Nick Rekieta's Weeb Wars videos & livestreams - MULTIPLE SLURS

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I respectfully disagree; it may be hard to top round one, but there are no bounds to how idiotic these folks can act.

I'm not expecting Samuel Johnson to suddenly go completely insane, nor do Funimation's counsel appear to be crazies. I had my hopes up when lolcow lawyer Evan Stone appeared to be on the case, and while he may appear as a witness, he doesn't appear to be acting as counsel.

That said, I don't expect MoRon to stop acting like complete idiots. Or that magnificent autist Casey Erick to stop being Super.
 
So, a BuzzFeed freelance writer receives a demand from Rekieta Law via a Josh Moon e-mail address to remove an article they wrote in exchange for $8000. The writer then calls Nick to talk about the offer he made. He says he doesn't know anything about that and tells them to send him an e-mail. They e-mail him (and not Josh) and say that they will send him their banking information so he can wire the money to them. He says that he did not make any such offer. He then receives an e-mail from a BuzzFeed staff attorney suggesting that Josh Moon was impersonating him.

Why wasn't the BuzzFeed legal department involved from the get-go? Am I to believe that a freelance writer contacted Nick prior to informing them about the communication they received from Rekieta Law? They wouldn't even have the authority to remove the article they were paid to write. Why did they attempt to complete the transaction? Why didn't they notice that the e-mail came from a Josh Moon?

While Nick believes he was communicating with BuzzFeed, I would question how certain he is about that because this doesn't add up. It has the appearance of someone trying to get Nick to smear BuzzFeed or feud with Josh. Maybe their ultimate intent was to embarrass BHBH by getting them to tweet that someone was impersonating Ty Beard with fake legal correspondences, which could be seen as a rather poor attempt to discredit the "piece of shit" documents and data preservation letters the defendants have been sharing recently.

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edit:
I also saw your message @5t3n0g0ph3r just now. It has been forwarded to Nick.
 
I'm not expecting Samuel Johnson to suddenly go completely insane, nor do Funimation's counsel appear to be crazies. I had my hopes up when lolcow lawyer Evan Stone appeared to be on the case, and while he may appear as a witness, he doesn't appear to be acting as counsel.

That said, I don't expect MoRon to stop acting like complete idiots. Or that magnificent autist Casey Erick to stop being Super.
I wonder how Johnson will handle Marchi's Discord gay-ops. I'm not well-versed in legal matters, but it kinda seems to throw most of his defenses out of the water, especially the "my client totally wasn't being malicious guys, c'om" defense.
 
I wonder how Johnson will handle Marchi's Discord gay-ops. I'm not well-versed in legal matters, but it kinda seems to throw most of his defenses out of the water, especially the "my client totally wasn't being malicious guys, c'om" defense.
The best course for him right now is to file the TCPA right away and hope for the best. The more time it takes before they file it, the less likely that more evidence against them won't surface. The problem is, they want discovery to get dirt on Vic, which they claimed to already have, so they won't file the TCPA yet.
 
No one talking about this?

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"Shift a bit"

I'm guessing Nick was by Ty and co to stop talking about the case since the past few days has been kind of a bad look for Vic and co. It's all getting more and more GamerGate everyday.
Speculation at this point.
So {whomever} hasn't asked him to tone anything down wrt the suit? Good to know.

Can he compare milos to snapple?

Will there be a stream/video on excellent BBQ?
 
O-oo-o Joushua Connor Moon-san. You noticed me.

I really am just a rando. It's really funny how everyone thinks I'm someone else.

I legitimately didn't care about the Vic stuff until I saw how vehemently these autists would defend Nick on everything and wouldn't allow any dissenting views.
Starting a fight on the farms. Yep, this will be a slaughter.
 
The best course for him right now is to file the TCPA right away and hope for the best. The more time it takes before they file it, the less likely that more evidence against them won't surface. The problem is, they want discovery to get dirt on Vic, which they claimed to already have, so they won't file the TCPA yet.

The problem now for Marchi is if she files the TCPA she will almost instantly get dragged into discovery regarding the Discord server. See TCPA doesn’t block all discovery. The non moving party can request some limited discovery to fight the motion. That probably won’t end the way Marchi wants.
 
The problem now for Marchi is if she files the TCPA she will almost instantly get dragged into discovery regarding the Discord server. See TCPA doesn’t block all discovery. The non moving party can request some limited discovery to fight the motion. That probably won’t end the way Marchi wants.

A TCPA worth bothering with almost certainly has to address the sparsely-pled civil conspiracy claim. They need to prove a lot more facts to win that claim than they've pled. Ultimately you have to prove specific statements by identifiable parties agreeing to an unlawful act of some sort, in this case a civil tort, and you have to prove it by specific evidence.

This is often very difficult.

At the federal level, under current pleading standards under Iqbal/Twombly, you'd actually have to have these statements available before even filing the pleading, and would not be able to bootstrap your way into discovery by merely pleading conspiracy generally.

