Forum - View topicINTEREST: Law and Disorder: Mignogna's Counsel Files, Rescinds Affidavits in 3 Days
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purpleloops
Posts: 29 |
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I'm pretty sure Ty Beard has been a working attorney since 1996. I welcome you to google what the term "litigation" means.
That he's a novice lawyer? I seriously doubt this, but if it's certainly true, then I don't care to argue otherwise.
For all intents and purposes, this is business litigation. The matter of the suit is just defamation and tortious interference. T. Greg Doucette is a criminal litigator, yet a lot of you seem to trust his opinions and interpretations on matters of this case when he too is inexperienced in defamation. That, I don't seem to understand. Dealing with defamation does not have to be a specialty, but a matter of knowing what to argue. It certainly can be, if one has done multiple cases regarding defamation, but otherwise not exactly. Again, Ty Beard and his team are career lawyers. Telling them they have no idea what they're doing, or that they're out of their depth because they did something wrong, makes no sense and is, yes, a bit unwise and/or ignorant, in my opinion.
Sure.
Not sure what your analogy was supposed to convey, but anyway, no, it isn't that deep. It's clearly wrong, and I hope Ty Beard is properly sanctioned, but the fraudulent affidavits do not really matter since they've been withdrawn, so this mountain out of a mill hole is quite melodramatic, in all honesty. It's irrelevant to the TPCA. There is no time in the hearing to argue about affidavits that were thrown out by the plantiff's counsel. The subpoena has moved to quash until the defense feels the need to really act on it. The point right now is to see if Vic has made a prima facie case, and if the defense has made a predominance of the evidence showing their affirmative defenses. That's what matters right now.
I'm sorry, but I'm not exactly sure what this is meant to convey. Yes, there are different types of lawyers who deal in different concentrations, but it isn't as though there is such a thing as a "Defamation lawyer". No. The fact of the matter is that Ty has little experience dealing with TCPAs. Defamation isn't a concentration. It's a matter of argument. In this case: whether Mignogna had been defamed and financially affected by the alleged defamation, and whether if the defendants had tortiously interfered with Mignogna's business prospects by either directly doing so, or through defamation. Because Ty Beard messed up and didn't get a notary doesn't make him "unqualified for this type of case". It just makes him a malefactor. Again, people, we are talking about signatures. In earnest, it isn't that problematic. Yes, it's wrong, but I'm not sure why there's so much urgency and upset behind it.
"Error. Mistake. Fault. Wrongdoing. Major unforced error." Pick your poison.
Even if it did go noticed tomorrow, I highly doubt something will be done about it then and there. Ty Beard will probably be sanctioned on a different day. The point is not to underestimate the opponent. Period. |
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TrailOfDead
Posts: 198 |
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"proceedings initiated between two opposing parties to enforce or defend a legal right."
drawing up wills does not fit under that umbrella most lawyers are not involved in litigation |
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Hei-Yu-in-Tampa
Posts: 30 |
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Both are sworn testimony. The only difference is that one is done before a notary and the other isn't.
I predict that Ty will get a slap on the wrist. |
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ranran-001
Posts: 537 |
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Name at least three civil court cases he has been council of. You won't be able to because Beard has no litigation experience. End of. Here are a couple of things experienced lawyers do not do: 1. Submit their motions to strike four days late. 2. Waste their opportunities to use deposition time to excise as much information they can out of a defendant's testimony. 3. Submit affidavits with forged notary stamps. 4. Submit affidavits with forged signatures. 5. Submit items 3 and 4 four days late. 6. Argue in a blanket statement that everything is hearsay. 7. Refuse to show any evidence that would validate a notarized document 8. Resubmit the same forged notary documents as unsworn but keep a forged signature Those are the many things a good lawyer would not do. None of the defendants' lawyers have done those things. But guess who has done all of them? Ty.
Vic is being subpoenaed today, he will have to show up to court and he would either a.) perjure himself and lie about how his signature got on those documents, or b.) tell the truth which will implicate his lawyer in a notary fraud case. Neither of those two options is going be good today. |
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StarfighterPegasus
Posts: 149 |
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@Purpleloops Just because someone is a Lawyer doesn't mean they can do any case. I wouldn't go to a lawyer who specializes in estate law and expect them to handle my disability claim.
This is why I think Nick is Ty Beard's case runner. He referred Vic to Ty Beard. Case running is frowned upon in the law community and in some states outright illegal. Because you have lawyers taking on cases they have no busy handling, robbing the client of a good attorney. When I called Ty Beard a novice I meant in the field of defamation law, which requires a very good attorney to handle. Because its really hard to prove defamation. If Defamation was really that easy, people would be filing defamation lawsuits every time someone said something mean about them online, overwhelming the court system. So safeguards are put in place to prevent this. |
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SyranoGravely
Posts: 72 |
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Such experience. Much lawyer. Wow.
https://twitter.com/ottovonbisbark/status/1169991626342768640?s=19 |
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JustinTaco
Posts: 118 |
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https://twitter.com/ottovonbisbark/status/1169981955275968512 Full livetweet thread of today's proceedings here |
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SyranoGravely
Posts: 72 |
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Marchi dismissed on everything!
https://twitter.com/ottovonbisbark/status/1170007513875587072?s=19 |
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Gem-Bug
Posts: 1207 |
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This is -outstanding-. |
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SyranoGravely
Posts: 72 |
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And here's the full livetweet thread from law Twitter at present:
https://twitter.com/LizaGaines/lists/threadnought-hearing |
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Dessa
Posts: 4438 |
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I personally thought that this comment from the judge was golden:
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Expias
Posts: 176 |
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For anyone who kept going "twitterlawyers or you don't get to decide on if Vic is at the very least a LPPF (Limited Purpose Public Figure)", well Judge Chupp just said he agrees he thinks Vic is a LPPF.
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Redbeard 101
Oscar the Grouch
Forums Superstar Posts: 16935 |
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Let's cease with all the links and gossipy discussion on the live tweets please. That's not the specific topic here and it's honestly tacky. Not to mention they're just the claims of the person doing it unless there is video/audio corroboration. Once an actual news/interest article comes up (which it no doubt will very soon) on today's proceedings, that verifies things, then everyone can comment on them.
Last edited by Redbeard 101 on Fri Sep 06, 2019 11:52 am; edited 1 time in total |
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Aresef
Posts: 909 Location: MD |
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According to the thread, the judge agreed Vic is a limited purpose public figure. That's devastating for his prospects against the remaining three defendants.
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wingweaver84
Posts: 74 |
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I think I'm beginning to see why a new Hetalia season hasn't come out for awhile. They already had to replace England's VA because he was arrested for child pornography,and now there's no one to voice Greece. Now Christoper Sabat,one of the other biggest names in the biz,has been implicated in all of this. Not to mention that FUNimation does not have policies on sexual harrasment.
If I can stick to it,I will not buy anything else dubbed by FUNimation,and I will therefore(unless it's by another dubbing company)watch anime in Japanese.(And I am not claiming that Japanese seiyuus are not doing the same thing,but you just don't hear of it like you do American VAs). |
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