Thread by @WhippleMarc

And here we go. Der Maus has arrived. Promises an "interesting stream." I bet.

1) Tonight's stream: HOW VIC CAN STILL WIN.

2) but first: why did he not stream this weekend?

Answer: because he did not have time.

(Aside: Because lying around in a drunken stupor in a TX hotel is not a quick job.)

3) Nick was so frustrated just being in the gallery and unable to participate despite his EXTENSIVE KNOWLEDGE OF THE CASE.

4) It was ENRAGING. EN. RA. GING.

5) Nick has five pages of notes, and then had to stop because it was just so ridiculous.

I could not agree more.

6) You LOSERS trying to predict how he was going to do this show are just that, losers.

First: Nick doesn't think Chupp was biased. He was just very very very very very very very very wrong.

7) So while it was unfair, it was unfair due to INCOMPETENCE, not due to maliciousness.

Second: Contriteness? NOT. HAPPENING.

8) Would Nick recommend Ty again, knowing then what he knows now?

Answer: Absolutely. Ty is more than capable of handling this case. Mistakes were made. But the Beardster is still The Man.

9) Would Nick have said different things? Yes. But he's been on both sides, and it's harder when you're the guy on the hot seat.

Again, Nick and I are in complete accord.

10) Nick isn't here to make you believe him. He's here to tell THE TRUTH. As he sees it. Yes, he has biases. But notes. THE TRUTH. They are coming.

11) Vic can still win. TY can still win. There are three CoA left and they have 99% of the damages in the whole case.

#1? Defamation? STILL ALIVE, baby. And alive against FUNI, which is where the real money is.

12) All of you LawTwitter types self-fellating (Aside: Ladies, stretch real good first, is my advice if you want it.) over their eerily accurate predictions, IN YOUR FACE. DEFAMATION. ALL WE EVER REALLY CARED ABOUT. THE REST WAS ICING. A THIN LAYER OF ICING ON A MASSIVE CAKE.

13) In the meantime, Nick was at an art show making connections, hobnobbing, as people of his level do. First up: a bartender who's going to come on the show and teach Nick to mix drinks.

14) Also a guy who has to remain anonymous, but who is super cool, and will be on the show, possibly broadcasting from a secret island lair, I'm not clear on that part.

15) There was no stream Friday as they didn't get back from celebrating the slightly marred victory until 1:30AM and Nick was in no state to stream.

It scares me how much of what Nick is saying I find totally believable.

16) Nick was late because he hit snooze because he thought the hearing was at 11 and it was actually at 10 and frankly, Vic might have been better of if Nick had been representing him because then the case might have just got dismissed.

17) As Nick walked in Volney was arguing that the Rule 11 agreement didn't allow the 2nd Amended Petition when it CLEARLY DOES NOT SAY "petitions," and the Judge was so, so wrong about this, Nick doesn't understand why he even listened to this twaddle.

18) Nick just said, "The judge said the 2AP was just an end-run around the Rule Agreement and of course, it was, it was just not prohibited because REASONS." He said that. Well the "REASONS" part is paraphrasing, but basically. He said it. 19 minutes in and my flabber is gasted.

19) Petitions are evidence under the TCPA. The Judge was - and this was a problem the whole hearing - confusing prima facie for preponderance of the evidence.

(Aside: it WAS a problem for Ty, to the extent that the judge knew the difference and Ty didn't)

20) All those things Ty talked about that the judge already said he couldn't talk about? That was to SOLIDIFY THE RECORD. Not to defy the judge or, you know, an inability to remember what the Judge had said forty-seven seconds ago.

21) The judge said he wasn't ruling on some stuff. Nick chuckles in his charming, understated way, letting us know that really that was the judge letting TY know that he was in with a chance.

22) Ty's demeanor during the hearing? The JUDGE WAS REFUSING TO APPLY THE LAW, and that would confuse anybody. Right? Right.

23) Some Superchats. Stand by. But first, all you people dunking and predicting? You made a HUGE DEAL about the notary thing. The judge LITERALLY SAID, "Not really interested. Probably going to consider the Fraudulent Affidavits." IN YOUR FACES.

