesn't want us pointing out how R.Broly's case has 0 chance on appeal

I suppose we should thank them for the +15% boost in followers from the past week though? 🤔🤣

Crazy that a backup account can get more views than a livescreech 🙃
It's the first hashtag. Can't see who it's in response to because Twitter deleted the embedded tweet

That just means you can do a correction tweet, and more people see it 😉

I'd let him handle it but he was *really* and truly annoyed after last time

I'm not even mad, they got totally rekt yesterday. Surprised more of them aren't contemplating how they can go on with their lives tbh

It would be a bimodal bet: either Monday, or October 7th

He either writes up a ruling over the weekend because he wants this over with, or waits until the standard deadline (I'm leaning toward the latter)

Vic Mignogna is the R. Kelly of Anime

Percy is Ty Beard's first name that he never uses because he has to sound like a Big Bad Alpha

Based on his confession to notary fraud in open court, Percy is the Jacob Wohl of Larry Klaymans

I just love the glimmer of hope that things will be better on appeal 🤣

Not only will an appeal end in the same result, it will cost more money in fees and sanctions, *and* lead to a published opinion where Vic Mignogna's perving is memorialized forever

We will likely have to wait awhile, transcript cost is $1,170 and idk if our Super Lawyer Cabal is parting with that much $$$ for it. Still TBD

$1,170 to order. I don't think it's gonna happen lol

Same 🤣 There was much "😮"-ing in the Super Lawyer Cabal Super Secret Super Forum when we got the news

*And* a lot of those arguments got waived entirely because Percy never attempted to make them (TCPA constitutionality, rebutting CDA §230 immunity, etc)

Idk if a GFM would work while my main account is suspended

Will do a poll in the next tweet

Ordering the transcript of yesterday's hearing in Mignogna v. Funimation et al is $1,170

If we set up a GoFundMe for it, would you chip in $5?
It's a combination of things. Typing up verbatim transcripts is tedious, court reporters know copies will get shared around so they need to price accordingly, etc

For a not-quite-four-hour hearing, the price is high but not obscene relative to NC

It's a fixed per-page rate. They estimate transcript length based on hearing length and price it that way.

In unrelated news, make sure to thank the trolls for us: we crossed 4K followers for the first time after having the account for 2+ years now 🤣
Not sure about Texas, but most cases here don't get a transcript unless a party orders one

The last 30 seconds had me snort-laughing omg 🤣🤣🤣

Vic Mignogna and his bad of LOLyers got blown tf out in court yesterday

Definitely typo, but I'm leaving it in 🤣

And adding a screenshot again

Poll results are sufficiently lopsided that I'll set it up after my 2pm meeting

Transcript, then a portion of any surplus should reimburse @shane_holmberg for buying the docs from ReSearchTX

And I think it would be fitting if the rest went to RAINN 🤔

Y'ALL, THE CONVICS ARE TRYING TO HARASS THE JUDGE ON HIS FACEBOOK PAGE! 🤣🤣🤣

facebook.com/pg/judgejohnpc…
Someone make sure @SharonFGrigsby and @M_F_Rose see that prior tweet plz? Or the one that had all the screenshots?

This sort of insanity – threatening a judge on social media 🤦‍♂️ – needs to be memorialized
Speaking of Ms. Grigsby, look what's on the front page of today's Metro section! 🙃
No context will be provided here. Just trust me when I say you should scroll allllllll the way up to the start of this thread, then read down

Gotta admit, we have a *lot* more fun than Team Brainworms 😉

How is TUGgy this dumb? 🤔

🤣😂🤣😂🤣
I can't see the embedded tweet, what does it say?

Nope. Ineffective Assistance of Counsel is almost-exclusively a criminal law concept. For civil cases, you get to pick your own lawyer and whether/when to sue, so the consequences are on you.

This is really dumb. There's no false objectively verifiable statement of fact anywhere in here 🤣 Of course TUGgy et al think it's important

"Couldn't happen at a better time"

The honesty here reveals a *lot* 🤣🤣🤣

It looks like this guy's post got deleted and his account suspended. Thoughts and prayers.