I'm somewhat suspicious that while Texas may not have adopted that standard, they still ultimately have to plead more than has been pled. The Discord stuff can't hurt, and there may be other stuff as well.

Apparently, TCPA claims count as a sort of special exception/demurrer and as such, under TRCP, one can respond to them by amending pleadings. Ty has indicated that it would not be surprising if such a thing happened.
 
A TCPA worth bothering with almost certainly has to address the sparsely-pled civil conspiracy claim. They need to prove a lot more facts to win that claim than they've pled. Ultimately you have to prove specific statements by identifiable parties agreeing to an unlawful act of some sort, in this case a civil tort, and you have to prove it by specific evidence.

This is often very difficult.

At the federal level, under current pleading standards under Iqbal/Twombly, you'd actually have to have these statements available before even filing the pleading, and would not be able to bootstrap your way into discovery by merely pleading conspiracy generally.

I'm somewhat suspicious that while Texas may not have adopted that standard, they still ultimately have to plead more than has been pled. The Discord stuff can't hurt, and there may be other stuff as well.

Apparently, TCPA claims count as a sort of special exception/demurrer and as such, under TRCP, one can respond to them by amending pleadings. Ty has indicated that it would not be surprising if such a thing happened.
So, you're thinking that unless Ty completely bungled this case, he has evidence that wasn't shown in the initial pleading to show civil conspiracy?
 
So, you're thinking that unless Ty completely bungled this case, he has evidence that wasn't shown in the initial pleading to show civil conspiracy?

That or he's intending to get it in discovery related to the TCPA motion, which will be available. That would involve a bit of brinksmanship.

However, I think there is already something, and anything that makes that even more substantial improves the situation, and if it would justify amending the pleading to add new allegations, even better. It's the one aspect of the case that has always struck me as potentially problematic.
 
A TCPA worth bothering with almost certainly has to address the sparsely-pled civil conspiracy claim. They need to prove a lot more facts to win that claim than they've pled. Ultimately you have to prove specific statements by identifiable parties agreeing to an unlawful act of some sort, in this case a civil tort, and you have to prove it by specific evidence.

This is often very difficult.

At the federal level, under current pleading standards under Iqbal/Twombly, you'd actually have to have these statements available before even filing the pleading, and would not be able to bootstrap your way into discovery by merely pleading conspiracy generally.

I'm somewhat suspicious that while Texas may not have adopted that standard, they still ultimately have to plead more than has been pled. The Discord stuff can't hurt, and there may be other stuff as well.

Apparently, TCPA claims count as a sort of special exception/demurrer and as such, under TRCP, one can respond to them by amending pleadings. Ty has indicated that it would not be surprising if such a thing happened.
I could be wrong, but doesn't the civil conspiracy claim all tie back to the Funimation investigation on Vic? Couple this with financial gain to firing Vic and a reliable amount of statements of malice towards Vic, wouldn't that be enough to prove civil conspiracy? Especially with how poor the investigation's evidence against Vic that was the sole reason Vic got fired. I think emphasizing how ludicrous the firing was should be able to highlight the not-so-hidden intentions for the other motives to fire him.

I'd hate to think the counter for this argument is that they could claim they keep their obvious discontent with Vic publicly and business matters with Vic privately as two separate matters.
Oh god now you've made me remember that argument is entirely possible and has been done easily before with mountains of evidence against that claim
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I could be wrong, but doesn't the civil conspiracy claim all tie back to the Funimation investigation on Vic? Couple this with financial gain to firing Vic and a reliable amount of statements of malice towards Vic, wouldn't that be enough to prove civil conspiracy? Especially with how poor the investigation's evidence against Vic that was the sole reason Vic got fired. I think emphasizing how ludicrous the firing was should be able to highlight the not-so-hidden intentions for the other motives to fire him.

An issue would be who are the conspirators? And what did they conspire to do? There are also claims that other currently named defendants acted as agents or employees of Funimation throughout this, including Ron Toye himself, who is accused of holding himself out as an agent while Funimation subsequently ratified his actions on their behalf by failing to disavow them.

If someone acts as an agent of a corporation, that is essentially the corporation acting, and one can generally not conspire with oneself. You need at least two legal people involved.

I don't see how they get over the TCPA on the conspiracy thing without putting their cards on the table as to the specifics of the alleged conspiracy.
 
So late and probably full of homo but Nick said things would start slowing down and that we have to avoid infighting aka why we had the whole dumb standing of ISWV livestreams. Things thing accelerated back and Nick tended to cover it whenever. I'm pretty sure he's not going to stop talking about it even if it does make Vic look bad. Nick covers what he sees and it's not like Ty could silence him. We are not blind one sided idiots who believe and do whatever people say.

But if nothing comes in, Nick will talk about stuff like Google and Oberlin once they surface and there's enough to look at. If a major event happened in the Maddox LOLsuit he'd cover that over whatever Soye is Tweeting. I'm not expecting much on Monday regarding the Vic lawsuit other than a quick update and maybe AM talk. Do you honestly think Casey will have produced the needed discovery? Anyone?
 
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