24) This is exactly what Nick means when he says that the judge was making mistakes. Some of them were for the other side, is all. But it's still proof of MISTAKES, which is the important thing.

25) The judge didn't sanction Ty. He didn't even care. (Aside. There's a couple of big "YET"s in there, y'ask me.) And you'd be STUNNED how many lawyers and notaries DON'T EVEN KNOW the rule that Ty so innocently possibly maybe kind of inadvertently violated.

26) Superchatter claims defendants have SHATTERED the anime scene. Nick strongly disagrees. PEOPLE WILL LEARN TO HONOR CONTRACTS.

27) Another Superchatter makes fun of Lemoine's breathing disability. Nick is amused. Surprising no one.

28) JUST ON MONDAY, Chupp was directed to change a ruling by the TX SUPREME COURT? See? SEE? Incompetence.

29) Nick admits that losses are always possible in law. Judges are people - barely - and people make mistakes.

30) Lawsuits deal with a "moving set of facts." Legal Secretary: Aren't facts the parts that *don't* move?

31) Superchatter asks if Ty will appeal. Nick says if he knows Ty, he's already strategizing, but the case is so far from over that it's not predictable that he'll even need to.

32) Superchatter asks if Vic/Ty will have to pay Marchi's fees now that she's completely out on TCPA. Nick, after many words, says, "well the statute says he has to but, you know, it's complicated, he won't get his ACTUAL fees, he'll get reasonable fees, maybe a nickel."

33) It is clearly reversible error, and possibly grounds for flogging, that the judge said Vic was a limited purpose public figure based on the crowd in the courtroom.

34) Soon we will discuss a Motion for Reconsideration, which is the intermediate step between the rulings and the appeals. Which, wow, Nick is hitting some targets tonight. Because that is not, entirely, accurate.

35) Viewer says he's glad he never donated to GFM as apparently they are all going to the deft's and their lawyers. Nick disagrees. Viewer also says BHBH is incompetent. Nick says, well, that's your opinion. Not the most vociferous defense of BHBH, I wonder why.

36) Nick wonders if the judge understood that four DIFFERENT parties were being sued by ONE guy what with his wanting to talk about the defendants individually which is just inexplicable. He probably eliminated Marchi from the case because it was just too complicated a case.

37) It's SO WEIRD that the judge wanted each deft to make their case that the TCPA applied to their cases, because that is just not how Nick would have done it, so, you know, case closed.

38) The judge's choices are strange in that the deft's are supposed to be held to a preponderance of the evidence standard but Ty only to a prima facie case and yet the judge asked Ty, you know, questions?

39) Ty totally had a tabbed binder just like Lemoine's ONLY BETTER, bound in the finest Corinthean leather, but the judge WOULDN'T TAKE IT, because he had the other side's which is unfair and probably reversible error.

40) Nick admonishes the Nicky Mouse Club not to harass Judge Chupp, to the extent that he has any control over the situation, he has no idea who's even doing it. Don't engage or harass the deft's, either.

(Aside: Who is this guy and what has he done with Nick?)

41) Nick's first note on the hearing: "Chupps seems angry." He seemed angry to be there in the first place. Also, he reads while listening. Some people can do that. Nick of course can do that. But the judge? Nick doesn't know. It's a question. Could be good, could be bad.

42) Ty was rattled when the judge threw out the 2AP, but got totally into his groove on Marchi. Ty told the judge damages are presumed from defamation per se. The judge, he wouldn't listen.

43) Then Lemoine noticed Nick and gave him, quote, "The creepiest pedo smile, it will haunt my dreams," end quote.

44) Johnson pulls a BRILLIANT move by pointing to the tweets about hair pulling which Vic DIDN'T DO, and confusing the judge, because he wasn't allowed to argue about the truth of the tweet, and just because Vic said he did before doesn't mean that they aren't STATEMENTS OF FACT.

45) The judge, confused by this bamboozling, asked Ty for more tweets, and things, well, they got a little weird, and the judge just DISMISSES Marchi out of the BLUE, which is WILD. WILD.

46) Johnson's .gif of Vic describing TOUCHING Marchi's hair was so, SO misleading because he didn't PULL her hair which is totally different, but the judge let him do it.

