, 1066 tweets, 335 min read Read on Twitter
Really too bad yesterday's ANN article totally debunked the "casting couch" rumors

Poor conVics are gonna take across-the-board Ls on everything 🙃

First loss was yesterday (denying one of their Motions to Strike), main hearing is tomorrow, ruling is on or before October 7

ConVics know the loss is coming so they're more mad than usual

It would be incredibly tragic if YouTube started demonetizing Screech, TUGgy, Piss Flash, and all the other conVic grifters 🤣🤣🤣

You definitely should *not* report their videos 🙃

(For the record, I don't think any conVics are actually being censored or demonetized. This reeks of the sort of "LOOK AT MEEEEE" grifting that groups did about Facebook.)
Is that... is that a pair of signatures that match identically?

With a "tor" in the BlackJack font just typed in??

Did Ty Beard of Beard Harris Bullock Hughes just copy/paste R.Broly's signature???

#LOLcrimes #ShearTheBeard

For those unfamiliar with the BlackJack font, here's a screenshot

Looks an awful lot like #LOLcrimes to me... 🧐

Someone in my DMs sent me someone else's tweet, mentioning that the biggest frequency of notary fraud tends to happen with estates work – Percy's forté

Now I can't find it amid the 💩

Anyone seen that tweet & able to send it to me so we can formally add it to The Threadnought?
Photoshop overlay confirms they're exactly identical, except for whoever was dumb enough to pick a font and type in "tor"

Seems like something a young, tech-savvy person would do. So do we think this was done by Screech? One of Beard's daughters? 🤔

#LOLcrimes #ShearTheBeard
Here's the estate law tweet that I got DM'd

I think it was the aliasing that First tipped off attorneys that the notaries were fraudulently done – but none of us thought Ty Beard's team would then go in and *fake the signature* before falsely notarizing it 😱

#LOLcrimes #ShearTheBeard

The accusations against Chris Sabat were also debunked: animenewsnetwork.com/interest/2019-…

Try again. Do better.

I don't know if he also does video games, but definitely the anime pedo, yes. We've dubbed him "R. Broly" because he's the R. Kelly of Anime

HOLY SH*T THEY SUBPOENAED VIC MIGNOGNA FOR THE HEARING! 😱

I bet Defendants are gonna put him on the stand to ask about where he was and his signature... 🤣🤣🤣

Another fantastic addition 🤣😂🤣

Finished with court a few hours ago 😉

If you look around the signature in the notarized affidavit, you notice a faint "cloud" of light gray pixels. Those are aliasing artifacts resulting from JPG compression

So @Emm_Initiative had a variant of this saved for tomorrow, but in light of the BlackJack "tor" fake signature controversy, we're rolling out the new Twitter banner early 🤣

As always, he takes $3 coffees via ko-fi.com/tetrisblock
Quote me where I said Vic is "a convicted pedo"

A link to any tweet will do

THERE ARE SO MANY

I couldn't possibly list all the key players because it would mean leaving other key players out inadvertently

No

Calling someone a pedophile in the context of Twitter is not an objective statement of verifiable fact; it's an insult, "rhetorical hyperbole," that is not actionable

See, e.g., Letter Carriers v. Austin, 418 U.S. 264 (1974)

Alllllll the money in the world won't get you past a Rule 12(b)(6) motion in a defamation lawsuit against me 🙃

Quite literally never seen it happen

1️⃣ Percy has neither the money nor the testicles to sue me; he'll be lucky if he doesn't end up disbarred

2️⃣ R.Broly won't have the money to sue me either after he gets hit with this award for attorney fees and sanctions

3️⃣ You're broke

Oh Vic Mignogna is definitely a *well-documented* pedophile. We've had videos, photos, and affidavits shared right here in the Threadnought!

But you said "convicted." Where did I ever say he was "convicted"?

The Super Secret Super Lawyers have been coordinating among ourselves in the Super Secret Super Lawyers Forum to try and get y'all transcripts by the weekend

Dallas Morning News has a balanced summary of the general lawsuit: dallasnews.com/news/courts/20…

Attorney @tznkai has a summary of why LawTwitter got involved:

Anime News Network has a summary of the past week: animenewsnetwork.com/interest/2019-…

Claiming "attorney-client privilege!" and "work product doctrine!" is basically an admission that Ty Beard f*cked up royally

Privilege doesn't attach to crimes / frauds. And even if it did, "I'm gonna forge your name then notarize it" isn't legal advice

Yep

That's why Percy doesn't want R.Broly at the hearing. It'd either mean one commits perjury or the other gets outed for #LOLcrimes

This is precisely right. Lemoine gave Percy an *easy* opportunity to dunk on him, just to see how Percy would react.

Percy reacted like someone who's concerned they've been caught committing crimes.

#LOLcrimes #ShearTheBeard

That would be the tactically smart play

These are not, however, smart people

This limp Motion to Quash is just so damn funny to me 😂

Think about it: pre-motion, Percy could have no-showed at the hearing and let the new guy argue it, attacking Lemoine for making baseless accusations he can't prove

Now? Lemoine's response can just be "where's Vic?" 🤣🤣
I've also just been informed that Day 100 of the Threadnought will be...

::drumroll::

::eerie pause::

::ghost sounds::

...on Friday the 13th 😱😱😱
Hearing starts at 10:00am Central Daylight Time tomorrow

Speculation is that attorney @LawoftheGame may be in the room to offer his thoughts in real-time

Two independent attorneys in the room!

AND WE HAVE A TWITTER LIST TO EASILY FOLLOW THEM!

Y'all are amazing 🥰 I can't explain how cool it is having decentralized crowd-sourced resources like this

K where's the word "convicted"? Highlight it for me

Or he's flying to California to be in the pajama party with R.Broly

Yep 🤣 I'm waiting on @questauthority to finish his side-by-side before RTing

K, where's the "convicted"?

Highlight it for us

Bruh

No, the tweet's definitely still up. Here's the URL in case you want to archive it:

Where's the "convicted" tho?

I mean this is all really simply:

1️⃣ What does it mean for a thing to be "documented"?

2️⃣ How about when it's then "well-" documented?

3️⃣ Now what does it mean for a person to be "convicted"?

4️⃣ Are the answers in 2️⃣ and 3️⃣ the same? If so, why?

(-‸ლ)
I wonder how long it will take for them to realize there won't be a Round 2

He definitely was. Met him at a basketball game near the end of his first season, hung out with him for about 20 minutes. Fantastic guy, every bit as genuine as he seems

I knoooooowww

I can't wait for this to be over so I can block them all and go back to dealing with MAGAts and bootlickers 😂

Narrator: "They did not, in fact, get that."

So with the TCPA hearing finally happening tomorrow, I've been asked via DM to share my predictions so people can dunk on me if I'm wrong

1/
First prediction, guaranteed to be accurate: the hearing will be a sh*tshow

2/
Second prediction: I don't think we actually get to the issues, and there ends up being another hearing

3/
The Court and parties first have to figure out what is the operative pleading. Is it the First Amended Petition that the TCPA was filed against? Or the Second Amended Petition that Percy filed at the last minute?

4/
Next: does Judge Chupp have rulings on the assorted Motions to Strike ready to go when court starts? Or will there be oral arguments on them?

5/
And at what point in the order of issues do you address Ty Beard 1️⃣ forging Vic Mignogna's signature, then 2️⃣ fraudulently notarizing it, then 3️⃣ doing a similar copy + paste + notarize with the Slatosch affidavit?

6/
If the Court addresses the fraud first, and/or there's oral argument on the assorted motions to strike, I don't think they'll get through the TCPA merits before the 1:30pm case that's on the docket at the moment

7/
You've got 2 attorneys for the Plaintiff, 5 attorneys for the Defendants, and a lot of ground to cover. Tough to do that in 2 hours before the lunch recess

8/
If they do get to/through TCPA merits, the good news is that will start the 30-day clock to rule, but you end up with a second hearing to address the fraud, then a third hearing to address sanctions + fees

9/
Though there's always a nonzero chance Judge Chupp has already read everything and comes into court with nukes ready to be handed out

¯\_(ツ)_/¯

10/
So right now my guess is:

➡️ 55% chance a 2nd hearing is scheduled or the current one is continued

➡️ 40% chance it's a "normal" hearing and Judge just takes the case under advisement to issue a ruling within 30 days

➡️ 5% chance he's so pissed he rules from the bench

11/
Either way, significant chance this drama ends up extending past October 7th after all

12/12
That's my thought too, unless the judge presumes their admissible but it wouldn't change the outcome either way

I wouldn't want to get sued by @jbarro for trademark infringement 😉

That would be the best outcome for the Defendants

Speaking of which, I left out the best / worst case scenarios for both sides
For the Defendants it's easy –

➡️ Best case: TCPAs granted across the board, everything dismissed

➡️ Worst case: TCPAs denied across the board, everything stays in play
For the Plaintiff, it's slightly different –

➡️ Best case: TCPAs denied across the board, everything stays in play

➡️ Worst case: TCPAs granted on everything *except* for 1-2 ultimately non-winnable claims (e.g. the assault on Rial)

If any issues remain, P's appeal has to wait
There's no interlocutory appeal by Plaintiff of a partial TCPA grant. He'd have to go through a hearing on sanctions and attorney fees, then still continue litigating the case, where he'll lose on summary judgment. *Then* he can appeal.
Based on everything I've seen, I still think all of the TCPAs are granted.

In terms of strength of case, Marchi's is totally guaranteed, Funi's is totally guaranteed, Toye's is almost-totally guaranteed. Rial's – except for the hotel story – is almost-totally guaranteed.
Despite the totally inept argument by Percy, there's still a ~10% chance the Van Der Linden v Khan case means the defamation claim on the hotel story stays

That's a worst case scenario for Vic, but a less-than-best case scenario for Rial, so the conVics will claim the win
That's all I've got on predictions

We'll see what happens tomorrow 🙃

Plus a new Twitter banner in the AM!
The holding in Van Der Linden v Khan says that, in a case where a private P is claiming defamation, D says there's an issue of public concern, and only P + D know what happened, merely saying "I didn't do that" is clear and specific evidence of falsity

1/
In that "he said, she said" scenario, the Court is actually prohibited from considering the substantial truth affirmative defense at the TCPA stage. It has to wait until the Summary Judgment hearing.

2/
@matthewhvoss
There are of course a few wrinkles:

1️⃣ R.Broly is a public figure, so there's an argument to be made that Van Der Linden doesn't apply at all. Even if it did, there's a separate argument that it doesn't cover actual malice, only falsity

3/
@matthewhvoss
2️⃣ Percy included R.Broly's entire depo in his TCPA response like a rookie litigator, then filed a sham affidavit to boot.

So R.Broly's evidence is now self-contradictory and no longer "clear and specific"

4/
@matthewhvoss
And of course 3️⃣ Percy's briefing of the case showed he totally didn't understand why it mattered *at all,* and the judge isn't required to bail him out

Competent counsel could navigate this past TCPA no question. Percy gets 10% odds.

5/5
@matthewhvoss
We ran it for 60 days, talked about it three months ago now:

You're terrible at this

🤡: "BuT hE's *PoOr* TrOy! BeCaUsE hE tWeEtS sO mUcH!"

They're fascinating to watch at least. Always gravitating back to the same talking points, even when they don't work 🤣

There won't be a trial 🙃

I already announced a week or so ago that I'm blocking all of you after the judge makes his decision though 😘

🤡: "LoOk At YoUr LiKeS cOmPaReD tO nIcK's"

Let me know when Screech gets 2.5M impressions despite not tweeting at all whatsoever for 2 days
Gotta protect my followers from your brainworms. If y'all were less dumb I'd let you stay around, but alas

Must really chap your ass that the guy with no experience is the one who's right on the outcome 😂

Not just a documented pedo. A *well-documented* pedo.

The Streisand-Mignogna Effect will do that.

And alllllllllll of those court filings are public records I would get to rely on in my defense if they were dumb enough to sue me 🙃

Reminds me of that line from the Juggernaut B*tch parody: "I'mma smack you with your own pimp"
Misgendering people isn't very nice

Witty though!

Weird, I don't see "a convicted pedo" in that screenshot

My money's on a new super secret Motion for Sanctions, or a fresh affidavit from R.Broly confirming everything Percy did was legit

It would be very, very sad if he just rehashed the Motion to Quash that @questauthority covered hours ago

The goalposts haven't moved I'm afraid. Here are some screenshots.

I'm sorry u don't English gud

Close but not quite: they're functionally Plaintiffs for the TCPA (which, remember, is treated like a counterclaim) and the subpoena is for testimony limited to the TCPA

Confession: it's actually a smidge higher than that

I accidentally branched the thread when I returned after the lockout, so everything after the viral #FuniLeaks tweet to the branch is hidden from the algo 😭

Happy FriYAY!

Here's a fun little thread of Screech quotes from his livescreeches 🙃

With R.Broly's doomsday hearing set for 10:00am CDT this morning, our commemorative Threadnought banner by @Emm_Initiative goes back to the classics 🙃

If you enjoy his banner work, chip in $3 to buy him a coffee at ko-fi.com/tetrisblock
The lawyers argue to the judge about whether Vic Mignogna's case should be tossed out and/or whether Ty Beard should be referred to the @statebaroftexas for forging his client's signature and then fraudulently notarizing the forgery

Oh this is an inspired job, well done on both the font choice and the V 🤣🤣🤣

Unlikely IMO, but who knows. It's rare for an attorney to commit #LOLcrimes as incompetently as Percy Tyrone Beard

(For those unfamiliar, @chess_pigeon is uncannily good at channeling conVics. They've had some true gems the past few months where even *I* started to wonder what side they were on 🤣)
"This was a SLAPP suit all along! F*ck Vic's reputation, the Defendants are trash!" is not the erudite defense you think it is 😉

It is not correct. Screech is just a moron with a poor legal education who doesn't have enough experience with real courts or real clients to know better.

