#KickVic Legal Defense Strategies - Top Strat Revealed: Cite Tumblr and PULL and Defame Vic directly in Legal Filings

[Kosher Salt]

I'm not seeing the alternate. It's not two defenses. It's one defense, and it relies on the retraction letter being sent over 90 days after the defamation, and he testified to the retraction letter being sent no more than 79 days after the earliest defamation it addressed in the immediately preceding paragraph.

That's not alternate pleading, that's just pure stupidity.

There's a tiny four paragraph section of this required to be filed under oath that subjects you to perjury, and this dumb bastard can't even get that section right.

Ok. Yes, that's true, alternate pleading just allows one defense to contradict another defense. If a defense contradicts itself, it can't be a valid defense.

Nick mentioned that they're not allowed to add any defenses to their answer later, and he speculated that they cited every possible defense "just in case" they turned up anything in deposition later. Apparently they wouldn't be able to use a defense if they didn't already cite it in their original answer. I don't know if it's a Texas specific thing, but it sounded like he thought that was the reason why they tried to claim statute of limitations when the actions were clearly within limitations. Although he also said that the statute of limitations starts when the harm is incurred, which would mean when Vic got fired, which was certainly within the limit.

 

[AnOminous]

I don't know if it's a Texas specific thing, but it sounded like he thought that was the reason why they tried to claim statute of limitations when the actions were clearly within limitations. Although he also said that the statute of limitations starts when the harm is incurred, which would mean when Vic got fired, which was certainly within the limit.

That's statute of limitations for the case. The verified section is for the Texas Defamation Mitigation Act, which requires the retraction request be sent within 90 days of the statements being made.

This was a very important part of the answer, required to be made under oath, and which determines whether punitive damages are available, and Casey fucked up this completely critical section, possibly tripling damages to the defendants. It might not be actionable malpractice since they weren't going to win on that anyway, but it's still not good.

 

[RodgerDodger]

I'm not seeing the alternate. It's not two defenses. It's one defense, and it relies on the retraction letter being sent over 90 days after the defamation, and he testified to the retraction letter being sent no more than 79 days after the earliest defamation it addressed in the immediately preceding paragraph.

That's not alternate pleading, that's just pure stupidity.

There's a tiny four paragraph section of this required to be filed under oath that subjects you to perjury, and this dumb bastard can't even get that section right.

Is failing at grade school math actually consider perjury? Or is that simply inept and incompetant stupidity? With a different remedy?

 

[AnOminous]

Is failing at grade school math actually consider perjury? Or is that simply inept and incompetant stupidity? With a different remedy?

Perjury has an intent requirement, so probably no.

 

[Next Task]

If there's anything I've learned from politicians and companies that fuck up, it's that being seen as a moron is infinitely preferable to being seen as a liar, because incompetence is much less prosecutable. It's why so many hearings and the like involve the words 'I don't recall' and 'I wasn't aware'.

So in this case from what I can tell, Casey technically committing perjury will be put down to him being a dumbass rather than intentionally misleading the court, because only one of them can cause legal problems.

 

[HideakiAnno]

Lmao defendants are fucked

 

[AnOminous]

So in this case from what I can tell, Casey technically committing perjury will be put down to him being a dumbass rather than intentionally misleading the court, because only one of them can cause legal problems.

Perjury has to be on purpose and there's no comprehensible reason Casey would want to nuke his own defense, much less one that potentially triples the damages in the case.

 

[RodgerDodger]

Perjury has to be on purpose and there's no comprehensible reason Casey would want to nuke his own defense, much less one that potentially triples the damages in the case.

Perjury has to be on purpose and there's no comprehensible reason Casey would want to nuke his own defense, much less one that potentially triples the damages in the case.

Let's not be too hasty here. I mean Casey has met his clients. Been in the same room as them. I don't rule out he hates them as much as everyone else does. I mean I know Lawyers are like Priests and supposed to look past that and provide aid and services, but damn RonRon is gonna be a hard one.

 

[Bender]

Honestly, my favourite part of this whole shitshow is @AnOminous giving his legal opinions, whilst shit-talking the defendants at any chance he has. The first part is educational, since I don't know how courts work or anything about Texas law, the second part is simply fucking hilarious, since I know how funny works. He's basically a more condensed Rekieta Law, much more blunt and willing to call people out in a way Nick can't without getting himself demonetized.

 

[Urbanmech]

I'm still laughing at Paragraph 6 basically throwing Rooster Teeth under the bus due to implying RT did a Vic investigation also. If Casey was not doing that he could have replaced para 6 with 8 since they mention the Funi investigation in it and not implied such a thing.

 

[TheClappening]

He's basically a more condensed Rekieta Law, much more blunt and willing to call people out in a way Nick can't without getting himself demonetized.

We've yet to see @AnOminous and Nick Rekieta in the same room.

 

[RodgerDodger]

Am I wrong in thinking that the main Legal Defenses displayed so far involves a lot of sticking fingers in their ears and going "NYAYAYAYAYAYA! You Can'y See Me!" I think Toye is trying to learn Jedi Mind tricks to use in court. An almost valid plan if he wasn't trying to learn them from Shane. Shane is that third type of Jedi. They have the Light Jedi, Dark Sith and Greasy Shoepoachers

 

[Commander]

https://twitter.com/AkivaMCohen/status/1139022800327499776

Akiva Cohen on Twitter: "Pretty often, actually, especially since the…

archived 13 Jun 2019 22:24:02 UTC

archive.fo

So playing dumb, I guess you could see these people exaggerating since they are saying things so out there you'd have to be exceptional to believe they are true BY THEIR TWEETS ALONE. Let's just take a minute and see what these people are saying:

-He assaults fans in public
-He makes cons dangerous
-He's assaulted over 100 women

Now let's see what these people did:

-Sent messages and texts that to cons saying they couldn't attend if he was there for their safety
-followed through with many VAs dropping from Kameha Con
-literally setting up a con not far from Kameha Con with much less security from "threats"
-leaked confidential info to journalists
-were very active when discussing said topic

So for the autists, what is hyperbole? It is, from memory, a statement of extreme exaggeration, typically of something that is true. So either you are going to have to prove these are true or that they are so obvious of lies that they couldn't be believed by anyone. To a group of people who will have trouble comprehending how a 50 year old man voices a 14 year old boy with magical animu powers.