47) The judge asking Ty to produce the tweet and then dismissing Marchi because out of 1500 pages of cra… I mean evidence Ty couldn't find it in TEN SECONDS is just crazy, Nick opines.

48) Did Ty try to argue something the judge had already ruled on? YES HE DID, because the ruling was WRONG, and that's what you DO in the face of INJUSTICE. (Lawyer aside: No, no that is not what you do. That is what TV lawyers do. It works on TV. It does not work not on TV.)

49) Nick says that Marchi definitely is NOT out of this yet, because the dismissal of the defamation claim was so improper that the improperness sensors in Ulan Bator are still out of whack from it.

50) So on the motion to reconsider, let alone the appeal, well, Nick's not making any promises but Marchi better not be spending those fee awards JUST YET.

51) The judge TOTALLY agreed that retweeting the defamatory tweets COULD be defamatory, in theory, which is practically a win.

52) Nick advises us that Lemoine was definitely the worst lawyer in the room, and the judge didn't like him and barely spoke to him, and it was sheer luck that he got ANYTHING dismissed, and he basically lost the defamation case in that courtroom on Friday

53) The judge, by the way, asked for evidence of the conspiracy which HE WOULDN'T LET THEM GET because discovery stay. But that's not the worst part.

54) The WORST part is that he wants evidence of conspiracy from BEFORE THE CONSPIRACY HAPPENED. (Aside: No I don't understand it either.) And also, he used a PoE standard when all we needed was a rational inference from a prima facie showing, because INCOMPETENCE.

55) But - and a LOT of people missed this, not Nick, he's a detail guy - the judge said, "I may not be dismissing some of these counts," which obviously means that he won't dismiss any more counts, may revive some, possibly require the defendants to clean the bathrooms at BHBH.

56) Nick regrets to inform the NMC that profanity and the word "cuck" are blocked by Google Superchat. Alas.

57) Nick, a man of peace and diplomacy, disagrees with assertions that an "unhealable rift" has formed in the anime community. HEALING WILL COME.

58) Besides, there are four parties. FOUR. PARTIES. Who could end this suit at any time but they WOULDN'T, they were just not on board and they have to be on board to heal this rift as well. So if you have rift issues, YOU KNOW WHO TO BLAME.

59) Nick admits that losing sucks, and it kinda sorta might have looked like some losing went on on Friday, so he understands people are upset, but this is just one hearing. Yes, Friday was a garbage day. BUT WE WILL OVERCOME.

60) Legal Secretary: "Yes, it was a bad day for the NMC, but how about Vic? Nick didn't even MENTION that, you know, VIC had a bad day." She may or may not have made a reference to someone being a "narcissistic ass."

61) Friday may have been claimed as a victory by some... but, Nick says with sincerity, whose victory it was IS YET UNDECIDED.

62) Nick wanted Ty to YELL AT THE JUDGE that the tweet he asked for was THE VERY TWEET THAT THE JUDGE HAD JUST ASKED ABOUT EARLIER. But Ty, in his wisdom, may have realized that that might have made the rest of the hearing harder. Strategery, that's what we have here.

63) Nick says that judges have bad days, we all have bad days, we should remember that. And the judge may have done that... because later in the hearing, things CHANGED.

64) Lame viewer insult of @greg_doucette is read and somehow, magically, made even lamer by Nick. He's a talented man, nobody can deny it. Not me, for one.

@greg_doucette 65) Several comments about the judge. Nick is being surprisingly evenhanded, even admitting that judges get bad reviews because they put people in jail.

@greg_doucette 66) Quote from Ty: "Amateurs study tactics, professionals study logistics, which is equivalent to amateurs study cases, professionals study deep pockets," which, I got nothin'.

@greg_doucette Aside: HOW DO I TAKE SOMEONE OUT OF THE REPLYTO LIST JUST BECAUSE I PUT THEIR HANDLE IN THE BODY OF A TWEET?

@greg_doucette 67) Dismissing the TI counts was absolutely reversible error, but if the defamation counts survive, it may be okay to just let them go. Funimation is owned by Sony and Sony has BIG BUCKS, and professionals study deep pockets, AS YOU WILL RECALL.