Remember the headline on this story is very wrong

The defamation case against Musk is based on a separate, very detailed email he sent to BuzzFeed. Screenshot is here:

This would be a more-compelling burn had I not been running as a Republican in a D+36 PVI district 🤣

You're terrible at this

I didn't even see that 😂 whyyyyy are these people so dumb??

Correct. Opinions based on undisclosed facts are potentially actionable because the implication is defamatory

At the end of the hearing today, they're all going to turn to the camera and shout "The Aristocrats!"

Talked about it back in 2016: mimesislaw.com/fault-lines/cr…

Republicans were corrupt, and the incumbent was useless with some truly questionable votes (e.g. making police bodycam video secret, wasting money to drug test all welfare recipients, etc)

It's really too bad Vic Mignogna's lawsuit claiming people lied about him is going to get dismissed then 🙃

I'm still pretty strongly conservative, I just 1️⃣ don't hate minorities and 2️⃣ think even programs I dislike are still nonetheless constitutional and part of the back-and-forth of politics

Not that I'm aware of. The "secret document" Screech covered on his livescreech was the amended motion to strike @questauthority had covered like 10 hours earlier

And by Vic Mignogna losing, we'll have the truth: he's a well-documented sexual predator and pedophile 🙃

My prediction from last night is that's unlikely. Probably end up with at least 2 more hearings (one for whatever isn't covered today, one for sanctions)

Speaking of today's hearings, seems like there will be some slides shared with the court

I particularly enjoyed this one 🙃
You mean the side with fake subpoenas and fake signature would also fake DMs???

I am just shocked (shocked!) to find that gambling is going on in here!

Or, when asked for his thoughts on whether his legions of adoring fans are being scammed by Nick Rekieta, respond with "It's not my problem."

LOLOLOL 🤣🤣🤣

🎶 "Another one bites the dust
And another one gone, 🎵
🎵 and another one gone.
Another one bites the dust!" 🎶
I'm curious: do you think that's an insult?

"You have free reign to say whatever you want about Vic Mignogna, have it seen by tens of thousands of people, and he can't do anything about it because you're a poor!" is not the jab you think it is 🤣

I co-sign @questauthority's prediction: Screech will wear a "Dammit Nick we lost the case again" t-shirt...

...but he'll hide it under a button-up because he's also a coward

I'm a criminal defense attorney, I live off gallows humor coupled with inspired double entendres 😂

Pure speculation on my part, but I suspect it was all just a ruse to try and goad him into showing up, to further lay the case that he's a material witness

I can't speak for J. Sean, but it was absolutely why I created that Twitter poll saying Screech couldn't show up or he'd be sued 🤣

REMINDER: there's a Twitter list of folks we know who are attending today's hearing. You can follow it at this link –

twitter.com/LizaGaines/lis…
Noooooo that means I'm gonna end up owing @TXantislapplaw money 😭

I predicted less than 20 ppl outside of the parties / attorneys / court personnel

Non-attorneys have to have phones off. Attorneys can use phones but idk if they'll be willing to risk live-tweeting lol

Told y'all Screech wouldn't show 🤣

Maybe he's just hungover from last night's livescreech

Nothing substantive, we were just gambling on how many spectators would show up

I retract my earlier tweet: Screech isn't a coward, just a moron 😂

Wow this hearing is going even worse for Vic Mignogna than I expected! 😮

All that GoFundMe money, lit on fire... 🤣🤣🤣
"I DON'T THINK SO"

🤣😂🤣😂🤣😂🤣😂🤣

Remember this tweet from 3 days ago

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

The Super Lawyer Cabal is coordinating in our Super Secret Super Lawyer Forum to get the transcript this weekend

It's like the Mailbox Rule ("acceptance on answer, rejection on receipt") – the affidavits are withdrawn once notice is provided

My guess is judge considers them anyway to be fair, but it won't affect the outcome

Just contacting the transcriptionist and paying $$$, usually at a per-page rate

Of course this dumbass picks the Opinion Based on Disclosed Facts tweet as his defamation claim 🤣🤣🤣

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

Dude needs to fake a heart attack to salvage this case. This is an extended bloodletting.

Like being drawn and quartered. But slowly.
Someone seems upset Vic Mignogna's LOLyer is currently getting blown away in court

#CryMoar
#HoesMad
#StillFired

Post-hearing Screech spin will be something like "The Judge was so hard on Percy because he's planning to rule in our favor!" 🤣😂🤣
Whoooo the conVics are very, very mad 🤣🤣🤣🤣
Those are just the prank voicemails, the prank calls are more voluminous but helpfully blocked by the RoboCaller app

Wait this was an official from-the-bench dismissal?????

No, remember there are multiple claims against each defendant. @bentwhee said the defamation was dismissed; conspiracy is still pending, but is required to be dismissed if defamation isn't there so it'll be just a few more minutes

You are watching, in real-time, the live action meltdown of Percy Tyrone Beard

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

TCPA is granted for all claims against @marchimark

And LawTwitter was 100% right from the beginning about her

All that's left for her is figuring out how much $$$$$$$$$ on attorney fees and sanctions that Vic Mignogna will owe

They're physically in the courtroom right now, yes :)

Vic Mignogna's claims against @marchimark were dismissed

Vic is losing

Badly

Because he's a well-documented sexual predator and pedophile

Just want to point out: this tweet was from June 6th, exactly three months ago 🙃

Limited Purpose Public Figure, like Ms. Lane in the Lane v. Phares case

Means Percy is required to affirmatively prove that Defendants knew their statements were false when they were made, or strongly suspected they were false but made them anyway

Still gotta go through everything, and judge may yet take it under advisement. But LPPF means dismissal on everything *except* the 5% odds on the Rial hotel Assault tweet

I feel like I need to commission a "Place Not Your Faith in LOLyers" banner from @Emm_Initiative that we can dedicate to the Kiwis and conVics tomorrow
Texas Board of Law Examiners has preliminarily accepted my application; got the emails this morning that I need another form and fingerprints done. Was supposed to do those 3 hours ago and I'm still at home 🤣

The one that ended 3 months ago? Report away 🤣

A few days of spastic @'ing talking about the grand plan on appeal. Then they'll all switch over for the Meyer v Waid grift

NOOOOOOOOOO!! 🤣🤣🤣

Did Ty Beard really try to argue a metaphor is defamatory?????

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

It was a typo, but either way it's never defamatory

A competent lawyer would have *started* with the hotel room tweet

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

This is so amazing

No matter how dumb I've thought Ty Beard (@TyBeard10) was at any point before today – he's proven to me that I *vastly* overestimated him

"Call me and I'll explain it to you" headass

🤣🤣🤣
HOLY SHIT DID TY BEARD BLAME THE DISCOVERY STAY FOR NOT HAVING MORE AFFIDAVITS???

The stay only applies to getting discovery from *the other side*! 🤣🤣🤣

Ty Beard doesn't 👏 know 👏 what 👏 he's 👏 doing 👏
Key point to remember: Nick Rekieta of Rekieta Law is the one who convinced Vic Mignogna to hire Nick's buddy and family friend Ty Beard

Today's sh*tshow is basically Nick's fault 🙃
With the TI claims dismissed against both @Rialisms and @RonToye, that means Vic Mignogna will *already* owe them each for a portion of their attorney fees and court costs

Defamation and conspiracy claims taken under advisement, judge will have 30 days to rule
Volume. There are a lot more allegedly defamatory statements the judge has to consider, and has to decide one-by-one whether each is defamatory

NOOOOO PERCY WHAT ARE YOU DOING????? 🤣🤣🤣

Defamation and conspiracy claims remaining against Rial and Toye, pending written ruling

Yes, Percy just admitted the Funimation tweets were true

Big victory. Because even if Judge ruled in Vic's favor on defamation, Percy can't prove any damages *specifically related to the defamation*

I was not; I had 5% chance for any bench rulings at all whatsoever

But I also didn't expect Ty Beard to totally sh*t the bed this badly

Even better:
➡️ allllll of Jamie's fees
➡️ allllll of Jamie's costs
➡️ the % of Monica's fees on TI
➡️ the % of Monica's costs on TI
➡️ the % of Ron's fees on TI
➡️ the % of Ron's costs on TI
➡️ the % of Funi's fees on TI
➡️ the % of Funi's costs on TI

1/
Allllllll that...

...PLUS SANCTIONS 🤣🤣🤣

2/2
@rebabe90
So after today's extended implosion by the Vic Mignogna team of LOLyers, I thought it would be helpful to draw up a scorecard of where things are right now

Enjoy 🙃

#oof #howembarassing
Judge Chupp now has until October 7th to rule on the remaining claims

He may of course rule earlier too

Also: anyone who tells you Judge Chupp did anything improper has zero experience with judges in courtrooms.

Keep that in mind. There is a 0% chance he gets overturned on appeal because of anything that happened in there today. None.
Pray the trolls stop @'ing me for 24 hours. That's the deal

I'll share it later tonight. Ping me if I forget

REMINDER: if you can't see the @fsckemall account, it's because you're on a block list I'll be deploying here on my account when the judge's final ruling comes in

@ me if you're on there by mistake
In light of today's rulings, thought I'd go ahead and re-up this @bykerseven-captioned photo of Screech and Percy enjoying their fame at Anime Matsuri from around Week 2ish 🙃
Me rn tbh:
I created a picture for people just like you!

The woman you're responding to? She's the column with all Xs. Meaning Vic's entire lawsuit against her was dismissed with prejudice.

Because Vic Mignogna is a well-documented sexual predator and pedophile ❤️

I'm not concerned

You probably should be, given how much you've misled Vic Mignogna's fans these past few months

How's your mailbox? 🙃

38. And made $950 today while tweeting.

Meanwhile, Vic Mignogna made something like -$250,000ish 🙃

I knoooooowwww! 😭

And I don't have thousands of teenagers to grift allowance money from like Screech 😢

It's almost like all the dumb sh*t from the Rekieta Troll Army ended up undercutting Vic Mignogna's case... 🤔

🤣😂🤣😂🤣😂🤣

No. Next set of talking points will be how unfair the judge was and how they'll definitely win on appeal

As of 3:51pm Central, the judge has yet to rule on defamation against Rial / Toye / Funi, and civil conspiracy against Rial / Toye

Deadline to rule is October 7th

Potentially both. Based on the reporting from the hearing, it sounded like Chupp was reading through a book – he may want to brush up on defamation-by-implication (hence why Funi remains). For Rial / Toye, it's volume.

Totally possible, but I wouldn't count on it. He's got other cases to worry about too

Sorry if I miss your @'s, I'm trying to minimize Twitter time so I don't go so far overboard with the gloating 🤣

And got this playing in the background 🙃
Exceptionally bad outcome for Vic Mignogna and his LOLyers

Worse, frankly, than the very worst predictions made by myself and LawTwitter

Vic's gonna owe $$$$$$$$$$$ to the people he sued

Here's a scorecard summary graphic:

It's all de novo on the TCPA rulings and abuse of discretion on the discovery-related ones, I don't think the record will be a problem between the filings and transcript

I know it's been less than a day since we changed Twitter banners, but today was *such* a disaster for Percy / Screech / R.Broly that it was necessary 🤣

Reminder to support @Emm_Initiative's coffee habit in $3 increments here: ko-fi.com/tetrisblock
It's not a war

Just a long series of embarrassing courtroom blowouts

Because Vic Mignogna is a well-documented sexual predator and pedophile who will now owe $$$$$$$$$ to the victims he sued 🙃

You should probably go read the defamation #Law140 again, because you basically just tweeted the one scenario where a statement of opinion is potentially defamatory 🤣

(-‸ლ)

I am absolutely jealous! Do you know how much $$$$$$ the Defendants' lawyers are making after Ty Beard sh*t the bed today??

WWWOOOOOWWW

Let me say it backwards: WWWOOOOOWWW

This column in the Dallas Morning News is ::chef's kiss::

dallasnews.com/opinion/commen…
From the esteemed @popelizbet: "you could roast an entire pig and cook potatoes in the pit on this"

It really is an extended #goddamnson to Ty Beard, yikes!

🤣🤣🤣

dallasnews.com/opinion/commen…
Strongly strongly *strongly* encourage you to go read the entire article, linked in the tweet below by reporter @SharonFGrigsby:

Sh*t, I totally forgot that was the same guy 🤣🤣🤣

I think Meth got himself suspended, just like poor @GlassDizzy did

No appeal by Plaintiff unless/until everything is tossed out. If even one piece of one claim remains, he has to wait until after everything left is tossed out at summary judgment

Sanctions hearing will happen regardless, & likely rolled into the appeal

Probably seeing how much it would cost to buy him out, and praying he doesn't end up with a primary challenge 🤣

Percy filed a Motion to Quash and for a Protective Order, which functionally excuses having to comply until a judge rules on it

This issue may come up again during the sanctions hearing 🙃

Texas Rules of Civil Procedure 192.6(a) impliedly excuses compliance, because it says a person must comply "to the extent protection is not sought"

Mid-six figures at the low end

My understanding is Mignogna can post a bond to forestall execution until his appeals are done, but after that...