 

[Tour of Italy]

Wyświetl załącznik 799070

https://twitter.com/AkivaMCohen/status/1139022800327499776

Akiva Cohen on Twitter: "Pretty often, actually, especially since the…

archived 13 Jun 2019 22:24:02 UTC

archive.fo

So playing dumb, I guess you could see these people exaggerating since they are saying things so out there you'd have to be exceptional to believe they are true BY THEIR TWEETS ALONE. Let's just take a minute and see what these people are saying:

-He assaults fans in public
-He makes cons dangerous
-He's assaulted over 100 women

Now let's see what these people did:

-Sent messages and texts that to cons saying they couldn't attend if he was there for their safety
-followed through with many VAs dropping from Kameha Con
-literally setting up a con not far from Kameha Con with much less security from "threats"
-leaked confidential info to journalists
-were very active when discussing said topic

So for the autists, what is hyperbole? It is, from memory, a statement of extreme exaggeration, typically of something that is true. So either you are going to have to prove these are true or that they are so obvious of lies that they couldn't be believed by anyone. To a group of people who will have trouble comprehending how a 50 year old man voices a 14 year old boy with magical animu powers.

The second they made concrete recommendations of action, they raised the floor for their allegations from small things being exaggerated to serious enough to disinvite, which they damn better prove. And they have not thus far offered any substantive proof, and failing to do so will make the exaggeration defense even less plausible.

Ironically, them being deliberately vague about specifics while recommending his “cancellation” could arguably be seen just as strongly as defamation.

 

[AnOminous]

Wyświetl załącznik 799070

https://twitter.com/AkivaMCohen/status/1139022800327499776

Akiva Cohen on Twitter: "Pretty often, actually, especially since the…

archived 13 Jun 2019 22:24:02 UTC

archive.fo

So playing dumb, I guess you could see these people exaggerating since they are saying things so out there you'd have to be exceptional to believe they are true BY THEIR TWEETS ALONE. Let's just take a minute and see what these people are saying:

-He assaults fans in public
-He makes cons dangerous
-He's assaulted over 100 women

Now let's see what these people did:

-Sent messages and texts that to cons saying they couldn't attend if he was there for their safety
-followed through with many VAs dropping from Kameha Con
-literally setting up a con not far from Kameha Con with much less security from "threats"
-leaked confidential info to journalists
-were very active when discussing said topic

So for the autists, what is hyperbole? It is, from memory, a statement of extreme exaggeration, typically of something that is true. So either you are going to have to prove these are true or that they are so obvious of lies that they couldn't be believed by anyone. To a group of people who will have trouble comprehending how a 50 year old man voices a 14 year old boy with magical animu powers.

I'm pretty sure "he personally raped me" isn't "hyperbole." This dumb motherfucker doesn't even know what allegations Vic is claiming are defamatory.

Yet he is vomiting up his uninformed opinion, after admitting he's read none of the documents in the case.

 

[Urbanmech]

I'm pretty sure "he personally raped me" isn't "hyperbole." This dumb motherfucker doesn't even know what allegations Vic is claiming are defamatory.

Yet he is vomiting up his uninformed opinion, after admitting he's read none of the documents in the case.

Those TMDA letters are not put into the court system correct?

 

[AnOminous]

Those TMDA letters are not put into the court system correct?

No, they aren't. Until they are, because someone put them there.

 

[TheClappening]

Those TMDA letters are not put into the court system correct?

From Vic's original complaint:

(35) In fact, Ronald (a Funimation agent or employee) has tweeted more than 80 times that Vic sexually assaulted or assaulted Monica, more than 10 times that Vic sexually assaulted or assaulted three of his “very close friends,” more than 10 times that Vic has been accused of hundreds and possibly thousands of assaults, and at least 17 times that Vic is a “predator.”

Even without the TDMA documents, the original complaint has some per se defamation.

 

[Urbanmech]

No, they aren't. Until they are, because someone put them there.

I guess the KV lawyers thought people would not look into this and see how stupid their takes are on this. Have they not asked Texas lawyers their thoughts on the TDMA? Because I have a feeling a huge chunk of them think its just as stupid as all the out of state lawyers think it is, but they have to play ball with it or else they could lose their clients money in the end.

 

[AnOminous]

I guess the KV lawyers thought people would not look into this and see how stupid their takes are on this. Have they not asked Texas lawyers their thoughts on the TDMA? Because I have a feeling a huge chunk of them think its just as stupid as all the out of state lawyers think it is, but they have to play ball with it or else they could lose their clients money in the end.

The obvious criticism of the TDMA and its quaint insistence that you inform the potential defendant of every possible thing they need to retract is that it is nearly archaic. This is a requirement that makes sense when everyone who gets sued for libel is a journalist, and the one thing you are suing them for is their column in a newspaper where they called you a pederast.

They can simply retract it in that very same column.

Or, perhaps, it is the sordid tell-all unauthorized biography the celebrity is suing you about.

This law has absolutely no connection to the reality where you are suing some crazed weasel of a person like Ron Soye who literally tweets hundreds of defamatory things, sometimes in the very same day.