@greg_doucette Aside: The Windows Twitter App does not have the thing which allows you to remove replytos so far as I can tell.

@greg_doucette 68) Multi-phobic question from viewer about Rial, which Nick chuckles and just says, "You'd have to ask her," which, I hope they do, preferably somewhere she can obliterate them with just a glare.

@greg_doucette 69) Here's the issue with TI and Marchi: VA know that you get verbal agreements when you appear at a con, and oral contracts are totally enforceable (aside: they are) and so Marchi KNEW that there was a specific contract (aside: that's like a six-string inference, so: NO.)

@greg_doucette 70) The Statute of Frauds doesn't apply to oral contracts to appear at a con (aside: it probably doesn't, in fact) so ALL these VA should have known, from their time in law school, about oral contracts being real thing and that Vic had them.

@greg_doucette 71) The evidence tying the TI to the deft's is the conspiracy, says Nick, so if the judge throws out the conspiracy, the TI is gone, that's logical, it's just that he was WRONG TO DO THAT because reasons.

@greg_doucette 72) The pleadings are evidence in a TCPA hearing, Nick says for approximately the forty-seventh time, because it's important and not just because Ty couldn't find any of the required points of evidence in the record.

@greg_doucette 73) We are now going to start Lemoine's part, and Nick needs a drink. I think we all need a drink. Skaal!

@greg_doucette 74) The dumpster fire pic was absolutely real. The judge didn't even WATCH the powerpoint, so Lemoine absolutely BLEW IT. BLEW. IT.

And now we have our first Lemoine imitation. Because hey, it's never too late to mock people with disabilities.

@greg_doucette 75) All the coverage Lemoine drummed up is what made it look like Vic was a public figure, before then, he was just an anonymous, if oddly charismatic, voice actor who made hundreds of thousands of dollars a year making public appearances.

@greg_doucette 76) Lemoine wants to talk about a bunch of irrelevant stuff about Vic's behavior, and even though Ty's brilliant objection was overruled the judge told him to get to the point and you could HEAR the defeat in Lemoine's voice.

77) The judge OBLITERATED Lemoine. Didn't want to hear all his nonsense. Didn't even ask him about the TCPA. Lemoine and Funimation probably didn't even MAKE a case for applying the TCPA. Reversible error? MAYBE.

78) Judges are used to lawyers with disabilities, Chupp was PROBABLY just annoyed with Lemoine's CASE, not his inhuman wheezing. A jury, of course, might not be so noble. Nick's just saying.

79) In fact, the judge probably dismissed Marchi because the case against Rial, Toye and Funi is SO STRONG that he didn't want to get DISTRACTED by her, she's small fry.

80) Ty tried to object to Lemoine's nonsense, but the judge improperly shut him down. When the judge told him to sit down, he did it even though that's not how it's supposed to work. Ty, Master of Judicial Restraint, just rolled with a bad call.

81) The judge was just deciding questions of fact left and right, when these are supposed to GO TO THE JURY. Nick would have yelled more, but Ty made the call to suck it up, preserve the record and avoid being thrown in JAIL for defying the judge.

82) Another WEIRD decision from the judge: "If there's disagreement on the facts, there's no slander." Well, if people disagree on what the facts ARE, obviously one person is LYING ABOUT WHAT HAPPENED and that's defamation. The JURY decides that.

83) But EVEN AFTER SAYING THAT the judge didn't dismiss defamation. Possibly so he could go and research the law of defamation, as judges do when they realize their own incompetence.

84) Coming up: why all the TI counts were dismissed. I am all on tenterhooks.

85) Viewer asks if it's normal for judges to make snarky comments. Nick says sometimes. (Yeeeeeeeeah, he's hit another one again.)

86) Nick wants to have one of the LawTwitter people who was at the hearing on, even though they made fun of his clothes, because he's the bigger man like that.

87) Question about contingency fees. Nick says that's between Vic and Ty. (Aside: This is only slightly less important a question than me worrying about whether I'll be dressed warm enough if aliens teleport me to the top of Mount Everest.)

88) Chupp, in his wrongness, said that since the contract was "fixed" there was no TI, but Nick would have pointed out that the contract was BREACHED AND VOID. Ty, though, had Strategic Reasons for not doing so.