Yep. I tweeted that hashtag garden tools were mad

But without the E it's just "hos," which is a nickname for a horse 🤔

My greatest professional accomplishment will be other people adopting use of "Percy" and "Screech" 🤣🤣

Just finished listening, I enjoyed it!

I also love that folks thought the scorecard was helpful! 😆
Particularly enjoyed the rant at the very end, "good f*cking riddance" made me smile 😂 well done 👊

Appellate courts break their opinions into "unpublished" & "published"

Unpublished means it's like a trial court judgment: it exists, you can read it, but not precedent

Published means it's rulings are binding on lower court cases w/ similar facts

1/
Published appellate opinions not only get released by the appellate court, but also get compiled into books called "reporters" that are shared allllllllllllll over the country, and entered into legal databases like WestLaw, LexisNexis, FastCase, CaseText, etc

2/
@misterdaveytoo
So if R.Broly decides to appeal, his predatory sexcapades – and Percy's incompetence – will be described in detail in a court opinion shared globally for all time

3/3
@misterdaveytoo
I think the procedural posture is so f*cked that an appellate panel would definitely do a published opinion on it, even if the issues of law aren't novel

The fun part about the preemptive CHUD blocking last week is that it's easy to see the new sockpuppets with their September 2019 creation dates...

...and then instablock them too, while they whine to their 0 followers 🤣😂🤣😂🤣
Very normal people

The CHUD who said the fire was because of this LOLsuit was the one who sent me a pic of his sword threatening to kill me

(-‸ლ)

At least it's somewhat comforting to know that this guy's Facebook posts are just as gibberish as his tweets? 🤣

I doubt anything happens. The judge seems competent enough to ignore it, and if he ignores it a Tarrant County prosecutor never finds out about it

Got some @'s and DMs from folks who are concerned about the "Judge Chupp didn't understand the TCPA hearing" talking point

I'd encourage to closely read each screenshot here, and ponder the source of that legal wisdom

The Plaintiff at a TCPA hearing has to produce evidence that is "clear and SPECIFIC" (emphasis added)

As @questauthority and others have explained, the Texas Supreme Court ruling in In Re Lipsky held that requires more than just the notice pleading of identifying cons
Had Percy included *specific* contract details ("my client had a contract with BillyBobCon, signed by Cousin Pookie on February 29th, for $X000") he'd have had a shot

But Percy is lazy, and incompetent. And Screech doesn't understand the law. So none of that work was done.
So, if you happen to be someone who believes Vic Mignogna – the R. Kelly of Anime – is a sexual predator and pedophile who is getting what he deserved, I'll say this: "let not your hearts be troubled"

There is a 0% chance Judge Chupp's rulings are overturned on appeal
Same reason they were able to get the affidavits they *did* submit: the discovery stay just prevents you from force-extracting info from unwilling parties

Nothing stopped him from asking nicely, or submitting what they already had, or asking the court

1/
Remember, @TXantislapplaw filed a motion for leave to conduct discovery. Percy could have *easily* agreed to that and used the opportunity to get contracts from cons

But he opposed it, b/c it meant Screech would get deposed

2/2
@thatdalglishguy
EXACTLY

I've been trying to explain that Nick Rekieta is dumber than a bucketful of used condoms when it comes to the law. And folks don't believe me!

I was; valedictorian of my law school class and a good friend

That was the case we settled in the 20-hour mediation I mentioned a few weeks back

The Threadnought may continue on appeal. Though likely on a less-frequently-updated capacity if so 😂

And we know they're gonna appeal, they have to: Screech has now sold them on the idea it was the *judge's* fault they lost, and not that Vic Mignogna is a sexual predator and pedophile

If they don't appeal, they admit to their fans that he is
True. Especially when Texas has pre-litigation discovery

But Ty Beard doesn't 👏 know 👏 what 👏 he's 👏 doing 👏

Basically just piling a bunch of cash into a pyramid and setting it on fire, Joker-style

Vic Mignogna ends up owing the Defendants for their appellate court costs and their appellate attorney fees

They'll just raise the target on the GriftForMe account, and the weebs will gladly fork over their allowance money

I have no idea how much appellate attorneys cost in Texas

@NC_CyberLaw, you do appellate work: can you offer a guesstimate?

