Upgrade your account to a Community Supporter account and remove most of the site ads.

Reply to thread

Message: <blockquote data-quote="Wincenworks" data-source="post: 9159361" data-attributes="member: 7038835">I don't think that's the case. I think his attorney is burned out and used to operating either as criminal defence or second chair, so is out of his depths when it comes to civil procedure.The original claim, and the amended one both have a failing to "speak to the facts" which suggests to me he's used to "putting the opposition to the proof" which is basically the strategy of last resort in criminal defence. Similarly he overplays being the good guy in this - which works if you're representing a very sympathetic client, but not so well when it's a millionaire tattoo shop owner who posts all kind of reactionary content.Defamation is usually a plaintiff's tort, they start the ball rolling and then it's up to the other side investigate and disprove everything (which why Vivek got a truly staggering legal bill from her own counsel in the case where Zak S was awarded $1 + costs) but like, in this case he hasn't clearly set up what the actual defamation is... just copy-pasted out of textbooks and then asked the judge to watch some YouTube videos.There's lot of things that have been going on, but it seems his lawyer is genuinely drafting these, just he's doing it... in a manner that doesn't seem to match what you'd expect given his credentials etc.I removed the paragraph since it's not having the intended illustrative effect, and I have no wish to make more work for the mods - but I do wish to point out that the reason Anti-SLAPP laws exist is precisely because it is widely agreed that the chilling effect of people's opinions through the threat of meritless suits is considered a bad thing in the modern societies we live in.Also "technically correct" is the best kind of correct in these kinds of cases, which has been the problem for many people charged with defamation in the cases above but also why Justin's lawyer is floundering chaotically in this case - he can't point to a single statement and yell "Ah ha!"</blockquote>

Verification