1️⃣ Start here: drive.google.com/file/d/1grB0V9…

2️⃣ Send disbarment requests to:

The North Carolina State Bar
ATTN: Grievance Division
217 E Edenton Street
Raleigh NC 27601

5 attorneys billing at $300+/hr apiece for 3+ months, with expedited rates to address the flurry of sh*t Percy filed this past week? Yah

The "war chest" is almost certainly gone. Percy would be a fool not to have billed away every penny before today

I've assiduously avoided doing "I told you so"s today, I've been told they make it harder to chase clout effectively

Can someone who's more up-to-speed clue me in to what's going on here?

Because if I'm reading it right, it sure *sounds like* the Nadolny Facebook DMs that Chuck Huber sent to Screech about @VoiceOfVegeta were wholly fabricated by Kiwi Farms 🤔

imgur.com/a/u1qcLO7
Neither. Motion to dismiss under the Texas Citizens Participation Act, their version of an anti-SLAPP statute. Plaintiff required to present "clear and specific" evidence of each element of each claim

Thank you for explaining at the end! I couldn't discern the sarcasm amid all the tears

#CryMoar
#SoSalty

No ma'am. The Motion for Protective Order that Percy filed was sufficient to get Vic out of the subpoena

It was a test by Lemoine to see how Percy would respond: "hey this was served late!" or "hey you can't ask him about my crimes!"

Percy failed 🙃

I don't think the judge is going to press the issue. But Percy definitely confessed to notary fraud in court when he had his idiotic "notary by phone" excuse

It's not arrogance when you're right tho

ZING! 🤣🤣🤣

(I love all the Percy quotes btw)

I'll continue to update it as Judge Chupp continues dismissing cases 👊 I suspect it will be full within 30 days...

I initially read this as "Threadnought law" before realizing you meant Tennessee

I generally don't bring families in to it though. A man's gotta have a code.
@MyGothamNights
@'s and DMs are both a Heath-Ledger-in-The-Dark-Knight-pile-of-cash-style bonfire 🤣

I'm gonna miss most of what y'all have sent me, but I'll see what I can do tomorrow
Fuuuuuuck no I didn't, thanks for the reminder. Hang on

List is compiled via @blocktogether

For those interested, DM me
Mine's on a delayed deployment, happy to answer questions for those who are genuinely curious

But most conVics in my @'s have proven immune to education

"Trying to" is doing a bit of heavy lifting there too

This was one of the most-widely shared tweets on the whole hashtag 🤣

Justification defense. Shared the applicable Texas Supreme Court case back on Day 4

Toye had an independent legal right to negotiate of the terms of his potential con sponsorship so those statements are qualifiedly privileged under TX law and can't be TI

The judge didn't stray beyond the "prima facie standard"

Percy was required to produce "clear and specific evidence." He couldn't. Because he's incompetent.

Let me go to bed for real lol

Reminder again: if you're blocked at @fsckemall, you're gonna be blocked here too after Judge Chupp makes his final ruling

DM me if you think I've blocked you by mistake

Night all 👊
The conVics have gotten me wrongly suspended from false flags 2 Fridays in a row. My guess is they try it again this coming Friday too. Because cowards can't stand dissenting viewpoints

For those who missed The Threadnought this past week, make sure you follow @fsckemall

The 9-day tangent thread starts here:
I don't think it's tied to events, I think it's tied to school nights

The big news from the past week was the release of the TCPA hearing transcript, and oh man was it *bad* for Percy!

Y'all remember @ottovonbisbark's livetweets, and conVics going "I don't believe those, they're BIASED"?

It was worse. Waaaayy worse.

For example, did you know Percy conceded in the hearing that they don't need a trial and the Defendants should win on the conspiracy claim?

Percy "did not intend to do that" of course
Or that time Percy lied to the Court and Judge Chupp pointed out he was lying
Or that time Percy lied to the Court *again,* and Judge Chupp was like "Seriously are we doing this again?" at lines 23-24 👀
There's a *lot* more in the TCPA Hearing transcript. It was *BAD* 🤣

You can read it yourself here: drive.google.com/file/d/1AgqWEL…

And @questauthority's thorough 3-part livetweet –
➡️ Part 1:
➡️ Part 2:
➡️ Part 3:
Slight correction: he said he hadn't appeared "before the Court," meaning that particular judge

It's a common misinterpretation that the conVics are running wild with

Should we do some fan mail?

Let's do some fan mail

@metholomew211 decided to let me know he had an alt account he was using to evade his account suspension
(I didn't "forget to block on this page" btw. I hadn't run the block chain at all yet, though I'll be doing that this afternoon 🙃)
I think my card is better tbh 🤔
Y'all think they know R.Broly is a huge Trump supporter? 🤔
Only since June 6th

Vic Mignogna is the R. Kelly of Anime, just less talented. Hence R. Broly.

Shouldn't you be posting from the sockpuppet account you just created?

Enough fan mail, let's talk media

The good folks at @CBR had a surprisingly thorough write-up on just how disastrous this entire LOLsuit has been for R.Broly

And we had a long-but-festive guest appearance on the @VioletWanderers podcast – the lulz really do start in the first 3 minutes before we even get to the intro 🤣

The most-recent suspension due to conVic false-flagging ended up hurting one of our charity fundraisers, so my patience for CHUD LOLetry is less than it would be otherwise

Nah, I have a lurker account I can use if needed

Let's talk charity briefly, though this will end up being in a non-Threadnought thread later

We did a whole fundraiser for the Boys & Girls Club *without this account* and still raised more than last year!

(Special thanks to @Popehat for several RTs!)

Public buildings are typically kept pretty chilly by default b/c otherwise mold growth costs $$$$$$$ to fix

FYI: this is your 1-hour warning, if you're blocked at @fsckemall you're going to be blocked here too

DM if you're blocked by mistake

I'll be subscribing to the @fsckemall BlockTogether chain at 2:00pm EDT
We also have a temp Twitter banner by @Emm_Initiative until he can cobble up something more appropriate to celebrate 🤣

Feed his coffee habit at ko-fi.com/tetrisblock
Thanks! Glad to have a normal TL again 🤣

Do you think they even read the transcript?

Because f*ckin' YIKES it's even worse than I tweeted back on 9/6! 😱

Which one do you think outranks the other: "constitutional law" or "Texas precedent"?

Idk who came up with this Percy parody but I officially love it and encourage you to follow them 🤣

Another TCPA transcript livetweet, this one by @tznkai with highlights – some of which are f*ckin' HILARIOUS

We may or may not already have a dramatic reading in the works with certain voice talent 😬

6? 7? We've got quite a few blue-chip VAs who've been assigned parts 😬

This is correct. The speed and scope of the dumpster fire was shocking.

We had a malpractice mini-thread somewhere else in The Threadnought, I'll see if I can find it

I think Vic Mignogna has a better malpractice case against Ty Beard now than he did before September 6th. But he needs someone who will tell him the truth

Apologies to anyone who gets blocked by accident, I'm subscribing to the @fsckemall BlockTogether list now

If you get snagged inadvertently, have someone who isn't blocked @ or DM me
Or not, because of course Twitter's API is broken 😑
Anyone know any bona fide humans working at @Twitter / @TwitterSupport?

Because not only is the app authentication broken, their email verification system isn't working either (emails never get sent)
Theeeeeerrrreeee we go ☺️
I, however, won't. Because that particular conVic is tedious af and the BlockTogether algorithm is a cruel mistress

No discernible drop yet. Most of the conVics never had the 🍆 to actually follow me, they just wanted to screenshot my tweets so they could make money on YouTube 🙃

But we're also only 6,000 blocks in on a 60,000-block list 🙃
@Terez27
Fewer trolls. One of them created a sockpuppet this morning, so it will likely never end

Man, this LOLsuit really rehabilitated R.Broly's career!

I think Vic Mignogna's best argument in a hypothetical malpractice case will be that any sanctions award would be dramatically less had someone competent been representing him

1/
2nd best argument would be that Percy's filings were primarily to manufacture work he could bill against the GFM, artificially inflating how much Defendants had to spend on attorneys

2/
@kevinrsours
3rd-best argument would be getting the case past TCPA. I think a competent attorney could do it fairly easily, but that's a tough wall for a malpractice attorney to climb

3/3
@kevinrsours
No. Vic Mignogna could never "win the case," he just could have gotten it past the TCPA motions and avoided paying out $$$$$$$ to the Defendants for their attorney fees and sanctions.

He'd still lose at summary judgment even with a good lawyer

Going against Percy definitely made things easier, I think even @TXantislapplaw would admit that. Still a much stronger case for the Defendants than for R.Broly even if he had good counsel though

They'd have had to drop the TI against prospective business relations claim, and had better documentation on the defamation and TIC. Do a better job on those and I think the judge gives you latitude on the conspiracy

Oh any case with Percy as opposing counsel is an easy win 😂 He almost certainly has malpractice insurance though, and they retain blue-chip litigators

Yes, that's the point. Parties' filings are uniformly prejudicial to the other side.

That was a different photo with an entirely different girl 🙃

There really are, it would be impressive if it wasn't so skeevy

To commemorate my return from a 9-day stint in Twitter jail, we have an official new banner from @Emm_Initiative 😆

If you like Emmett's Threadnought banners, remember that you can buy him a coffee at ko-fi.com/tetrisblock!
I would very much like to be sued for that

But unfortunately Vic Mignogna won't have any money for more LOLsuits after the sanctions hearing in this one 🙃

39000ish in on a 59000ish blocklist

Follower count has dropped by 150 🤣
::stops::

::sniffs::

Y'all smell that?

That stench of week-old body odor and broken dreams layered in pizza rolls?

Yeah, me neither 😎
I might care, if I could see it. But alas 🤣

Vic worshippers, Screech worshippers, a few others

My theory is that if you follow garbage, you're probably garbage

Follower count dropped by ~200 too

Confirming my theory a few weeks back that the "mass unfollows" they were so feverishly tracking were, in fact, themselves
I wouldn't go that far 🤣 Already blocked a few sockpuppets created in the past 48 hours, they'll keep trying

"Making the hearing transcript pointless" would mean not appealing. Since you need the transcript for the appeal.

I'm fine with that tbqh 🤣

May or may not have already been done when creating the initial list 😉

If Percy's smart, he billed out 100% of the GFM by the end of the TCPA hearing

We'll see if R.Broly is smart enough to demand an accounting once he realizes how much he's going to owe in attorney fees and sanctions

Depends on how magnanimous the Defendants are and how much $$$$$ R.Broly is willing to pay them.

Ty Beard did so bad at the TCPA hearing that I'd be begging for a settlement if I were in his shoes

I removed him from the @fsckemall blocklist after his hysterical whining, so instead he blocked me

Dude's definitely a b*tch

Keep in mind quite a few conVic grifters have been making $$$$ by making my tweets the topic of their YouTube shows. Of *course* they're gonna cry about it

If the money is truly going into Percy's IOLTA account, yes. Every dime in an IOLTA needs to be earmarked for a given client's benefit

If the money's going straight into his operating account though, I could see an argument. It'd mean more fraud though

The obsession is real
I'm guessing he missed the tweet where I said pretty clearly it was me 🤣

F*ck if I know, their ideology is incoherent at this point lmao

Wait did they actually file a Motion to Reconsider when there's not even a filed order yet??

I've been off doing lawyer work and I'm so far behind 😩

I've never gone against an opposing counsel as incompetent as Ty Beard. That makes it easier to endure 😂

There's no indication of who sent this to me, but whoever you are I salute you 🤣🤣🤣
Mostly blank, but a few choice additions like this one

Wwwooowww

Let me say it backwards: wwwooowww

Updated news story from @SharonFGrigsby

Almost sounds like the conVics managed to piss off the judge by threatening to kill him... 🤔

dallasnews.com/news/2019/09/1…
My take: extending every possible opportunity to the Plaintiff to resolve the case before getting nuked and watching Court of Appeals affirm the nuking

I mean seriously, think about it: the judge already dismissed everything against @marchimark – why would he want her in on mediation when she's already won, and will be entitled to have Vic pay her attorney fees and sanctions?

Judge Chupp is providing an off-ramp if Vic wants it
The problem for Vic Mignogna, of course, is that Ty Beard has never litigated a case before this one

So him and Screech will almost certainly see this as a win
The timetable hasn't changed. Saying "mediate by 10/6" is a judge's way of saying he's already got his order ready to drop 10/7.