Joked with @TXantislapplaw quite a bit months ago now about the fact Percy hadn't tried to depose a single person at Funimation

Catastrophic error by inept LOLyer who'd never litigated a case before this one

Basically, yes. It also would help if there were any external evidence to back it up (social media announcements of Vic's attendance, etc)

Oral contracts are enforceable in most states except for a small subset governed by a "Statute of Frauds"

A Statute of Frauds requires the applicable contract to be in a writing signed by the person against whom you're trying to enforce it

2/
@kvanh
And since we're talking about Vic Mignogna – the R. Kelly of Anime – you can remember the types of contracts affected by a Statute of Frauds with the acronym MYLEGS

3/
@kvanh
Statutes of Frauds generally affect contracts about:

➡️ Marriage (prenups)
➡️ A term requiring more than 1 Year to complete (e.g. leases)
➡️ Land
➡️ Executorship of an estate
➡️ Sale of Goods over $500 USD
➡️ Being a Surety / guarantor

4/
@kvanh
So if a contract is between MYLEGS, it requires a signed writing to be enforceable

Otherwise, an oral contract is fine but you better have all the details known if you want to sue on them

5/5
@kvanh
Yep. Also should note that not all states have all aspects of a MYLEGS Statute of Fraud – for example, in NC we don't have the term-of-years provision at all so you can have a multi-year oral contract (though still a bad idea)

Something something dogs fleas etc etc

My sympathy for Vic Mignogna is limited solely to the fact that even sexual predators and pedophiles deserve competent attorneys

I know, the SoF tangent was rooted in Screech's insistence that these were "handshake agreements" and so proving their existence is hard

My point was proving the existence of an oral contract happens in courtrooms all over the country every day

(-‸ლ)

I'm torn between lamenting their stupidity and wanting to egg on the idea that Screech was helping the defense 🤣

Agreed. And not fraudulently notarizing it then withdrawing the affidavit in a panic because he committed #LOLcrimes

Yep. We've been *miles* ahead of Screech on literally everything since the beginning

To be entirely honest, most of non-law Twitter has been miles ahead of him too

Nah. The degree of "faking it" required, for months on end, is simply too much work for Percy to put in.

He was/is just in way over his head, new to litigation, and exceptionally dumb.

Good luck funding this project after he's done paying for the Defendants' attorneys fees, court costs, and sanctions 🙃

Special locks installed in one of the studios to stop Vic Mignogna from being a sexual predator toward other VAs

Still locked out. No updates from Twitter. They get to it when they get to it.

Just hope I'm back by Friday because otherwise it's gonna be a b*tch trying to do this fundraiser ☹️
I love that they can't spell "incompetent" right

I think I'm going to ask the Boys & Girls Club to let us fundraise specifically for their literacy program 🤔 We'll do it in honor of the CHUDlet grifters who are Very Not Mad about Friday's hearing
I'll save the gloating until my main account is back online ☺️

The ecosystem of grifters is *SO FASCINATING* 🤣

I guess count me as one of them for the $1K we raised for me to apply to the Texas Bar, but f*ckin' yikes

Percy's greatest professional accomplishment tbqh

Mandatory under the TCPA. Prevailing Defendants get a judgment against Plaintiff for their attorney fees and court costs, plus sanctions in an amount sufficient to deter future SLAPPs

Between the jokes and the anime intro and the poetry and the dramatic reading, y'all have brought me a totally absurd amount of joy this weekend 🤣🤣🤣

I f*ckin' love happy warriors 👊
I again direct everyone to my tweet from this morning 😉

Nick Rekieta does *not* understand basic legal concepts. I don't know if that's because he never learned them, or he forgot them, or he's faking it for an audience.

But his legal analysis is shit.

This is the tweet I'm referring to in the previous tweet

Nick Rekieta does not grasp the fundamentals. Thinking he has the slightest clue what he's talking about now is LOLable.