89) Nick wanted Ty to point out that, as every 1L knows, renegotiating a contract is really voiding the old contract and making a new one. (Aside: that's quite true, sorta, but this is a thin reed.)

90) There were MATERIAL CHANGES to the contract and that caused DAMAGES. We don't know how MUCH, but that's totally damaging. We learn the rest IN COURT.

91) The fact that the judge dismissed the TI because there weren't ENOUGH damages has blown Nick's mind. BLOWN IT.

92) A single PEPPERC... I mean, a single PENNY of damages is enough. And merely ALLEGING that that penny was lost totally meets the TCPA's requirements. CASE. CLOSED.

93) So now Ty, driven to near madness by the judge's constant wrongness, visible from space you'll recall, takes off the Mask of Niceness and unleashes Hell upon the court.

94) The TI, both WC and PA, survives on the KamehaCon affidavit ALONE. ALL BY ITSELF. IT'S ENOUGH. IT'S MORE THAN ENOUGH. IT COULD BE USED AS AVIL, IT'S THAT SOLID.

95) The judge, now dealing with Fierce Ty, is taken aback.

96) Legal Secretary appears to have been lulled nearly to sleep by Nick's dulcet tones. It's a hazard.

97) Ty now brings up the FLAGRANT abuse of discovery. The judge mentions affidavits, which is ridiculous because these cons are HOSTILE to Vic now, MAINLY BECAUSE THE DEFANDANTS HAVE BEEN DEFAMING HIM ALL ABOUT THE COUNTRYSIDE.

98) The judge, continuing his fumbling, ignored the discovery abuse problem. Nick, he is befuddled.

99) Ty has MORE EVIDENCE. It will out. IT WILL. Not that it's necessary. The record supports EVERYTHING.

100) Nick, student of human nature, realizes that it's only natural for people to be mad at a lawyer who loses a hearing. It's okay. He understands. He doesn't judge you. He just wants you to be better.

101) Nick has no notes on Lemoine getting people out of the TI because the judge did it OF HIS OWN ACCORD. At one point, the judge asked Lemoine if he was listening and Lemoine JUST KEPT TALKING.

102) Nick hopes Lemoine stays in, because he's just terrible. He has no court presence. He talks funny. The judge doesn't like him. He probably smells bad.

103) The PowerPoint Volney put up was an OUTRIGHT MISREPRESENTATION and he deserves, quote, "A nut shot for that one." LIES, ALL LIES.

104) Volney's accusations that Ty did no discovery or found out no facts were such LIES. There is a DISCOVERY STAY, it's IMPOSSIBLE. CASE. CLOSED

105) The judge ACKNOWLEGED that Funi's tweets COULD have been damaging. And it was defamation per se so Ty doesn't even NEED to show damages. SO THERE.

106) What if... Nick is just speculating.. what if THE HR PERSON AT FUNI WAS IN ON THE WHOLE CAPER? Suuuuuuure would explain a lot of things, Nick muses.

107) Just because Vic says *he's* an IC and he does the same job as Rial and she says she's not an employee doesn't mean she isn't an employee.

108) If Funi had resisted their SocJus BLATHER in association with firing Vic, like Rooster Teeth did, they wouldn't be a defendant now.

109) Nick agrees that the TI doesn't stand without the conspiracy, he just is boggled that anybody could doubt that there was a conspiracy.

110) Later in the hearing, the judge wasn't dismissing so many counts, so obviously he realized that he was being unreasonable. (Aside: there wasn't MUCH LEFT at that point.)

111) Nick reminds us, again, that the judge could have been having a bad week, he got reversed, he had another hearing later. But later... later he might be more reasonable. We'll see.

112) Nick is getting kind of repetitive and I haven't had a lot of sleep this week so the tweets will probably slow down a bit. Right now discussing PoE vs PF, again, more, the fun just don't stop.

113) Anyway: So WHAT'S NEXT? (SO EXCITING.)

114) We have to wait for the written orders. Anything could happen. ANY. THING. But then we'll know where we are going forward. They are a CLUE as to what happens next.