Which also happens to be his TCPA order deadline
Any litigator who's done high-level civil litigation has gotten this "encouragement" at some point in their career

Judge Jolly did it often with needlessly complex cases in the NC Business Court
So a mediated settlement can cover almost anything: payment of money, apologies, agreements not to do things, Vic-issued condemnations of weebs, etc etc

Versus a court ruling that just says "your case is thrown out and you owe them $$$$"

1/
At this point, the judge has already nuked 12 of 17 claims and strongly hinted he's going to nuke the other 5

Rather than do it himself, he's giving Vic Mignogna a chance to self-nuke in the hope there's less fallout

2/
@snivy_495
If he doesn't take the hint – and he almost certainly won't unless he has a new attorney for the mediation – the judge proceeds with his previously-scheduled nuking and the ensuing years-long weeb outrage it will trigger

3/
@snivy_495
If Vic Mignogna / Ty Beard / Nick Rekieta actually care about anime fandom instead of using it as a source of grift and 🍑, they'll grovel and beg to make all this go away

Don't hold your breath though

4/4
@snivy_495
It's a key aspect of restorative justice on the criminal side too

And in case y'all think I'm just pulling this stuff out of my ass, this was my guess at 8am CDT hours before today's hearing even happened

I told y'all Percy is too damn stupid to understand what's going on 🤣🤣🤣

Ty Beard is more concerned about saving his own posterior than he is helping his client

Judge orders everyone to mediation, and your first move is a callback to your "don't spike the football" tweet after sh*tting the bed? 🤣

Dude's dumber than a bucketful of bent nails
In tribute to R.Broly's unmistakeable victory in getting his case ordered to mediation today, we have a new and multi-layered banner courtesy of @Emm_Initiative! ⚾️

If you get a kick out of these like I do, you buy him a $3 coffee at ko-fi.com/tetrisblock
I got 3 references here. That was one of them. I gave away the 2nd in the tweet. Waiting to see who gets the 3rd

I'm counting that as the second one I gave away by adding the ⚾️ emoji to the tweet

It means Screech does not litigate, and doesn't understand what a dismissal from the bench means

Or, in the alternative, Screech knows exactly what a dismissal from the bench means but knows his audience doesn't and they will continue to pay him to explain why it really means Vic will win this time
@thatdalglishguy
We posted roughly the same thing at about the same time lol 👊

I'll note for the record: Judge Chupp reiterated at the hearing today that everything against @marchimark was dismissed

So the "Marchi isn't dismissed" takes from your favorite Minnesota journLOList are even dumber than normal
I already put in a request for the transcript 🙃 We'll see how much it is and likely run another GFM tomorrow

These look good! I love that so many of y'all are so artistic! I have no discernible artistry skills to speak of 🤣

Agreed. I'm estimating $350 at the moment

In the alternative, I can set up the transcript GFM tonight and adjust the target tomorrow based on the invoice? 🤔
For those who wanted the documents from today –

➡️ The threats Judge Chupp distributed: dropbox.com/s/ixoy10rl0w3a…

➡️ The mediation order: dropbox.com/s/ijkx5e4jpmaw…
I do not 😂

General rule is that any disability suffered by the prevailing party ends on the date of the oral order, but the deadline for the losing party to appeal is based on the date of the written order memorializing it

Vic is required by the order to attend. If he doesn't, it's a basis to hold him in contempt of court

I want him to be there so the mediator can kindly explain how thoroughly boned he is

I get the impression Percy has not been straightforward with his client

Basically, yes

With the obligatory caveat that different states may handle stuff differently, I'm not a Texas attorney (yet), etc etc

Idk whether I'm more surprised 148 of you voted in a 30-minute poll, or that 90% of you who voted said to start the GFM now 🤣

It's live, you can donate here to crowdfund the transcript of today's hearing (excess $$$ to RAINN again):
gofundme.com/f/threadnought…
So far as I'm aware there have only been two recorded hearings, and both are "in the wild" now – the one where Percy didn't know to stand when addressing the court, and the TCPA hearing aka Percy's Implosion

I think so. Tina was in the courtroom today, so I sent her an email a few hours ago and will let you know what she says!

Where are they getting this from? I'm reviewing the Texas Government Code and don't see it, and the only reference in the Rules of Civil Procedure is 30 days to file a Motion to Reconsider (which doesn't stop the judgment's effect)

Much obliged Counselor! It's actually marginally reassuring they're just being delusional about whether the judge will change his mind after being threatened, and not being outright fabulists on the law this time

It's all of them. There's an "et al" tucked in at the end that incorporates the other parties

I have to think he found them on his own, because a compilation would be a lot more voluminous 🤣

I think that's precisely why he called the mediation

It could, yes. Nondisclosure is standard in settlement agreements between private litigants

Given the nature of the harassment the past however many months, though, I'd imagine there's a strong incentive for any final settlement to be public

This is a "negotiating terms of surrender" mediation. @marchimark is already out on everything; Funi is out on 4 of 5; Rial and Toye are each out on 2 of 4

Every. single. one. of those 12 dismissed claims is entitled to payment of atty fees + sanctions

It should be a bright, flashing red light to Percy that they're going to get nuked if they don't settle

But they're morons, so they're taking is as the judge changing his mind two weeks later as a result of being threatened by weebs

Remember: it also gives them a basis to revive the grift for a couple more weeks

They can do a livescreech where they dunk on LawTwitter and go "See! We were right all along! Donate now!"

The judge has the power to change his mind for up to 30 days after a written order is signed. But the claims against @marchimark were dismissed on 9/6 and that hasn't changed. If she wants to skip mediation and file for her atty fees + sanctions, she can

At least your hiatus was voluntary! Not only have they kept @'ing me nonstop for 104 days now, they did a mass false-flag to get me suspended twice

Transitive property, it's @sadogre's fault for tagging me in so he deserves the suspension 🤣

Everyone's motivations are always their own, but since everyone has had between 50-100% of Vic's claims against them already dismissed (50% for Rial, 50% for Toye, 80% for Funi, 100% for Marchi), they'll all be negotiating over how much $$$$$ Vic pays up

His mind's already made up. It's an opportunity for Vic to try and save face, nothing more. It's a very common tactic in high-$$$ civil litigation (and, as other practitioners have weighed, in family law and low-$$$ civil lit too)

Interesting point raised via DM: Rules of Evidence don't apply in mediation, so defense can trot out literally anything they want

Bonus: mediator can be compelled to testify in a later malpractice case. Alford v Bryant, 137 SW3d 916 (Tex App Dallas 2004)

Yes, but Percy has no leverage so it doesn't really matter. He's negotiating against the backdrop of his entire work product being dismissed with prejudice on 10/07

Won't be official until he releases a written order, but 100% certainty he dismisses the rest if they don't settle

Infinitesimal-but-nonzero chance they lose on appeal, and certainty of getting paid $$$$$ for their attorney fees (vs a judgment from the court that may not be enforceable)

If I'm Vic Mignogna's lawyer, I go into mediation praying to get a settlement 1️⃣ with a confidentiality clause and 2️⃣ that avoids paying all 100% of the Defendants' attorneys fees plus sanctions

Anything better than that is a "win"

@LordofAnime
If I'm the Defendants' lawyer, I go into mediation wanting 1️⃣ finality and 2️⃣ restitution. No confidentiality, 90%+ of my fees paid within 30 days, a condemnation written by me but released by Vic re the harassment, etc

Anything that or better is a win

@LordOfAnime
The question in mediation is whether there's a point where the end goals of the Plaintiff ever overlap with the end goals of the Defendants

The only term I could see being a sticking point is confidentiality, because the conVic media will paint it as a total win

@LordOfAnime
(Obligatory disclaimer that there may be other motivations the Defendants have that I'm not privy to, since my only knowledge of them is via Twitter coupled with my professional experience successfully defending libelslander LOLsuits)
@LordOfAnime
Mediator can't force a settlement though, they can only try to rephrase things in a way that elicits a favorable reaction from the other side

I had a mediation from 9a-12:15a a few weeks back – 15.25 hours in the room. Mediators' powers have limits

No need, there won't be a Round 2 anyway

Every single potential future Defendant has watched this recursive dumpster fire and is damn near giddy and the thought of being sued themselves

Hell I've all but begged Percy to sue me, I could use the $$$ 🤣

The defense can show whatever they want. They can play his little video from the DungeonCon a few days ago if they choose

It's about persuasion. Nothing else matters.

You use law / facts / etc in the hopes it helps the mediator convince the other side that you're right, but it's not like a jury trial where there's a certain quantum of evidence you have to meet

100%

There's no chance Percy has been honest with Vic about how badly he sh*t the bed at the TCPA hearing

That's the purpose of the sanctions part of the anti-SLAPP. You deter future frivolous lawsuits by making the initial ones much more expensive for the filer

They definitely take it more seriously, but whether any action is taken varies pretty widely and also implicates First Amendment issues on "true" threats

I didn't even realize there was a livescreech tonight. Reminder to follow @WhippleMarc's rundowns here:

Almost certainly. There also could be a standard order that got modified and whatever the third paragraph was got deleted

If it's confidential, Screech can go on YouTube and go "Vic won! The Defendants paid him big money to go away!" and Vic can respond "oh, I couldn't possibly comment on that because of the confidentiality clause." And that will be taken as affirmation

You're overthinking it: how did Dallas do in the playoffs last season?

He was giving a speech in a basement somewhere in NY, crying about The Threadnought

The potential for finality

They're absolutely going to win, but an appeal will likely take 1-2 years. So they'd be settling in exchange for something – idk what it would be – that would put an end to all this

➡️ Right on the continuance not helping Percy:

➡️ Right on TI against Toye getting dismissed:

➡️ Right on the claims against Funi and Marchi getting dismissed:

This is just from skimming 😂

@JosephLPoulin
It's actually fun going back to June 6th and seeing how things have turned out 🤣

Spoiler: the Threadnought lawyers have been right from the very beginning

The LOLyers have not
Correct. I'm telling y'all, Judge Chupp has already made his decision lol

You are truly blessed 🤣

I blocked 60k of them last night though so the @'s are mostly from genuinely inquisitive ppl now

Correct. My prediction – shared by pretty much everybody except maybe @questauthority IIRC – is "100% dismissal of all 17 claims on or before 5:00pm CDT on 7 October 2019"

Chupp just gave me a 30-day head start of "70.6% right already"

Amazing how he doesn't need to discuss it now that the mediation order totally changed everything! 🤔🤣🤣

Cry about it

But not before you're blökt

👋

I vastly overestimated Ty Beard

And that's after I already knew he was a f*ckin' moron 😱

Oh sh*t I forgot all about this one, that was definitely true!

Quite a few were shared as they were posted (Yossi L's for example, before his Facebook account got suspended). The fact you weren't paying adequate attention at the time doesn't mean they don't exist.

I didn't "make a Dropbox" – I scanned in what the judge handed to the parties yesterday, and shared it so folks knew what was provided in court

Several of the other tweets and Facebook posts are already in this thread

Let me try smaller words

Yesterday the man in the black robe gave everyone pieces of paper. Those pieces of paper were given to me. I used a scanner to make those pieces of paper into a PDF, that I then put on Dropbox.

It's an archive of pieces of paper

Nope. Because he already found some of them, but decided they weren't threats.

He's a typical conVic sealion.

Do they speak English in What?

Your words: "Why make a Dropbox posting one person when there is a compilation?"

A compilation wasn't handed out in court. Just pieces of paper. That I scanned and shared, so people knew what was handed out in court

Oh hai it's more media outlets covering sexual predator and pedophile Vic Mignogna's LOLsuit for libelslander against his victims

And here's a useful summary of tweets for the @dallasnews coverage of the case and @tznkai's thread on why The Threadnought exists:

The rational inference jokes will never get old 🤣

You typically only get 1 shot at court-ordered mediation in a case. The fact Judge Chupp ordered it now means the case will no longer exist on October 8th.

I feel like we need an updated Threadnought tweet count!

::snort::

(And 3x more followers than Vic Mignogna too! How do you say "Barbara Streisand" in Korean? 🤣)

Oh I know, I may or may not occasionally speak with the person who allegedly runs it

Mediation doesn't require anything at all except for all the parties to start out physically present in the same building

They could resolve everything, resolve nothing, or resolve something in between

TCPA Hearing transcript is live in @shane_holmberg's Google Drive

Still waiting on response from the court reporter re the hearing yesterday

This is amazing 🤣 The conVics are such fine defectives!

I mean detectives, sorry!

Is this guy still crying days later? 🤣

Also our first-ever interaction, since I still have no idea who he is other than another YouTube lawyer who cries hysterically about being blocked by an account he'd never heard of before 😂

They live in a fantasy world, and don't yet understand that the people in the real world (judges, journalists, etc) do not

Not explicitly, no – that wouldn't be released until 10/07

Folks who litigate often can read this for what it is though: the judge is going to dismiss the entire case, and is giving the Plaintiff a chance to save face

Genuinely curious: has this guy made it 24 hours without talking about me? 🤣😂🤣😂🤣

TUGgy's dumb enough to dox himself because he didn't know he shared a name with a famous actor and assumed people were talking about him instead. I learned on that day to never overestimate his intelligence

I blocked him, then he blocked me back with a call to his followers to "deprive me of their content"... but continues to tweet about me anyway because he's a very manly alpha manly man

We need @renfamous to go target another mailbox as a change of subject 😂

Makes you wonder how wildly inept Ty Beard is if @marchimark can pull off a conspiracy like this so successfully!

They should ask Percy what he thinks Judge Chupp meant by "I've been overruled by the Court of Appeals, y'all could be back here in three months" 🙃

FYI, we have the hearing transcript from yesterday. Will post later tonight

It definitely confirms Vic Mignogna's claims against @marchimark are still totally dismissed btw
Transcript from yesterday's hearing is now live

cc: @shane_holmberg

dropbox.com/s/d6rw17b1fa0i…
Correct. And he did it multiple times.

I told y'all that's how this works! 😂

OOF!

How embarrassing!