Gotta head to bed because of court in the morning, but I just want to point out we only had 3,299 followers here before the CHUDs got @greg_doucette suspended last Friday night

Now... 🙃
And here's the recap from @LawCatDad

Both of these guys deserve hazard LOLbux for taking that bullet for the rest of us 🤣

He's apparently never heard of the Parol Evidence Rule? 🤣

(Yes, that's "parol" – no E like parole)

The Twitter gods have decreed that I may have access to the DMs of my followers, but that's it until this coming weekend

So the party will, of course, continue here and on the assorted side ships until then 🙃
Got this in my DMs. Check out the last paragraph 🤣
Also got this in the DMs too
🤣😂🤣😂🤣
The "you get your DMs back" was after 1st level review. Idk if that's human or still automated

The particular person you're responding to is blocked, but he sounds exceptionally dumb

Infinite reservoirs of patience and finding joy in the LOLetry

Haven't done that on my main account yet. I've preferred embarrassing the sh*t out of the morons

Alright, real talk: the Salvation Army Boys & Girls Club of Durham fundraiser we were going to do last Friday got bumped to this Friday b/c of the Hurricane and Percy's shenanigans...

...but I'm locked out of my account until next Monday

Can I get RT commitments from y'all? 😬
It is. The Boys & Girls Club is an autonomous group, but they share a building, support staff, etc

I'll let you know when I have all the details, we're figuring out workarounds and such today

It's incredibly stupid. But hey, at least conVics got to punish ::checks notes:: totally unrelated kids because someone said mean things about their Head Kiddie Diddler!

No worries. We do enough of these a year that it won't hurt my feelings if anyone decides to take a pass this time 😉

Correct. I said, on multiple occasions, 5% chance at best for pre-October 7th dismissals

Aiming for tomorrow. Just posted an update to the donors about 15min ago

It's pretty normal in my experience, I can count on one hand the number of transcripts I've been able to send digital payment for

They've almost certainly already started the transcription though, so once they've got the check it's quick

Literally no one in The Wire is that inept

You know what I just realized while sitting in court today?

My client's case hasn't been dismissed 🙃
Not sure there's a way to do it at scale without spending money they don't have on personnel

Now that I've got DM access, I've cleared everyone who got caught up in the block chain by mistake

If y'all don't mind, please RT the below tweet in case other folks missed it

⬇️⬇️⬇️
Has that guy managed to go a full 24 hours without tweeting about me? 🤣

He also doesn't seem to understand what the Sharpe case is about...

Does R.Broly have the sense to raise that concern though?

I'm skeptical

That just means he's better at managing documentation than Percy

That's just a small selection of course: all the post-6/6 tweets from @greg_doucette that mention "the bench," and a trio of several dozen that say the ruling will be October 7th

Any conVics who tell you I thought it would be dismissed on the spot 9/6 are lying to you 🙃
So I'm told this account is Lisa Hansell, the "Vic Whisperer"?

Sure sounds like she's saying R.Broly is aware of and approves of the Kiwi Farms' involvement in systematically doxxing and harassing people...

Could this be useful to @marchimark's attorney or @TXantislapplaw? 🤔
Also makes you wonder why R.Broly is getting info about the progress of his LOLsuit from his Whisperer instead of his LOLyers... 🙃
I'll defer to the folks who track those things, but first Threadnought mention was Day 17 more than 3 months ago

Chuck is someone who wants to be the center of attention above everything else. If you look at what he's said and done with that in mind, it all makes sense

I stand by this prediction

You'll notice the TCPA rulings haven't been released yet, so if you're trying to argue I was wrong here you're quite mistaken

Taking it upon himself to try and broker a compromise, that email statement he drafted with no input from anyone, him styling himself as @marchimark's and @Rialisms's "agent" in the email, his studious bothsidesism in his affidavit, the list goes on

I had no idea who Vic Mignogna was until Percy Tyrone Beard sent those hilarious "my client is not fecal matter" and "blaspheming Jesus is defamatory" TDMA letters

Then @sadogre asked what I thought about the case and here we are

Random thought: anyone know where they can get their hands on this KiwiFarms user data?

