Heirs of the body of Angelina Silva Englisbee vs. Patrick Crusius, Jim Watkins (8chan), Matthew Prince (Cloudflare), Fredrick Brennan, Anons on /pol/

[Takodachi]

Seeing hotwheels panic is hilarous. I seriously hope the family goes full retard and push the lawsuit as far as they can, if anything, just to see that little shit squirm. Isnt negligence too much of a broad term to be realistically used in this case?

 

[mindlessobserver]

Seeing hotwheels panic is hilarous. I seriously hope the family goes full exceptional individual and push the lawsuit as far as they can, if anything, just to see that little shit squirm. Isnt negligence too much of a broad term to be realistically used in this case?

Of course it is. They would need to show that 8chan and a bunch of random anons either facilitated the crime directly or stood by and let it happen when they could have done something to prevent it.

 

[fat ugly sped]

Not a lawyer, this isn't legal advice, but here's what I'd do in Hotwheel's shoes:

1. Send a polite email to their lawyers laying out your net assets and how suing you is pointless because even if they win you'll just be forced to file bankruptcy and their client will get zero money out of you.

2. Additionally include that you intend to challenge jurisdiction and assert a section 230 Communications Decency Act defense

3. Follow up by figuring out how to challenge jurisdiction

4. Draft a motion to dismiss based off section 230

 

[Yotsubaaa]

Is it prudent to sue the family of the shooter?

That seems pretty fucked up tbh.
Ya know, sins of the father and all.

Here's a quote from their lawyer James Scherr in that El Paso Times article:

This also includes the families of mass shooters he said, noting "many times, the apple doesn't fall far from the tree."

So yeah, unironically what you said.

http://archive.li/7zmMt
Hotwheels can't afford a lawyer and is looking to represent himself. Despite it seeming like a straightforward case, he will need to lawyer up - he's up against people who do this for a living. A competent lawyer will be able to get this handled quickly, but hotwheels is not a competent lawyer: he isn't trained at it. He might be able to get by, but there's no guarantee of it.
I'm just happy though, he is going to end up with most of his money burnt to the ground
Wyświetl załącznik 991151

On that note, I have a question for the law-knowledgeable. Is Fredrick's tentative plan to continue his lawyer-LARP as disastrous as it sounds? Like, is there a chance that Watkins, Cloudflare et al. manage to argue out of the suit, but Fredrick fucks it up and is left holding the bag for it all? Or does it not work that way?

 

[mindlessobserver]

Here's a quote from their lawyer James Scherr in that El Paso Times article:

So yeah, unironically what you said.


On that note, I have a question for the law-knowledgeable. Is Fredrick's tentative plan to continue his lawyer-LARP as disastrous as it sounds? Like, is there a chance that Watkins, Cloudflare et al. manage to argue out of the suit, but Fredrick fucks it up and is left holding the bag for it all? Or does it not work that way?

It's in general a very bad idea to do any legal stuff without a lawyer. Its not just a question of knowing the law, you also gotta know the proper procedures for filing things and so on. If he want to rep himself he would also have to go in person, attend conferences with opposing and co-counsel, etc. It would probably be just as expensive to just pay a local ambulance chaser to show up in his stead and tell the idiots to fuck off.

 

[fat ugly sped]

Here's a quote from their lawyer James Scherr in that El Paso Times article:

So yeah, unironically what you said.


On that note, I have a question for the law-knowledgeable. Is Fredrick's tentative plan to continue his lawyer-LARP as disastrous as it sounds? Like, is there a chance that Watkins, Cloudflare et al. manage to argue out of the suit, but Fredrick fucks it up and is left holding the bag for it all? Or does it not work that way?

Fredrick doesn't have enough money to pay for a lawyer. Even if there's a judgement for $1mil against him, all the plaintiffs can do is try to seize whatever money Fredrick has and force him to hire a bankruptcy attorney.

Like, for a lot of things, the worst-case scenario is you declare bankruptcy. There's a good chance that 100% of Fredrick's assets are bankruptcy-exempt, so all that'll do is make him pay for a bankruptcy attorney. So, yeah, not really a big deal. "Can't get blood from a stone" and all that, which means things aren't too bad if you're the stone.

 

[4Macie]

This is like Karen suing the Grocery Store for the apples that Grandma put into her pie that choked her son Chad. Like it’s not the Grocery Stores fault that grandma used their apples in her pie.

8chan isn’t responsible for the bullshit others post. Suing them does nothing. And it certainly doesn’t “stop the hate”. Any lawyer wiling to take this case is scum. They’re abusing the feelings of a grieving family for money and a name in the game.