115) A Motion to Reconsider is on the table. So on the table. It has a nice doily and a glass cover, it's so there.

116) Nick is not going to pretend to be an expert on whether interlocutory appeals are going to be appropriate. (Aside: Wise.) But there are appeals. Multiple kinds of appeals. Options, Ty is practically drowning in them, really.

117) Nick agrees with a viewer that the Judges of Tomorrow will be horrible, what with all this SocJus nonsense they're marinated in all the time.

118) Nick doesn't care if people dance on his grave, or Ty's grave, because those people said the defamation claims would ALL GO AWAY AT THE HEARING, and they didn't, SO THERE.

119) The new lawyer is CO-COUNSEL, and a local lawyer who's appeared many times in Chupp's court. He's totally not a replacement. Nick likes him, seems competent. Looking forward to watching him join Team Tired Of Winning.

120) GoFundMe is being ridiculous about Nick's plan to send knives to random people all over the word as part of the fundraiser. Inexplicable.

121) The PowerPoints were all part of the snowjob, sayeth Nick.

122) Nick's going to talk about the Dallas Morning News article tomorrow, he hasn't finished it, although he's amused by the deft's switch from Blustering Desperation in the courtroom to Fake Crying at picture time. SO FAKE.

123) Repeating: Yes, this looks like a loss, but all the losses were due to judicial incompetence, so, in the words of a great scholar, NOTHING IS OVER UNTIL WE SAY IT IS.

124) Analogy to Anime: Heroes in anime get beat up all the time BUT IT JUST MAKES THEM STRONGER.

There's a lot going on here. A lot could still happen. We'll see.

125) Analogy to Voice Actors: If a VA is trying to read lines, from a script that's set, and the director suddenly told them that those were all the wrong lines, so wrong, that's just like why Ty was so flustered on Friday.

126) Nick is here to educate and entertain. That's it. That's what he does. If you don't think he's doing it, tell him. HE HAS SO MUCH TO GIVE.

127) Nick will be on Twitch tonight. As usual I will not.

128) Main show over. Now reviewing superchats.

129) I still can't believe that people pay him for this. I feel like a chump, not gonna lie.

130) Superchatter prompts Nick to say, again, that the judge just doesn't seem to understand what defamation is. Maybe he should ask LawTwitter, laughs Nick.

131) Tempest Kee… Nick means, the hearing was only a setback.

132) I don't want to know what that chant just then was about. It felt... basementdwellery.

133) Q: Does Ty know he screwed up?
A: He didn't really screw up but okay, maybe he made a few missteps. He's aware of that.

134) Nick doesn't care about LawTwitter. also @popehat is a "giant vagina and a cuck," which, this surprises no one.

@Popehat 135) Nick homeschools his kids but puts them in a lot of activities to socialize them and knowing that Nick homeschools his kids so, so does not surprise me

@Popehat 136) Nick thinks that Ty might be helped by the NMC in visualizing success or something, not really clear on that bit.

@Popehat 137) A viewer mentions "Vito," and how he may have inside info. Nick does not know who Vito is and it' disturbing him.

@Popehat 138) Glitch in the stream several seconds of material lost, saying brief prayer of thanks.

@Popehat 139) Just had what I think was some kind of vision. There was a train. It was weird. Nick may be some kind of wizard.

@Popehat 140) Did you get any grief from the LawTwitter people at the hearing? A: Oh, they wee NOT happy to see me.

@Popehat 141) q: will Marchi be able to take her payment from the GFM?

Nick, in a rare moment of honesty: I doubt there'll be any money left in the GM by the time she gets her ruling and we appeal.

@Popehat 142) I can't listen to the same things over and over and over again without being paid, and I think that we've about defurred this feline. Off to read replies.

143) It's still on, if he says anything amusing I will hear it, but its the same things everybody has been saying he's saying.

144) Nick makes clear that Ty learned a lot about the judge and in future interaction, he'll be ALL OVER THINGS.

145) A lot of people are hating on Nick's court sneakers. It worked. You all fell for it. It was a trap to detect SNOBS, and it worked perfectly.

146) Outro playing. End is in sight. Nick is exhausted because he GIVES SO MUCH.

Good night, everybody.