🤣😂🤣😂🤣

I was asked via DM to explain why I'm so certain that Chupp is going to dismiss everything, since "telling one side they're going to win/lose will make settling at mediation harder"

First, revisit our analysis of the best and worst outcomes for each party at the TCPA hearing
The analysis for the Defendants was straightforward: the goal was everything dismissed, and the worst case was nothing dismissed

2/
But the situation was different for R.Broly: worst case for him was everything being dismissed except for 1-2 claims, because that would mean he can't appeal until after the case is totally over

3/
(For a summary of the applicable law, see the memorandum opinion in Horton v. Martin, No. 05-15-00015-CV (Tex. App. Dallas 2015), where the appeals court dismissed a TCPA appeal by the Plaintiff b/c 1 of the 4 Defendants was still in the case)

4/
casetext.com/case/horton-v-…
Now venture over to Page 8 of the hearing transcript, where @marchimark's attorney inquires whether she needs to participate

Judge Chupp gives away the game: his ruling *can't* be overturned on appeal "in three months" unless he dismisses every. single. claim. On October 7

5/
None of which should be surprising because, like I said yesterday before we ever got this transcript, *every* lawyer who's done high-end litigation has seen a judge encourage a losing party to settle before a written ruling comes down

6/
This mediation is for Vic Mignogna to negotiate the terms of his surrender. That's it.

His war against the Defendants is lost, and if he doesn't capitulate at mediation the judge will do it for him no later than October 7th.

7/7
Oh they'll just raise the target on the GriftForMe campaign. Ty Beard will be paid handsomely to lose Vic Mignogna's appeal

Right, but Vic can't appeal *anything* unless *every* claim against *every* Defendant is dismissed

Read the Horton v Martin opinion I linked a few tweets up. Ds get interlocutory appeals immediately based on TCPA's text; P can only appeal a final judgment
Small chance when the case was initially filed, if he had never handled a single other TCPA case in his decade on the bench

No chance at this point. He's certainly read the law before the TCPA hearing

True, though I think that's more the result of him not realizing how things are "in the community"

I think whether it settles hinges on whether Percy has been honest with his client

Fair point. I just didn't want to assume the worst about Percy 🤣

Nah. An appeal is based on a "cold" record: the stuff that's been filed + the hearing transcripts. There's no new evidence, no testimony, etc

Any ancillary disciplinary proceedings can't change the sh*t sandwich of a record Percy has helped produce

In this particular case, the judge has order "all parties with settlement authority" to be there – so specifically including the clients

In other mediations, it's not uncommon to allow parties to attend remotely or not at all (esp in business litigation)

No dispute there. @questauthority has analogized Chupp's Position to "where the Threadnought lawyers were 3 months ago" – long before realizing just how obsessed these people are

Just $50, she gave us a discount for the last one taking so long 🥰

Will post the invoice with the check and RAINN receipt when the $$ comes in (it's still in GFM's possession)

Keen observation, certainly possible

That's... quite a take they've got 🤣🤣

Well sh*t now I wanna do it 😂😂😂

I can't decide if the fun part about this is 1️⃣ no one in the real world giving the slightest f*ck what they think or 2️⃣ the gnawing disappointment when Screech pretends the transcript doesn't exist because they know it's real 🤣😂🤣😂🤣

He'll likely skate. A bar complaint will be filed but the odds of them doing anything are slim

Did you... did you just do a copy/paste of @TWonderOfItAll's tweet from this morning? 🤣🤣🤣🤣🤣

That's really pathetic, even for a conVic

#CryMoar
#StillBloktTho

🤣😂🤣😂🤣😂🤣
Even better, they provided new additions to the @fsckemall blocklist for allllll of the people subscribed to it 🙃

Screech is insulated from consequences. He's making Vic's case worse and the penalties Vic suffers will be higher as a result, but Screech will keep grifting scot-free

Unlikely. Funimation is a public figure, so the same First Amendment protecting the Defendants from Vic Mignogna will also protect Screech from Funi

The only one w/ a viable claim against him is Vic, but Screech will keep fellating him so he never notices
Why else do y'all think he's going to that con? Screech wants to keep Vic convinced that he's a friend who's here to help and everything will work itself out

If he goes MIA for an extended period, Vic might realize the jig is up

@Ethan_C_Kane
I don't know the law on assignability of negligence claims, that's more @esp1371's skillset

If the claim is assignable, then yes that could be part of a hypothetical mediation settlement

§27.009(a)(2) of the TCPA requires the court to award to Defendants "sanctions against the party who brought the legal action as the court determines sufficient to deter the party who brought the legal action from bringing similar actions" in the future

Apparently some kids at Kiwi Farms used Gimp to manually remove all the Threadnought watermarks 😂😂😂

The thought of them carefully erasing around each letter makes me cackle uncontrollably – that must have taken *hours* 🤣😂🤣😂🤣
Indeed. They're dumber than a bucketful of moldy cheese cubes

Turn back now Senator! Your mentions will never recover, this has been going on for 15+ weeks now! 🤣

Utterly terrifying, going from near-complete anonymity to multiple global news outlets in the span of hours 🤣

If I could have, I'd give all of you warnings back then 🤣

Someone was kind enough to send this to me for framing in my office 😆
I'd share the letter that came with it but the picture I took is sh*t so it will have to wait until I can scan it for redacting
Is he quoting the *headnotes* on Mansik v K-Town?? 🤣🤣🤣

But he's not entirely wrong, no. Talked w/ @TXantislapplaw about $1 appeal bond back in July. More later, doing real lawyer work atm

(It's *very* illuminating that Screech is now conceding Vic is going to get totally blown the f*ck out by Judge Chupp and face a very steep attorney fees award and sanctions 🤣🤣🤣)

@rscholtz
A first-year law student could've found it in 30 minutes or so. Part of why I'm shocked Screech is treating it as such a revelation 😂

(Not intended to knock your search, @GabrielMobius! Just pointing out that training to search for those sorts of cases is part of the Legal Research curriculum ABA requires for 1Ls)
You could always take redacted screenshots from our Super-Secret SuperLawyer Superforum!

Of course you do 🤣😂🤣😂🤣
I mostly want to know how they're going to steal my phone to get past the two-factor authentication 🤣

I'm a bit like Varys from Game of Thrones, except I still have a 🍆

Also, the TCPA statute says a judge "shall" award them in §27.009(a), making it clear that "court costs, reasonable attorney's fees, and other expenses incurred" are intended to be compensatory

Dovetails nicely with TCPA §27.011(b)

For Twitter I use their built-in login code generator, same with FB, then Google Authenticator or Live Authenticator for the rest

Yes, we mentioned Mansik upthread. It will certainly be persuasive authority Percy can cite.

Fort Worth is in an entirely different appellate district though, so it's entirely nonbinding.

This case is so egregious that, functionally, just about anything Chupp sets as the appeal bond will be affirmed. He's the one the parties need to persuade
@Lordking
Not sure the Nalle Plastics case holds as strongly for that position as the quote, particularly the court's reasoning in IV.B. What are the "underlying damages" of a TCPA claim if not the fees and costs incurred defending a SLAPP?

It lets him change the subject

He didn't want to talk about the TCPA hearing b/c Percy sh*t the bed, so he pretended the transcript didn't exist until the mediation hearing

He then used that to pretend the judge changed his mind. Until that transcript
1/
So now he's pivoted as quickly as possible from "Judge Chupp changed his mind and the claims against Marchi are undismissed!" to "ok yeah Vic is gonna get BTFO'd but at least we only have to pay $1 to appeal!"

2/
@Ethan_C_Kane
Vic is worth $4M supposedly, and they've got the GFM to get new donations. The cost of appeal was always nominal to him, and all the subsequent screeching is pure theater

3/3
@Ethan_C_Kane
I think someone somewhere said they're available on Re:Search TX, but I assume that's for attorney-level users and not random out-of-state members of the public like me

No settlement. So far as I know they still have to schedule mediation

Noted, but Corral-Lerma (and Nalle Plastics, and most of the other SCOTX ops) focus pretty heavily on textual literalism. The statute in §134.005(b) is dramatically and materially different from §27.009(a). Tough to hold same outcome and keep legis intent

Yep. Texas Rules of Civil Procedure 329b(d) gives a judge up to 30 days after signing a written order to modify the judgment

And ultimately it doesn't matter at all, because there's zero (0) chance any appellate court overturns this outcome on this record

So regardless of the bond amount, Vic ends up on the hook for trial fees and costs, appellate fees and costs, and interest

Deceptively complex question. Judgments are routinely modified in most states (here we have a 10-day window) to correct errors or to consider new info that wasn't available at the time

But to just do a 180° reversal with no new evidence? Very rare

Maybe. Or you conclude the LOLsuit was so patently meritless, the funding mechanism so novel, and the in-court performance so incompetent that you decide to make an example of the ppl involved and dare the appellate court to overrule you

We'll see after his olive branch of a mediation order is tossed back in his lap

(Though IIRC Chupp himself was a personal injury attorney before becoming a judge)

Given how badly Screech's assorted other efforts have turned out – like how he got #FuniLeaks trending just to see one of its most-shared tweets being about Vic Mignogna's career as a sexual predator – I'll wait for @WhippleMarc's synopsis 🤣

Y'all are never gonna let this go 🤣

I keep telling you I didn't want to assume the worst about Percy!

Yep. Most decisions about most things are reviewable on appeal at least once. Otherwise there'd be no way to stop trial judges from maxing out bonds all the time

That was it? That was the big bombshell? Toei was going to punish Funi/Sony because @VoiceOfVegeta – who isn't even a Funi/Sony employee – did a voiceover for a campaign ad for a judge? 3 years ago?

The horrors! 🤣🤣🤣🤣

Screech being underwhelming seems to be a recurring theme here...
Also got this in my DMs overnight. Fascinating to watch the Kiwis work through the stages of grief in near-real-time 😂

I think this one is acceptance?
At least they're not asking "wHy ArE yOu So SuRe ThErE wOn'T bE a TrIaL?" anymore 🤣😂🤣😂🤣
So another case of "old news" that Screech is trying to use for superchat money?

Percy must be holding back on the trust fund disbursement this month if Screech is this desperate 🤔

I vaguely seem to recall someone saying Vic Mignogna would have to declare bankruptcy when this was all over... 🤔

Oh wait, it was me. Sorry. Back on Day 27 🙃

Real estate doesn't fit on a plane though 🙃

Knowing Percy, probably October 2nd or October 3rd

Correct, it does not

Screech is just trying to muddy Funi's reputation in the hope it will force them to settle

Because, you know, this is a SLAPP suit

Has he even covered the mediation hearing transcript yet? It's only 11 pages!

The garden tools seem mad. Very odd, considering Vic Mignogna is Definitely Winning™
Still mad 🤣🤣🤣

These prank calls have gotten so old Vic Mignogna won't even proposition them 😢

#stillfired
I told them back when they first started – months ago – to switch up the prefix because I was just gonna use RoboKiller to block them all

They don't learn

That's what the screenshots are: deleted voicemails

Correct. And barely "see" the voicemails since they all start "(919) 606" and are 0:22 long, so they can all be summarily deleted

Ohhhhh that was but one of a great many highlights from the TCPA hearing! 😂

Yep. It's no different than an attorney saying "I'm the Defendant" even when we're not, actually, defendants

"Let me fix that for you" suggested you were going to block me, but you didn't. It's very sad.

Let me fix that for you though 😘

Seems that way

I do appreciate him letting me know that the @fsckemall conVic blocklist missed him though. Now it'll automatically propagate to all the subscribers too 🙃

Not a case like this, no

"Impact litigation" is a real thing; you go in expecting to lose at the trial level so you can generate favorable case law at the appellate level

But a LOLsuit for libelslander isn't that

I mean, *I'm* gloating b/c what I told y'all would happen way back on June 6 has turned out to be exactly right

I've been sorely inclined to just upload that YT vid of Darren Sharper going "hold my diiiiick"

Idk whytf the Kiwis and conVics are gloating

Damn yeah you're right, been years since I watched it:

I think that was back when I asked (rhetorically) why Percy had deleted a bunch of paragraphs from Chuck's affidavit. I assume he wanted someone to ask him?

¯\_(ツ)_/¯

@MisterDaveyToo
He really does. And likely sees nothing at all wrong with it. Still.

They're 100% wrong and don't have the slightest clue how lawsuits work

Thankfully, the Defendants and their respective attorneys know better

The Howitzer-grade CHUD-nuking has done wonders for culling the gibberish

Presumably it will pick up again when the mediation happens

Guaranteed

This only ends at mediation if the Defendants want it to end

Can't say for certain of course, but I would be totally astonished if they accepted a confidentiality clause (because I agree, they know exactly how it will be spun)

Correct. I had no clue who any of the players were, and my first three words were "Who is Vic?"

I didn't even know who Percy was! Just that he was a moron (which turned out to be a huge understatement)

Thankfully the bullsh*t quantum has dropped precipitously since deploying the CHUDsweeper (h/t @Spacebird77)

No clue. I've dialed back on keeping up with everyone and the Threadnought to lower the heat on this side; if they want to settle and it doesn't happen, I don't want it to be b/c of us screeching on Twitter 😂

Now imagine there's an appeal... 🙃

Forgive my ignorance here: who is MBA?

When I see those letters I reflexively think of a Masters in Business Administration degree

(It's not just MBA. Same thing happens when people message me about @AOC, and my first thought is always "the Administrative Office of the Courts did what?" 🙈)
Doesn't matter whether it goes good or bad, you'll get a judicial recounting of Vic being a pedo either way

Appeals are based on "the record," which are the filed documents at the trial level plus the hearing transcripts

The Court has to summarize that

Prior to June 6th, I did not

Three months later otoh...

Vic will want a confidentiality agreement, and to pay as little money as possible. I doubt he gets the first, possible he gets the second

Looks like he got caught in the CHUDsweeper, and based on his tweets seems to think that everyone else ruined Vic's life instead of Vic

I'm content continuing to have no clue who he is

Are you... crying?

