Let's knock out the last of the transcript from the TCPA hearing. Why not. It's a beautiful evening. I could doing so many other things - but how can I stop watching when there are so many train cars flying through the air?
Of the two, only the second could even remotely carry a defamatory meaning - but I'm sure we'll get there shortly.
However, there may be a number of reasons for his approach, so take that as an observation, not a criticism.
(Also, how many times has Ty the SEO expert done stuff that puts "Vic" and "pedo" in 1 sentence?)
The petition is supposed to provide reasonable notice as to the claims - nothing in there, as far as I can tell, indicates that this is the plaintiff's theory. Nor does anything in anything else that they've filed hint that this is their theory.
I'd expect a good lawyer to know the whole case, including anything that might come in. I'd expect the same of a bad lawyer. I'd expect it of a moot court competitor, and I'd expect it of a 2nd semester 1L.
But Ty isn't really any of those things. He's sui generis.
(1) good initiative.
(2) don't ever let me hear you use the phrase "my own opinion" during an argument or practice. It won't end well.
And it's an irrational inference anyway. Again.
(1) I don't think there was oral argument on TI for Funi. It was still dismissed. That's not an issue - the lack of evidence in the papers more than sufficiently supports that course of action.