Everyone and their dog is filing a libel suit these days, wtf...https://twitter.com/JoeMyGod/status/1176991980787683328 …
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The LOLsuit for libelslander Alex Jones filed against @BriannaWu, @andrewkimmel, and @TheYoungTurks is available here: https://s9503.pcdn.co/wp-content/uploads/2019/09/Alex-Jones-v-Young-Turks.pdf …
It's somehow even less-competently done than the Vic Mignogna LOLsuit (see, as just one of many examples,
the 2 errors in the caption)pic.twitter.com/3KCleMQqzB
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Correction: after reading the suit, there are now 3 errors in the caption
Robert Barnes really f*cked this one uphttps://twitter.com/greg_doucette/status/1177021311010430976 …
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Filed federally, but in Texashttps://twitter.com/exkage/status/1177022473885216768 …
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You found 1 of 3! (The 2nd is minor, discovering the 3rd requires reading the LOLsuit)https://twitter.com/massoluk/status/1177022033936314368 …
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Added by me, b/c Twitter's reporting system is easily gamed and I don't want to end up with a false-flag suspension for the 3rd time in a monthhttps://twitter.com/aricohn/status/1177025158827167746 …
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Fair to say Robert Barnes is the Scott Adams of Ty Beards?
https://twitter.com/popehat/status/1177023839680647174 …Show this thread -
Not sure, what are your PowerBall picks for the next drawing?
https://twitter.com/apark2453/status/1177024861547499520 …Show this thread -
Depends on how it's handled. The Fifth Circuit recently held that the TCPA doesn't apply in federal court (Klocke v Watson) b/c it conflicts with the Federal Rules of Civil Procedure However... 1/https://twitter.com/julierei/status/1177023134920130561 …
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...a defendant in a federal lawsuit can challenge the basis for the case being in federal court. They just have to do that *before* filing an Answer (which "waives" / gives up a venue dispute) If
@BriannaWu's lawyer does that first, it could go to state court 2/@juliereiShow this thread -
If it ends up in Texas state court, the TCPA applies and all of the Defendants can move for dismissal + sanctions It wouldn't be a contribution to
@BriannaWu's campaign in a literal sense of course, but I'm sure the $$$ would help
3/3
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You found Error #3!
(Error #2 was just failing to include the case number. Not required, but since ECF gives you the case number before you reach the screen for filing the document, competent attorneys put it in the PDF before uploading)https://twitter.com/californiasalvo/status/1177029093520564224 …Show this thread -
Correct, though this is a substantive error in the body of the suit itself – of which there are many many manyhttps://twitter.com/aquavelvaboy/status/1177032018590412801 …
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An (b)(1) SMJ argument can be made whenever, but I was thinking a (b)(2) PJ argument b/c I'm not sure any of the defendants have minimum contacts with TX: Wu is in MA, TYT is in CA I think?, and I'm not sure who the actual 3rd D is b/c of Barnes's errorhttps://twitter.com/connollyip/status/1177031289540632576 …
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(For non-lawyers: SMJ == Subject Matter Jurisdiction, the legal authority for a court to hear a case; PJ == Personal Jurisdiction, the ability for the court to wield its power over a particular individual.)
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(The Federal Rules of Civil Procedure Rule 12 provides 7 different ways to dismiss a case via motion. Subparts (b)(2)-(5) get waived / given up if they're not made before filing an Answer to the lawsuit) https://www.law.cornell.edu/rules/frcp/rule_12 …pic.twitter.com/CRNM7z8SJH
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Barnes certainly has the Percyesque arrogance coupled with a total non-understanding of the law. It'd be a close match!https://twitter.com/facade98/status/1177023379557122050 …
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I didn't even notice the COS date
https://twitter.com/jeffreynye/status/1177028565071736832 …Show this thread -
You're not confused, the lawsuit is just done that poorly https://twitter.com/thechrissel/status/1177032208827199488 …
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Given the other errors in the lawsuit, it's not out of the question I also wonder if they complied with the Texas Defamation Mitigation Act before filing
https://twitter.com/spoonshiro/status/1177039334857306112 …Show this thread -
Somehow you're not actually mentioned anywhere in the LOLsuit outside of the caption though Let us know if you or
@markfollman get served first so we know who Jones is actually trying to sue?https://twitter.com/andrewkimmel/status/1177021831997341697 …Oh, this is interesting https://twitter.com/greg_doucette/status/1177021311010430976 …Show this thread -
I remember this case! Scads of MAGAts in my @'s swearing I was wrong when I said it would get dismissed, who were magically nowhere to be found when it was dismissedhttps://twitter.com/asfleischman/status/1177041859652280321 …
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Hard to say, federal court moves *really* slowly
https://twitter.com/profzboreak/status/1177036695990128642 …Show this thread -
As of now, no There's a complicated dance that could be done depending on the domicile of the members of TYT LLC though (e.g. if they're in Cali, you'd fight venue in Texas and try to get it moved to Cali instead, where 9th Circ says TCPA can apply)https://twitter.com/ligerzerogaming/status/1177043199271026688 …
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Nope. One of the things I would love to see get enacted before I diehttps://twitter.com/mseraphimsl/status/1177023966759849984 …
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It's so poorly done I wonder if the court would entertain Rule 11 sanctions?
(For the non-lawyers: federal Rule 11, not Texas Rule 11 which is wildly different)https://twitter.com/aquavelvaboy/status/1177043124763467777 …Show this thread -
Also, can I just say I love that so many of you have been making Percy-related jokes in this thread?
I saw someone tweet "that's a rational inference" and nearly chokedShow this thread -
That entire trilogy was greathttps://twitter.com/kurenaixiii/status/1177046225922576384 …
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Typically in federal court you first ask the Defendants to voluntarily accept service of the summons, so we'll see if / when summons requests get docketed in PACERhttps://twitter.com/rollandbee/status/1177046495687634944 …
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The only thing defamation per se means is that there is at least $1 in damages that is presumed They still have to prove all of the other elements, including actual malice https://twitter.com/thechrissel/status/1177046806733213701 …
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Unlikely. Barnes isn't aware of much tbhhttps://twitter.com/californiasalvo/status/1177046848835641345 …
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