Because it looks like you're crying

#CryMoar

That explains a lot. And is also hilarious

Can't rule on a defamation appeal without explicitly identifying the statement that was supposedly defamatory

None of them say "pedo," but Vic's 30-year career as a sexual predator won't be able to be avoided

Until the legal counsel for a con or an HR Dept somewhere does a background check and wonders why there's a published appellate opinion about him

I'll probably go back to bitterly complaining about the recursive dumpster fire that is the Trumpist GOP, and the utter fecklessness of the Democrats elected to rein him in

No chance. Screech controls the GFM; Percy controls Screech.

R.Broly changing counsel would mean he loses access to his fundraising operation

I've got f*ckin' -hundreds- of stories in the Fsck draft file. Looking forward to paring it down

Lately I've just been banging my head against the wall, with stuff being either entirely too easy or entirely too difficult for the $$ 😂

That would be astonishing if he actually made that demand

Certainly possible, maybe even likely. But truly astonishing
@dekkerdreyer
You think Vic has the technical acumen to run a GFM and raise a quarter mil off of it?

Yeah but surely that's just an act for the rubes

I'm an optimist, there's gotta be a bottom to this cesspit somewhere...

Yeah Screech has a weird thing for penises, whether it's apologizing to them, getting upset when several of them point out he's a meme-tier lawyer, or using "cuck" as the go-to insult

Yep. They'd have to find a new scandal to make $$$ on

Dude said that in person to me during a political forum earlier this year. I paused, looked at the lady he was referring to, turned back with a 🤨 face and said "are you sure?"

She laughed. He turned purple. It was fun

There was a retirement party recently where a certain voice actor's name was mentioned by the guest of honor, to uproarious laughter and applause. I wonder if Screech knows about that one 🤔

Oh hai it's just the nationwide American Bar Association retweeting @M_F_Rose's article on Vic Mignogna and his LOLsuit for libelslander 🙃

How do you say "Barbara Streisand" in Latin? 🤔

Seriously though how long do y'all think it'll take before the Kiwis and conVics blame that ABA tweet on the Super-Secret SuperLawyer® Superforum™? 🤔
That dastardly consent agenda! ::shakes fist::

Yeah they're not gonna respond on the actual ABA tweet, they've been stomped so thoroughly by KVs and LawTwitter by this point they know it'd just be signing up for embarrassment

This reminds of that weeb who recorded the backyard video to @renfamous(?) about how unbothered he was

They really should 🤣 I know the ABA would appreciate that sweet, sweet anti-SLAPP sanctions money

Oh man, are you arguing with Meth? That dude's dumber than a bucketful of used condoms. His other account got suspended so he started tweeting from this one

Feel like I need to get an Indochino suit and a hairpiece before I can be on @LegalEagleDJ's show 😆

I wish I could take credit, but it's all @M_F_Rose, the @ABAesq social media person, and all y'all aboard The Threadnought who make the magic happen 👊

Y'all think if i wore a green swimcap that @LegalEagleDJ's video folks could CGI in one of those colonial powdered wigs in post-production? 🤔

Same. Too much goodwill at risk to entrust it to someone who's not a trained pro

I am a defense lawyer

I'm not the defense's lawyer, nor an opposing lawyer

This pic will never not be funny 🤣🤣

The "presumption of innocence" is for the Defendants

As in, the people Vic Mignogna sued

As in, not the guy who did a spontaneous demo in his deposition of how he assaulted one of them

The faces are from the Crying Jordan meme. Used "on images of athletes or others who have suffered misfortune"

The attention to detail is ::chef's kiss::

No, it applies across the board. The burden of proof is always on the person bringing the action

The verbiage is different – "not liable" vs "not guilty" – but the Defendant is presumed not liable until proven otherwise
@FMcQueen31
Found out why I couldn't see the delusional conVic responses to the ABA tweet

Twitter automatically puts them alllllllll the way at the bottom since they're such low quality 🤣😂🤣😂🤣
Different standards, but which one depends on the type of civil proceeding

"Preponderance" is the baseline for most torts. "Clear and convincing" is common for licensure disputes and certain types of civil commitments. "Clear, cogent, and convincing" too

Screech is a well-practiced gish-galloper. You can't successfully do that in written form unless you find someone who unwittingly allows it (which is rare), so he has to trashtalk the medium entirely or it would expose how inept he is

If you measure burdens of proof by an American football field:

➡️ "Reasonable suspicion": used for traffic stops; fuzzy area around the 25-30 yard lines

➡️ "Probable cause": used for arrest and search warrants; fuzzy area around the 40-50 yard lines

1/
➡️ "Preponderance of the evidence": used for most civil cases, including defamation; just over midfield

➡️ "Clear and convincing evidence": used for many regulatory / licensure-related cases and a mishmash of other things; basically just into the Red Zone

2/
@wolfpac_five
➡️ "Beyond a reasonable doubt": used to convict someone of a criminal offense; the tip of the football needs to at least be touching the goal line. As close as you can possibly be without scoring a touchdown

3/3
@wolfpac_five
Meth definitely doesn't listen, that's true af

Yeah, they all started calling me "pedo" when I told them I'd likely be considered a limited purpose public figure and couldn't win a libelslander LOLsuit against them because of it

Very edgy

It's so fun because the underlying claim is non-falsifiable. If I'm married then but not now, clearly I'm a terrible person who abandoned wife and son. But if I was never married at all, clearly I'm so terrible person I wouldn't even marry pre-abandoning

Wasn't that the guy who confessed he had his own MeToo moment and that's why he was on Mignogna's side?

This Vic Mignogna LOLsuit for libelslander is hurting Funimation SO BAD

First they get a fresh license from Toei, now they're running a joint venture. They're gonna beg for a settlement any minute now!

🤣😂🤣😂🤣

It stands for "doing business as," we call it a "trade name." Very limited benefit, basically just gives you some minor localized trademark protection in rare scenarios

Likely wasn't renewed initially b/c Screech didn't notice it lapsed

No one will have a trial at all. Even if Rial/Toye's TCPA motions are denied, and if we assume they skip an appeal (they won't), they'd still win on a Motion for Summary Judgment

There is no scenario at this point where Vic gets a trial, thanks to Percy

Yes, I dunked on @Metholomew211 at length before he got himself suspended

Except the court isn't permitted to consider truth as an affirmative defense at the TCPA stage like they can at MSJ. That's the whole reason why Van Der Linden v Khan was such a big deal, before Percy muffed it royally

Today is Day 111

Even after blocking nearly all of them, they keep creating new sockpuppets to keep The Threadnought going

It's almost like regular people thought #FuniLeaks was funny as f*ck, and it confirmed to Sony how wide a reach Funi has 🤔

They... just went on and admitted that they knew the statement was false? 🤣🤣🤣

(-‸ლ)

Only if there's a genuine issue. A sham affidavit won't get it done.

Hadn't considered this angle, this is very possible! 🤔

Yeah that was needlessly uncharitable of me, I deleted it a few seconds after it went out

I'd recommend Adi v Prudential out of First COA and its citations re use of truth on a Rule 166 motion. Same with SCOTX last para of WFAA v McLemore re actual malice
Seriously, good luck with trial!
@richbiggs1
So the legislature always has the ability to set burden standards, and if they're not explicit and/or "common" standards (like "clear and specific" in the TCPA) it's then on the courts to define it

"Undue hardship" is a bankruptcy law standard

Yep. You'd only have to prove simple negligence as a private Plaintiff; this guy confessing to actual malice just makes it easier

He could make an argument being called a rapist is defamation per se. Counterargument would be it's Twitter and therefore it's hyperbole / insult

Khan was a private plaintiff as well, that was my point: substantial truth can't be considered at the TCPA stage, but it is considered at the Summary Judgment stage

Compare Khan (left) v Adi (right)

Yeah well maybe the Senior VP is just an intern, did you ever consider *that* smart guy?? 🤪

And we also have a voluminous deposition record in place, so even if Texas *didn't* have the Sham Affidavit Doctrine (which it does) they wouldn't be able to establish a genuine issue via affidavit alone

How many of those cases have you read? Because I see several I've read, and they don't support the proposition you're offering them for...

So how, e.g., does the DMN v Hall ruling in May 2019 have any bearing on whether truth is an affirmative defense at the TCPA stage? It was asserted by DMN, but SCOTX never got there b/c the first statement wasn't false and the second was privileged

In an epistemological sense, no. SCOTX notes in that DMN v Hall case, e.g., that "[t]not be false, '[a] statement need not be perfectly true[] as long as it is substantially true.'"

1/
The issue is in what sorts of evidence can be considered at which stages of the proceeding

The key point of the defamation piece of Van Der Linden v Khan, for example, is that if there's a "he said / she said" situation, a mere denial is adequate to beat TCPA

2/
@half_thebattle
Because the statute requires "clear and specific evidence" and there's nothing more a Plaintiff can offer than their mere denial in that type of situation

3/
@half_thebattle
Things are different at Summary Judgment (when full discovery has been completed) and at trial. Outside evidence can come in, and if there's a trial the jury can judge credibility too

4/4
@half_thebattle
Not sure if we're talking past each other or what. Miranda v Byles, 390 SW3d 543 (Tex App Houston 2012, pet denied) has a useful summary of cases on burden-bearing, defenses, etc in private plaintiff cases

None of which matters to LPPF Mignogna of course

I never claimed otherwise; you've been busy hop-skip-jumping around arguing points never made

I said in a scenario where there's no outside witnesses or other evidence (like Khan, & Vic/Rial hotel story), a mere denial is sufficient for TCPA but not MSJ

Finally had a chance to get a cashier's check for the GFM from last week, so here are receipts!

➡️ Transcript: drive.google.com/open?id=12hFOj…
➡️ Invoice from CSR
➡️ GFM screen of funds raised
➡️ Cashier's check

That left $509.12, which went to:
➡️ RAINN donation (rounded up to $510)
That also means, with your help, we've raised a combined $1,027.00 USD for @RAINN between these two events! 😆
The tax deduction part is a wash b/c I have to declare the entire GFM amount as income or the IRS sends me a nastygram

But still helping a good cause either way! ☺️

Seriously!

It's kind of stressful b/c there's inevitably going to come a day where we can't beat the prior year's numbers 😆😩

You joke, it's a very crushing experience lol

All true, but... are they really begging for RTs like that though?? 🤣😂🤣😂🤣

Their psychological investment in a lost cause is palpable

Oh dear, it appears I have committed the libelslander and will be LOLsuited forthwith 😱

🤣😂🤣😂😂

It must be a systemwide thing because mine doesn't work now either 🤣

@secos does the tweet counter still work?

Y'all remember Geoff from awhile back?

He's still mad 🤣😂🤣😂🤣
Dude is panini pressed frfr
🤣🤣🤣🤣🤣🤣
And they never seem to say it during working hours

Like, I'm doing my daily cardio workout rn of course I'm not doing client sh*t at 11p 😂

Maybe he went to bed 🤣
Apparently that's how they do it in New York City?

One of the lawyers in my building was a prosecutor in NYC, and she was talking about overnight court shifts 😱

This will be a useful tweet for the sanctions hearing 🤣

lmao 🤣😂🤣😂🤣
The very same. It would be fun impeachment evidence to compare this photo and the one from Anime Matsuri or whatevertf it was with Vic's deposition answers

But, alas, they're going to lose on everything so there will never be a trial

I've seen others tweet October 2 but I haven't confirmed. Mentioned a few days ago that The Threadnought is in maintenance mode until after mediation so we're not responsible if sh*t goes south

No donations to the GFM War Chest in over 24 hours, he must be concerned

Go to the link in @shane_holmberg's pinned tweet, and it should be in the folder labeled Transcripts

Since we're in the slow boring pre-mediation quiet period that never seems to end, we have a new Twitter banner courtesy of @Emm_Initiative!

Make sure to chip in on his coffee habit by donating $3 to him here: ko-fi.com/tetrisblock
Depends on how he rules. If he dismisses everything, it's a final judgment and Percy can appeal immediately. If he doesn't, the remaining defendants can choose to appeal or not, and Percy can only file a cross-appeal if the Ds choose to appeal first

Remember one of the lawyers was on pre-scheduled vacation this week. It sounds like mediation is set for 10/2

Appeal would only be on the TCPA decision. Trial-level case would be paused until Court of Appeals ruled, and if anything was still pending after COA it would go back down to Chupp for more discovery + summary judgment motions

Correct. He can rule as early as he wants, he just can't rule any later than 10/7

Nah. There's no requirement a judge take all 30 days – they have the power to dismiss from the bench at the hearing if they want – there's just a 30-day deadline after which the TCPA motion is considered automatically denied

This is an appellate law question I'd have to direct to @TXantislapplaw or @HaygoodLaw. My assumption is that the sanctions hearing would happen in tandem, or Percy waits until after the hearing to appeal both it and the underlying TCPA ruling

Nothing will come back down to him though. The appellate court has to make its rulings based on the record, which are the filed documents plus hearing transcripts. Percy has created a dogsh*t record that no COA will overturn a decision on

Still works for me. We had some hiccups yesterday that suggests there are threading and/or caching issues at play, but @secos confirmed the counter still works so nothing definitively broken yet

Typically the record on appeal is negotiated between the parties, and if they can't resolve what's in or out it goes in front of the trial judge for a determination

Will largely conclude on 10/7, but there are still some issues remaining to be resolved

Funi's gonna beg for a settlement any day now!

How sad does someone's life have to be to create yet another sockpuppet solely to tweet about a LOLsuit for libelslander that's getting dismissed?

Asking for a friend... 🤣😂🤣😂🤣

You're better off not knowing lol

Imagine R. Kelly, but in anime. And with much less artistic talent.