 

[MuuMuu Bunnylips]

"We're trying to set a new standard that those people can lose everything financially they have that is attachable to them by law if they are going to do this type of activity," Scherr said.

This also includes the families of mass shooters he said, noting "many times, the apple doesn't fall far from the tree."

I'm pretty sure that's awfully close to slander.

 

[Sheryl Nome]

Pretty sure they're going to try and hold all the defendants joint and severally liable and so it doesn't really matter what hotwheels does

 

[HumanHive]

I can't wait until we see automaker's found liable for car crash deaths, or the mothers of terrorists found liable for knowingly and deliberately gestating the spawn of Satan for nine months. And hey, why stop there? Why not sue paper manufacturers for failing to stop a serial killer from writing taunting letters to the cops on THEIR PAPER!

 

[Pineapple Fox]

I can't wait until we see automaker's found liable for car crash deaths, or the mothers of terrorists found liable for knowingly and deliberately gestating the spawn of Satan for nine months. And hey, why stop there? Why not sue paper manufacturers for failing to stop a serial killer from writing taunting letters to the cops on THEIR PAPER!

Or the gun manufacturers that made the firearm that killed the victim

 

[Scandinadian Bacon]

It's not just DPRK which punishes families, it's a lot of Asian countries. If you kill yourself in Japan by jumping in front of train tracks, your family gets fined. If you become a political dissident in China, your family's social credit score is harmed as both a punitive measure and to encourage families to keep children in line with party values. It's very effective for what it does, so expect it in the West eventually.

Gonna be a lot of mass shootings in the West when that starts to happen.

On a less hyperbolic subject though, I feel like the family that started this case is just going to get bombarded with abuse now. Why poke the hornet's nest? They already lost their kid, now people will specifically target them in this vulnerable time to make things worse. And I won't be the least bit sympathetic at that aspect of this.

ALSO MORE DDOS WHAT A SURPRISE

 

[Dumb Bitch Smoothie]

I think this definitely counts as a frivolous lawsuit.

 

[AnOminous]

Not a lawyer, this isn't legal advice, but here's what I'd do in Hotwheel's shoes:

1. Send a polite email to their lawyers laying out your net assets and how suing you is pointless because even if they win you'll just be forced to file bankruptcy and their client will get zero money out of you.

2. Additionally include that you intend to challenge jurisdiction and assert a section 230 Communications Decency Act defense

3. Follow up by figuring out how to challenge jurisdiction

4. Draft a motion to dismiss based off section 230

Or if you're Freddo, contact the lawyers for the other side and let them know you would not only settle and testify for them, but do it enthusiastically because you hate the defendants even more than they do. He'll probably try that. Whether it works depends on exactly what the fuck the plaintiffs want out of this case and why.

I think this definitely counts as a frivolous lawsuit.

Considering it's in Texas we'll probably see some hot and heavy TCPA action.

 

[Harvey Danger]

Considering it's in Texas we'll probably see some hot and heavy TCPA action.

Please, God, let it be less exceptional this time around.

 

[Sheryl Nome]

Please, God, let it be less exceptional this time around.

The power of the Weeb Wars lolsuit exceeds all expectations, every time it would calm down it gets a zenkai boost.

 

[fat ugly sped]

Or if you're Freddo, contact the lawyers for the other side and let them know you would not only settle and testify for them, but do it enthusiastically because you hate the defendants even more than they do. He'll probably try that. Whether it works depends on exactly what the fuck the plaintiffs want out of this case and why.



Considering it's in Texas we'll probably see some hot and heavy TCPA action.

It's in federal court, the TCPA has recently been held to only apply in state court actions. This fucked over Waid, who has been slowly exhausting jurisdictional arguments and lost his ability to file a TCPA.

 

[moocow]

Its not just a question of knowing the law, you also gotta know the proper procedures for filing things and so on.

Meh. Courts are generally pretty forgiving about procedural mistakes made by pro se litigants (especially defendants). They tend to recognize that screwing somebody over with procedural crap, who's otherwise making a compelling argument in good faith without the aid of an attorney, is a bad look. As long as you show up on time, submit everything in (typed) writing to the court and send copies to opposing counsel, don't waste time with bullshit motions, speak respectfully to the judge and don't sperg out in court, you'll generally get a pass for procedural fuckups.

 

[AnOminous]

It's in federal court, the TCPA has recently been held to only apply in state court actions. This fucked over Waid, who has been slowly exhausting jurisdictional arguments and lost his ability to file a TCPA.

No it isn't. It's in state court, at least according to a post earlier in the thread.

 

[DogEatDogFood]

Ahem (Clears throat and drinks water)




FUCKING BOOMERS!!!! REEEEEEEEEEEEEEEEEEEEEE!!!!!!