If you were one of the people doxxed by someone on the farms, having an identity would make it easier to know who to sue for IIED... 🤔
🤡: "FuNiMaTiOn Is SoO iN tRoUbLe! ToEi Is GoNnA tAkE aWaY tHeIr DrAgOnBaLl LiCeNsE!"

Toei: "Here, Funimation, have a fresh license to one of our most successful products."

ign.com/articles/2019/…
The fun part about all this is that, even if Vic Mignogna wasn't a public figure before (which - let's be honest – he was), he *definitely* is now 🙃

The Streisand-Mignogna Effect strikes again!
A Good Samaritan furnished it to me ☺️ I'll see if I can find a suitable host when I'm back at the laptop

Nah, not in a tort capacity. We're saving that for the omnibus complaint to the State Bar once this is all over 🙃

We are 😬

Small part of me toyed with the idea of sending him a single bullet via FedEx when we file it, but then I thought that would be overkill

Totally shocked (shocked!) a guy with his own reputation of sexually harassing women would tweet out the location of one of Vic Mignogna's victims, then try to protect himself from liability with a "but don't do anything bad ::wink wink::"

Pathetic.

Not a smart thing for a witness to tweet at all

Probably assume that's what the sex offender registry is for... 🙃

Yes

"Here's when and where you can harass this victim! But don't. Lulz." is rather incongruous with being "I'm such a great reader of females I would totally notice when one was in distress! Lulz."

Oh I'm definitely accusing Vic Mignogna of being a pedophile. Because he is.

I don't speak for a hashtag though.

I didn't listen to the clip, because there's a pretty simple reason why Screech is wrong

Here's a screenshot of the contract contained in Percy's TCPA response; where's the "writing signed by Guest and SilvrFire" w/ these added costs & security measures?

When you have a written document signed by both parties that contains a NOM clause ("no oral modifications"), you can't pretend via affidavit that the contract was altered unless you actually produce the written alteration

Screech doesn't understand evidence

@jmkacc
That's why the TIC claim was tossed before ever getting into the justification defense (which would have re-tossed it again)

And the TIPBR claim is even worse: getting less-favorable terms on a future contract doesn't count at all

See, e.g., casetext.com/case/us-enerco…

@jmkacc
TL;DR: no amount of rationalization is going to make Vic Mignogna's case any less dismissed

A Motion to Reconsider will fail

An appeal will fail

You heard it here first

@jmkacc
Correct: they either fail for not producing the alteration on the old contract, or fail for not producing a "new" contract instead

All before failing because of the justification defense

The Percy-Screech Method of LOLyering is just recursive fails tbh

The specific form doesn't matter, it just has to be signed. Could be an email that's printed and signed or signed digitally, a separate addendum referencing the contract, or just some hand-written notes on a napkin

The keys are 1️⃣ written and 2️⃣ signed

Had Percy and Screech listened to LawTwitter, there's a nonzero chance they could've navigated this case past the TCPA

But that would require humility and acknowledging they're morons

Aussies are weird 🤣 Here you'll likely get a cite to Williston on Contracts holding that the words on the document are controlling and all parol evidence to the contrary must be excluded

(Unless you're dealing with the sale of goods, at which point you'll get a cite to Corbin on Contracts and arguing that all evidence should be admitted to determine the parties' intent)
@Tylerjswolff
I tweeted "Hoes[-with-an-E] Mad"

That is, apparently, hateful conduct

Yep. They denied my appeal but gave me access to my DMs

It is

I'm skeptical the rumors are true until I see source documents or hear a confession. It's still hard to think they could be that dumb

I could totally see Percy being that dumb, but Screech strikes me as having sufficient self-preservation instincts to avoid committing #LOLcrimes

Yeah we know Screech is a trust fund baby, we covered that back around Day 56:

The question is who is the trustee managing it? 🤔

You should ask him why he actually got blocked, and why he felt compelled to change his @ so soon afterward 🙃

True. But it would seem to open Screech up to a negligent referral claim if the only reason he had Vic hire Percy was as a reward to Percy for being his trust fund sugar daddy

Outside my skill set I'm afraid, I come from a poor family. My grandparents' only asset is the house they're living in

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