They just changed their @ from @MoonbuttSlayer to @LioResurrected

I almost respect his commitment to the troll

Probably 😂 But the CHUDsweeper was remarkably effective, and has like 50ish ppl subscribed to it too

::snort::
My heart is broken, truly

🤣😂🤣😂🤣

This is a trick question, similar to "can I sue this person for X?" – it "could" be brought up, but not considered because mediation proceedings are confidential by default

I'll cut y'all a deal: I'll freely confess to being a grifter if Screech and Percy share itemized GFM disbursements like I do for mine 👍👍

There's a mediator report, but no subjective evaluations of who did what. It will either have the terms of a settlement, or say that there was an impasse

I saw someone tweet out that it's happening tomorrow but I don't have independent confirmation of that

No way for me to tell, I keep underestimating how dumb Percy can be 🤣

Judge said at the hearing that deadline was Thursday and he'd rule Friday if no settlement

Private, no transcript, and nothing that happens at it is admissible in court. Not sure about Texas, but typically the only filed document is a report from the mediator indicating whether the case settled or impassed

Given the way things are set up, seems unlikely. Screech will be the leak but play it off like he got the info without it coming from Percy or R.Broly

Could be literally anything the parties agree on

Zero chance Defendants pay Plaintiff anything IMO

Funi's already won on 4-of-5 claims though, they're entitled to prorated attorney fees and costs under the TCPA

Rare in the grand pantheon of all civil litigation, but not uncommon with LOLsuits for libelslander

Trying to convince him they can definitely win on appeal and no need to sue Percy for malpractice

True, though I still think there will be a "misunderstanding" and he doesn't show up 🙈

That's a myth. Settling encourages frivolous lawsuits; companies will often fight until they're past summary judgment motions. Here, Funi won 80% of the case already

Possibly. Given the way things have gone so far though, more likely judge just takes into consideration when determining sanctions

Percy knows he can always go back on Screech's show and shake down the conVics for more allowance money

Yep. The old joke is that if they have the money, they'd rather pay it to their lawyer than the Plaintiff

Won't make a difference in an appeal. All the appeals court will see about it is a mediator's report indicating whether the case settled or impassed

Nah, Ol' Percy was doing the time-honored technique of having everyone show up to a hearing so each of them can bill for it, even if they don't do anything

It's bill-padding

That's my guess, yes. Gotta focus on his next grift, probably suing a bunch of Twitter commenters for defamation a year from now 🤣

We'll see if he suddenly starts grifting extra hard because the trust payments aren't showing up

I'm told Screech just did a livescreech confirming mediation ended in an impasse

2+ more years of The Threadnought!

The sanctions hearing is gonna be 🔥🔥🔥
He technically has until Monday, but he said at the hearing where he'd ordered mediation that he would rule on Friday

It's all going to get dismissed, and the appeal will flop hilariously

No settlement so now we wait for the judge's dismissal and the sanctions hearing, Percy filing a Motion to Reconsider that will be denied, and then Percy f*cking up the appeal

Much. Percy is *definitely* gonna f*ck it up

If R.Broly wasn't smart enough to settle today, he's not smart enough to know he'll get nuked on appeal

Seems like something @Emm_Initiative can use as source material for the judge's ruling this Friday!

Nope, all confidential. Only way we'll know is if Screech leaks it, because we already know Percy was keeping him in the loop

I think I'm gonna forego sharing until after we see Percy's attempt 🤣 Don't want to give him any tips!

Seems unlikely, but I'm willing to be surprised

Sorry if I wasn't clear: there is no mediation transcript at all. The only way we'll know any details is if the parties leak them (like Percy did to Screech earlier). Unlikely to be any consequences for it

Oh he already did a livestream confirming the mediation impassed

Do you think he realizes the judge is dismissing everything on Friday? 🤔

There will be a separate hearing on attorney fees and sanctions. Texas courts treat TCPA motions as the NC-equivalent of a counterclaim, so there's still a claim for relief pending even after Vic's entire case is dismissed

Damn is he still melting down?? 🤣

Maybe he needs a CPAP machine to sleep better... 🤔

It could be the article coming out about him later today 🤔

Apparently it's already live, and on the @LawyerMN front page

minnlawyer.com/2019/10/03/min…
I didn't even notice the ad, holy sh*t 🤣🤣🤣

Likely a couple years, though most of that will have no activity. There's a flurry right after the appeal, then a flurry again as briefs are due, then waiting for 18+ months for the judges to get around to making a ruling

Impasse, no settlement. Judge Chupp rules tomorrow.

Yep, there will be appellate attorney fees and appellate costs added in for each defendant

Same prediction I had back on June 6th: everything against everyone gets dismissed in its entirety

Texas law doesn't require attorney fees to be bonded, and it's an open question whether it requires TCPA sanctions. The appeal bond could be as low as $1

Just the judge filing his order. It'll be emailed to the parties a few days before it reaches the online system

More money owed, plus the embarrassment of his name being in a published appellate opinion saying that the people who claimed he assaulted them were not lying

In the absence of an agreement to something else, it's split evenly between the parties

It's false. Chupp's been overturned before, but totally different circumstances

Not really. They've got all the other appeals they deal with on the docket too

As you move up the appellate ladder, you have a ratio of cases:judges that gets increasingly lopsided and takes longer as a result

They'll have the sanctions hearing first

Possible but unlikely. Also depends on how much stupidity Beard files after the order (Motion to Reconsider etc)

Not unusual at all, that's the nature of being a trial-level judge

12 bench dismissals at the end

2 hearing transcripts?

I mean damn even *I* didn't get full-on suspended 🤣

I wonder what finally triggered it
This is several orders of magnitude short, but we can use them as filler 😂

May have to renumber this one, seems like 3 forged affidavits is a necessity (or we could make it 4 withdrawn affidavits instead)

Oh it would be amazing if he tried to get himself suspended deliberately so he could avoid having ppl dunk on him 😂

🤣😂🤣😂🤣

Unlike Percy, I share my GFM documentation:
➡️ Invoice:
➡️ Disbursements:

Will Percy do the same for the people he grifted before losing on everything today? 🤔

(All claims for all Defendants dismissed entirely btw. Just like I predicted back on June 6th.)
In honor of @TyBeard10 and @NickRekieta somehow managing to lose allllllllll 17 causes of action in their LOLsuit for libelslander, we have a new Threadnought banner courtesy of @Emm_Initiative

Make sure to buy Emmett a coffee at ko-fi.com/tetrisblock
We also have an updated @TyBeard10 / @NickRekieta scorecard for you to share with friends, memorializing how terribly they botched Vic Mignogna's LOLsuit

#oof #howembarrassing
And here's the signed Order itself, dismissing the f*ck out of every claim Vic Mignogna's LOLyers (including @TyBeard10 and @NickRekieta) brought on his behalf

cc: @shane_holmberg

dropbox.com/s/9d6k0nwxp6bz…
And here's the Dallas Morning News article on the total curbstomping R.Broly and Co received

TCPA dismissals are with prejudice 🙃

(Sorry for not dunking more, I'm busy facilitating an all-day Continuing Legal Education course for real attorneys, not LOLyers like Percy and Screech)
Oh @TyBeard10 is a Jedi master all right

He's exceptionally talented at f*cking up LOLsuits for libelslander

I regret not thinking of this first 🤣

I love this song!

🤣🤣🤣🤣🤣

OMG I definitely pictured Beard with Jar Jar's voice when I read this 🤣😂🤣😂🤣

There won't be a Round Two

Anything they file in the future will end up with the exact same result, and any future Defendants have a repository of pleadings they can incorporate by reference in their defenses

The bizarre part about this take is that a judge "finding" any facts is a basis for having a summary judgment ruling overturned, since one of the criteria for a MSJ is there's no genuine issue of material fact

For certain purposes, yes. Evidence of public figure status, previously diminished rep, his deposition answers, etc etc

Technically we scaled back a *lot* like 2 weeks ago! 🤣

I noticed that timing too

Also, can you imagine how pathetic it is that Screech and Percy mapped out that back-and-forth ahead of time? 🤣🤣🤣

Vic Mignogna should definitely sue @TyBeard10 for legal malpractice

The question is whether Vic has any actual friends who care about him enough to tell him that

The best part about @TyBeard10 f*cking this case up so thoroughly is that, for all practical purposes, Vic Mignogna is now a sexual predator as a matter of law 🙃

Women claimed Vic assaulted them. Vic claimed they were lying. The Judge just concluded they weren't.
Omnibus complaint to the Texas Bar is coming. Haven't decided the time yet.

Did Screech let his law license expire too?? 🤣😂🤣😂🤣
Different documents

The earlier one was his "doing business as" registration for the Rekieta Law tradename

This is license to practice law and hold himself out as an attorney

Do... do they think I created forged cashier's checks that I then took a picture of and shared on here? 🤣🤣🤣

I was too busy being baffled that neither of them understood how ordering transcripts worked to even consider that angle of it 😂

Not a terrible choice, I usually go the Ranger route

They should also ask me about how to share screenshots of where the money's spent 🙃

Sounds like he *still* hasn't read the case law we shared weeks ago that Texas courts consider dispositive motion hearings – TCPA, summary judgment, etc – to be "trials" within the meaning of Tex R Civ P 🤣

No clue lol. I'd do a Twitter search with "charity of choice from:greg_doucette since:2019-06-06 until:2019-09-30" to see what that pulls up. Or same parameters but change "charity of choice" to "100" instead

Lawful Good alignment is a problem 😂

All the rules have changed!

(╯°□°)╯︵ ┻━┻

If we're keeping it 💯, the only "shred of evidence" anyone in the real world needs is a judicial order confirming Vic Mignogna's accusers weren't lying about him

Here's that order btw:
Criminal defamation laws still exist, but their enforceability is constitutionally suspect. There's a federal case pending somewhere in New England where the Plaintiff is trying to have them all declared unconstitutional

I mean now that all the rules have changed I may have to reassess, but I'm partial to CG Rangers esp at higher levels – long bow for distance, pair of short swords for up close, and a handful of spells just in case

Nah. Offender registration is only after conviction in a criminal trial, which uses a higher burden of proof. The statute of limitations on Vic Mignogna being a predator has expired in most states, and his victims would prefer it just stop

It's not protected speech; the person could still be sued in civil court for defamation and required to pay $$$

There are a number of things that aren't First Amendment-protected speech but also aren't criminal (porn, for example)

Functionally they did: a TCPA motion is considered a separate and independent claim for relief, that's why they survive even after the Plaintiff dismisses his case

And why Vic will owe the Defendants $$$$$$$$$ 🙃

The extent they'll care will depend on what arguments Percy makes in his appellate brief

Generally, you can't raise an issue for the first time on appeal; for the appeals court to consider it, it has to be "preserved" at the trial level

1/
In the case of the affidavit fraud, the appeals court will only consider it if a sequence of things happen:

1️⃣ Percy argues the Court erred by refusing to consider the unsworn declarations

2/
@jarlent
Then

2️⃣ The Defendants' rebuttal will be that the unsworn declarations were filed within 7 days of trial without even attempting to get leave of court first, so it violated the Texas Rules of Civil Procedure

3/
@jarlent
Then

3️⃣ Percy responds that the declarations didn't violate the Rules, because there wasn't anything new in them vs the fraudulent affidavits

4/
@jarlent
If all 3 of those things happen, the Court of Appeals won't have a choice but to consider the contents of those affidavits, and how they choose to respond is anyone's guess

5/
@jarlent
But if something different is argued – let's say Percy claims the amendments didn't violate the Rules because a TCPA hearing is not a "trial" – then it likely never comes up at all

6/6
@jarlent
The reality is that Percy's malpractice made this case much worse for Vic Mignogna than it would be otherwise

My guess is he will handle the appeal, and tailor his arguments, in a way that minimizes his malpractice liability instead of what gives Vic the best chance to win
Not assuming Ty Beard's competence at all, I'm assuming his self-preservation instincts will take priority over his client's case 😉

My vote is that they'll appeal, but Percy will find new and novel ways to f*ck it up so Vic loses again

Correct. The Court of Appeals will rule based on what's called "the record on appeal," which is generally the filed pleadings plus hearing transcripts

Same, but I'm thinking we end up with a jurisdictional loss instead of a loss on the merits

Correct. Whatever dollar amount of fees and sanctions are decided by Chupp, plus additional attorney fees for the appeal

So it sounds like @NickRekieta's latest livestream is down because he accidentally disclosed conversations between him and @TyBeard10

And when @TyBeard10 said they didn't know if they would appeal b/c he hadn't spoken to Vic, that was a lie? 🤣🤣🤣

Here's the screenshot:
General rule in all states is that you get at least 1 appeal "as of right"

Appeals after that are conditional: some states allow automatic appeals if a judge dissents, or if it's a death penalty criminal case, but generally you have to ask the next court

Likely someone commenting on the stream as it was going

No clue. Real question is if Vic Mignogna knows his LOLyer is disclosing to a journLOList about when they talk

[Unless, of course, Screech is one of Vic's LOLyers too (which we already knew tbh)]

Correct

Maybe a less-incompetent lawyer would fare better in Round 2 though 😂

It is. That's Screech's account masquerading as an "intern" whenever Screech gets suspended

"There is no source. I am the source."

