, 9 tweets, 2 min read Read on Twitter
Good morning, #threadnought

I think we're expecting a ruling on the remainder of the TCPA today. I thought it might be good to do a quick expectations check.
Prevailing wisdom is that everything is getting tossed. I'm sticking with my own August estimate of the overall odds.

But that's a side point. There are for all intents and purposes 3 possible outcomes today. I'll go through them all quickly, along with next steps for each.
Possibility 1: Everything is tossed.
Possibility 2: Some stuff is tossed, but not everything. If that's what happens, I'd expect Funi to be out of the case.
Possibility 3: None of the remaining counts are tossed.
There is, of course, the theoretical possibility that Judge Chupp sua sponte reverses himself on some or all of the bench dismissals.

There are other things that are just as theoretically possible. We don't need to discuss those.
Here's the next steps:
In the case of Option 1, with everything dismissed, there should be briefing and possibly a hearing on fees and sanctions in relatively short order, followed by the fun of watching Ty and Vic try to navigate the appellate process.
In the case of Option 3, where none of the remaining counts are dismissed, I think we get fees and sanctions, then an appeal - because I think there's zero chance that Funi wouldn't take the opportunity to appeal. Ty and Vic would presumably cross-appeal.
In the case of Option 2, with some counts surviving but Funi out, fees/sanctions and then it could go one of two ways: there might be an appeal (same as Option 3), or (less likely, IMO) defendants could elect to continue with litigation through to summary judgment.
In that last option, discovery would resume, so I'd expect to see depositions of the various people who have been identified as witnesses - particularly those on the plaintiff's side. But I view this as the least likely option.
So, to summarize, no matter what happens today, there's probably going to be some additional activity in the short term, followed by a long, slow appellate process. And a small chance that litigation simply continues.

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