The process is confidential from the State Bar's side; Percy and I are both free to share our respective submissions, though that's typically frowned upon

I'd quibble with a couple super-minor points about the appellate process, but otherwise he's spot on

And funny af at points tbh: "Why would you keep giving money to a man with 17 straight losses??" 🤣

The first-level appellate court in most states often has 3 judges chosen at random from the entire court, who then sit as a "panel" and decide the appeal

Some permit a 2nd appeal "en banc," where all the judges weigh in. Then there's a state supreme court
Sanctions. It's not a "final judgment" subject to appeal until the attorney fees, sanctions, and appeal bond amount are all decided

Yeah NY nomenclature is awful. "New York Supreme Court, Appellate Division, First Department" is lunacy for an intermediate court of appeals

Motivated reasoning. They got totally blown out, 80+ lawyers and other legal commenters told them this would be the inevitable outcome 4mos ago, and they don't want to accept Vic Mignogna is a sexual predator and both Ty Beard and Nick Rekieta are conmen

It would just be additional attorney fees for the appeal. I think I saw someone (@HaygoodLaw?) guesstimate it at about $50K per defense attorney based on the record

Percy's been getting paid along the way because he has operational control of the GriftForMe account. The only way he doesn't get paid is if the Court orders the funds to be "disgorged," which is an exceptionally rare case involving serious fraud

This is certainly the depth of fraud where disgorgement could happen, but I doubt it

The difference is MtSG actually exists 😉

Not-at-all surprised this is a Vic Mignogna supporter

Discussing Judge Chupp's order curb-stomping the Vic Mignogna LOLsuit with other lawyers in the Super-Secret SuperLawyer® Superforum™, and now I wonder if Chupp reads my tweets 😂

This is from a month ago:

Yep. Motions for fees / costs / sanctions are due within 30 days of the Judge's order, there will be a hearing after that, then a final written order by the Judge for the rest of us to enjoy

You have to listen to @fsckemall to understand, particularly the difference in audio quality between when he does it vs the 2-3 times I've handled it myself 😂

Pffft, look at you people being all normal and having work-life Balance and such

➡️ Appeals are always allowed

➡️ Dismissing with prejudice is not an "extreme measure"; it means the lawsuit can't be refiled, and is both common and normal

➡️ "Chupp's ruling is b/c he got a blowjob from @marchimark" sure sounds defamatory... 🤔

It can happen with procedural errors too; for example, the assorted emoluments lawsuits against the President have been getting dismissed with prejudice due to lack of standing or the political question doctrine, which are more process-oriented

1/
The main question is whether the basis for the particular dismissal is one where 1️⃣ refiling is permitted and 2️⃣ it would be fair to let it be refiled

2/
@athenri
So, e.g., courts will often dismiss without prejudice – letting the party refile a corrected version – if there are minor errors in the lawsuit like accidentally leaving out one element of a 5-element cause of action. You see this often in federal court

3/
@athenri
But with anti-SLAPP statutes – designed to quickly end bumptious litigation like Vic Mignogna's LOLsuit for libelslander – allowing refiling defeats the statute's purpose so the dismissals are with prejudice by default

4/4
@athenri
Of course not. Very sad b/c @ElliotJoeBear insisted on putting $1,000 on the line

No one's going after @VoiceOfVegeta, because the "rumors" were bullsh*t

Even Ty Beard himself withdrew the affidavit containing them, that's how false they were 🙃

And it's not like Screech isn't feverishly checking The Threadnought from the @LawArchive sockpuppet account anyway 😂

I guess @marvel_animefan didn't want to stick around, I'm blocked now 🤣

My tweet was from June 6th btw, for all you "LaWtWiTtEr GoT nOtHiNg RiGhT" conVics 😘

It's a bit convoluted b/c Twitter Analytics can only do 91 days at a stretch, plus I had some other viral tweets, plus we tweeted on @fsckemall during the 2 suspensions

But here's all impressions for all tweets on both accounts since 6/6

Safe to say a *lot* more ppl saw The Threadnought than all of the livescreeches. Combined. 🙃
@Jarlent
A party can't introduce new evidence on appeal. The appeal is based solely on "the record on appeal," which are the lower court filings plus hearing transcripts

Vic Mignogna is going to lose any appeal, because Ty Beard is incompetent 🙃

Of course I can't add anything on appeal, I'm not one of the lawyers in the case 🤣

It just cracks me up because I remember all the "DEBATE MEEEEE" tweets begging me to go on Screech's show 😂

I suspect the Defendants would not be too heartbroken about an appeal, because it means the appellate court will get to memorialize Vic Mignogna's indiscretions in writing based on the dogsh*t record Percy created for him

The case was going to lose on the merits regardless, but Ty Beard's incompetence led to it being dismissed sooner and saddling Vic Mignogna with added sanctions and attorney fees that he wouldn't have to pay otherwise

Yep. Sanctions will be part of the final order, and the entire final order can be appealed.

They'll have different standards of review though. The TCPA conclusions will be reviewed "de novo" (no deference to Chupp) but sanctions are "abuse of discretion"

First sentence is definitely true

Second is almost right but not quite: it's not that Vic has been recognized as a public safety threat, but instead that people talking about Vic's perving is the type of public safety-related speech protected by the TCPA

It's similar to him being a sexual predator: it's not that the Judge concluded what the Defendants said about Vic was true – the Judge never got far enough for affirmative defenses to matter – but rather instead that he concluded the statements were not false
@KirstenMunro3
In a sense it's a distinction without a difference tbh, but I don't want folks to misinterpret what was ruled ☺️
@KirstenMunro3
Totally agreed. But even if Vic put a gun to a competent litigator's head and forced them to file, I think someone competent could've gotten most of the case past the TCPA stage

Getting just slightly further is the difference between owing attorney fees + sanctions and not

Exactly. The default "American Rule" is that each side pays for their own attorney fees. It's not common to get fees if a case survives an anti-SLAPP motion, and very rare to get sanctions

Not all of them, no. The "hundreds of tweets" line from Beard was always very, very stupid

But paring the list back to the 2-3 most egregious tweets and you could get it done

I'm gonna say a half-mil for everyone, before the customary attorney fee haircut judges tend to give (though likely less severe a cut, if any, here)

Marchi was in a Van Der Linden v Khan scenario just like Rial, until the deposition. A competent lawyer would've tried to avoid depos until after the TCPA deadline, and at the very list coached his client not give an unprompted live demo on video

Remember: the key point of Van Der Linden v Khan, for defamation purposes, is that the court is expressly prohibited from considering truth as an affirmative defense for TCPA purposes in any "he said - she said" situation with no other witnesses / evidence
Correct. Still would have lost at summary judgment once discovery was done, but Vic Mignogna's depo – and how totally unprepared he was – wrecked his case early

I agree. But grifters like Screech convinced him otherwise, and R.Broly let himself be convinced

Correct. Whatever date GalaxyCon was, I was told each of the Defendants was just under $100K in fees apiece at that point. Then add in the hearings and filing shenanigans and I figure you're at a half-mil easy just in fees

Fees and sanctions. He'd still owe costs of court, which would be minor in the grand scheme of things

Pretend there was a "that" between the two words. Judges tend to reduce the fee amounts submitted by the attorneys, which is colloquially called giving them a haircut

Not even "I heard Sabat had" – it's "I heard someone had"

So it's hearsay coupled with conVics making assumptions

Happy to go over it once my work schedule frees up a little bit, should be able to do it in a few days

Witty!

Kinda weird that you pick now to tout how much you support a sexual predator and pedophile though. But do you.

Pretty standard on an anti-SLAPP dismissal, where the trial judge's reasoning is reviewed de novo on appeal

You'll notice most of the extra research done was on excluding the 2nd Amended Petition, which will be reviewed on an abuse of discretion standard

So if you see any LOLyers telling you "oh this opinion is lazy and will definitely get remanded for further findings" or etc, they're either lying to you or don't understand what's going on. This ain't federal court
@E_S_Christenson
Motions for fees and sanctions are due 30 days from last Friday. Chupp then schedules the hearing for whenever he wants (there's no timeline in the statute). Appeals clock starts once his post-hearing order is signed

No clue who that is, but they're wrong

[Texas lawyer who also happens to specialize in appellate law]

My banner space is but a mere canvass for @Emm_Initiative to display his Threadnought-related works 😂

There are, very strict time limits. I'll share them after we know if Percy misses them or not 😂

He really does 😂 Must be hard to grift superchat money from kids' allowances if the kids know you're a trust fund baby

If y'all want to GFM one, we'll run it at the appropriate time

Part of me wants to send him a bill for the transcript differential 🤣

Yeah but we typically move first to limit how much bullsh*t they can spin before the public record is released. You saw what happened with the depositions

They were already blocked by the CHUDsweeper, I see nothing

Probably because you conVics are insane and send him death threats over his judicial rulings 😉

It's the same people. They started a new podcast

These are the same folks from last year who were asschafed that I had opinions about law things despite going to an unranked law school and practicing in SmallTown NC

They're quick to use my content for their own though 🤣

It's also selective, because for example...

Doxxing the judge will *definitely* help Vic Mignogna with the sanctions hearing. The conVics should definitely do that. Definitely.

None. Because the doxxers are totally anonymous and can never be found out. They are in the shadows, totally unreachable by the courts.

There is no bottom. It's why The Threadnought sails on, even as its crewmen desperately wail for respite

Nope. You'd get something like that in federal court where they're applying state law under Erie, but not in state court. Summary opinions are normal at the state level

Well not just the text of the TCPA, but really any anti-SLAPP law and most state court motions to dismiss / summary judgment / etc

They apparently have no practical experience with any state-level litigation at all

Not taking that bet, I don't doubt it 😂

It's not common here. No findings of fact for an MSJ order (since that's a basis to have summary judgment vacated), and legal conclusions are reviewed de novo anyway, so you typically see bare minimum needed to avoid reversal due to form

Arguing the 2AP needs to be considered will invite briefing on Percy's fraud

You're operating on the assumption Percy will try to win an appeal, as opposed to putting on a show but mostly covering his own rear

But the gifts weren't given to Vic Mignogna; they were given to Nick Rekieta (or, alternatively, BHBH)

I think Ty Beard's legal services – such as they are – would qualify as imputed income for Vic

"how many tweets he sends out per minute, on the daily"

That number comes out to... 0

I joined Twitter on 11 April 2010, which is 3466 days ago (4,991,040 minutes)

I've tweeted 164,900 times (rounding up)

164,900 tweets ➗
4,991,040 minutes

0.03 tweets per minute
Not surprised that people who don't understand law also don't understand math, but f*ckin' yikes 🤣
Agreed. 2 tweets an hour at least sounds like I have a mild problem

Oh man, @BadLegalTakes is following me now – and one of its tweets is from a conVic in The Threadnought

Y'all send thoughts and prayers to the person running this account if they keep skimming the thread 🤣
Likely depends on the nature of the transaction. Client always has final control of the IOLTA money, but since this was done with the assurance excess funds would be donated to charity, not sure it's proper to say Vic "owns" it w/o someone committing fraud
Up until deploying the CHUDsweeper, the max was 13 minutes

Less than 4 a day, typically from a new sock that gets added to the list

Total @'s are down ~40%, and there's a dramatic improvement in signal:noise ratio

Another reminder that conVics have trouble understanding concepts like linear time, as a news article from 2016 is proof I'm obsessed with something I didn't know about until mid-2019

No clue. There were several perfectly-cogent arguments that Percy could have made, but Vic Mignogna somehow not being a public figure was never one of them

We're basically providing a perpetual use case for the Twitter QA folks to test against 🤣

Now we know why Ty Beard (@TyBeard10) panicked when @TXantislapplaw filed his Notice of Intent to depose Screech: Percy gave Screech operational control of representing Vic Mignogna, and Screech farmed it out to his fans 🤣

Yes. Default is lawyers aren't allowed to share client-specific info; client is permitted to waive that and allow public discussion, and can set parameters on that waiver

Will be interesting to see if there's a signed privilege waiver on file dated in May
My understanding from the Texas lawyers is that the changes wouldn't affect Vic's case at all, and Screech was – unsurprisingly – totally clueless about what he was discussing

Not illegal in the "you're going to jail" sense, but in the "you're breaking the Rules of Professional Conduct that lawyers must follow" sense

MinnRPC 1.6(a): "a lawyer shall not knowingly reveal information relating to the representation of a client"

1/
Subsection (b) of Rule 1.6 lays out the exceptions when disclosing client info is allowed

You can read it here: revisor.mn.gov/court_rules/pr…

2/
@densetsu_etoile
Then Percy is separately bound by the Texas version of the confidentiality rules, Texas Disciplinary Rules of Professional Conduct §1.05, available here: legalethicstexas.com/Ethics-Resourc…

3/
@densetsu_etoile
Unless there's a non-fraudulently-signed waiver by Vic somewhere, both Percy and Screech have been violating the respective rules on confidentiality pretty regularly

4/4
@densetsu_etoile
Oh wow, we've now got a text-searchable archive of The Threadnought complete with the quoted tweets!

This isn't how TCPA appeals work

Vic Mignogna has already lost at the trial level. He's going to lose again on appeal. Enjoy living in denial until the opinion drops 🙃

Good talk 🤣😂🤣😂🤣
After the fees/sanctions hearing

Defendants' attorneys have 30 days from last Friday to file their motions, Judge Chupp schedules it whenever he sees fit, then appeal timer starts when his ruling at that hearing is put into writing and signed

Partly that, but also the TCPA statute doesn't have a fixed timeline for that phase of the proceedings like it does for the motion / hearing / ruling

Some really wild sh*t going on behind the scenes y'all, can't wait to share the news but for now it's hush hush 😬
Let's just say I'm gonna be taking a field trip to central Florida
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