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Legal Scott v. Moon

Public Figures in the legal field such as attorneys.

Christine's Pickles

4 cent garbage
Registered
I have a question for any legal onions: Is Joshua handling this Melinda Scott issue the best he can? It sure does seem like Scott could have been labeled a vexatious litigant on some level before she started filing pro forma pauperis gibberish in federal courts, especially since she racked up so many dismissals (most or all with prejudice?) on the state court level, even trying to name a legally-protected mental health agency in the latest round of lolsuits.

I get that these suits are designed to drain the defendant(s) of money, not necessarily to get a W in court, but this just keeps going on and on, especially when she's dealing with court clerks who go out of their way to ignore a federal judge's order about requiring appeal bonds. What could have been done differently? What could be done to defang her now?
 

noot

cute & funny =
Staff member
Super Moderator
Registered
he wants donations, it doesnt seem he actually wants to win.
 

Christine's Pickles

4 cent garbage
Registered
he wants donations, it doesnt seem he actually wants to win.
He claimed somewhere that he spends $5,000 every time he has to file anything in response to this bullshit, but there are a lot of T&H users on that site, so maybe it doesn't hurt as much. Good point.
 

Sailfish

Owner
Staff member
Global Administrator
I have a question for any legal onions: Is Joshua handling this Melinda Scott issue the best he can? It sure does seem like Scott could have been labeled a vexatious litigant on some level before she started filing pro forma pauperis gibberish in federal courts, especially since she racked up so many dismissals (most or all with prejudice?) on the state court level, even trying to name a legally-protected mental health agency in the latest round of lolsuits.

I get that these suits are designed to drain the defendant(s) of money, not necessarily to get a W in court, but this just keeps going on and on, especially when she's dealing with court clerks who go out of their way to ignore a federal judge's order about requiring appeal bonds. What could have been done differently? What could be done to defang her now?
There are a couple of options that Joshua has.

Move his LLC to a European country with a loser pays provision. In short loser pays means that if you sue someone and you lose, you have to pay the other person's legal fees. However, a lot of these countries are also much tougher with defamation laws than the US. This translates into Josh losing some of his freedom of speech and making some significant changes to Kiwifarms

A binding arbitration/mediation clause. If you sign up for an account with KF you agree to settle settle any disputes through mediation/ binding arbitration rather than through the legal system. It has to be someone that both parties feel comfortable with. This involves Josh coming to the realization that he may have to eat humble pie and make a few changes to Kiwifarms if he wants it to survive. I don't place a lot of confidence in this. The downside to this is that if Joshua agrees to this contractually and then refuses to honor his commitment, it could be seen as evidence that Josh acted in bad faith and make his position in court more vulnerable.
 
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Christine's Pickles

4 cent garbage
Registered
There are a couple of options that Joshua has.

Move his LLC to a European country with a loser pays provision. In short loser pays means that if you sue someone and you lose, you have to pay the other person's legal fees. However, a lot of these countries are also much tougher with defamation laws than the US. This translates into Josh losing some of his freedom of speech and making some significant changes to Kiwifarms
He will probably never go for this. Anything that compromises the "free speech" ideal of KF (well, "free speech" as long as you don't @ him in chat on the wrong day, laugh at his chimpouts, be British, give him a "mad on the internet" rating, ...) is likely off the table.

A binding arbitration/mediation clause. If you sign up for an account with KF you agree to settle settle any disputes through mediation/ binding arbitration rather than through the legal system. It has to be someone that both parties feel comfortable with. This involves Josh coming to the realization that he may have to eat humble pie and make a few changes to Kiwifarms if he wants it to survive. I don't place a lot of confidence in this. The downside to this is that if Joshua agrees to this contractually and then refuses to honor his commitment, it could be seen as evidence that Josh acted in bad faith and make his position in court more vulnerable.
This I actually could see. If Null could find someone who he trusts, who he isn't going to get pissed at/isn't going to piss off in a matter of weeks, and has enough likability/trustworthiness that both Null and the disputing party can expect this person to carry out mediation/arbitration without problematic behavior (i.e. sperging out at them, leaking discussions/proceedings on KF or splinter sites, etc.), it just might work. This, of course, will require a healthy dose of :optimistic:.

It would most likely go sideways the first time, and then the whole idea would wither on the vine like so many before it, though.
 

Sailfish

Owner
Staff member
Global Administrator
He will probably never go for this. Anything that compromises the "free speech" ideal of KF (well, "free speech" as long as you don't @ him in chat on the wrong day, laugh at his chimpouts, be British, give him a "mad on the internet" rating, ...) is likely off the table.


This I actually could see. If Null could find someone who he trusts, who he isn't going to get pissed at/isn't going to piss off in a matter of weeks, and has enough likability/trustworthiness that both Null and the disputing party can expect this person to carry out mediation/arbitration without problematic behavior (i.e. sperging out at them, leaking discussions/proceedings on KF or splinter sites, etc.), it just might work. This, of course, will require a healthy dose of :optimistic:.

It would most likely go sideways the first time, and then the whole idea would wither on the vine like so many before it, though.
Null is going to have to compromise and it's better that he does so sooner than later. Yes he has won legally but that's because the persons that he won against represented themselves (which even Nick Rekieta or any lawyer will tell you thus is the worst option you could choose) while the other person probably had an attorney who was a generalist and just wasn't familiar in this area of law. In other words, it's not his legal skills that got him off, it was the fact that he lucked out. And that's the problem. Null has gotten a false sense of security from this. If Melinda has filed six suits against KF, I wouldn't put it past her to consider initiating a class action suit against KF with a good attorney.
 

Noghoul

Registered
who cares

He claimed somewhere that he spends $5,000 every time he has to file anything in response to this bullshit, but there are a lot of T&H users on that site, so maybe it doesn't hurt as much. Good point.
Remove one or perhaps two zeros from that

Null is going to have to compromise and it's better that he does so sooner than later. Yes he has won legally but that's because the persons that he won against represented themselves (which even Nick Rekieta or any lawyer will tell you thus is the worst option you could choose) while the other person probably had an attorney who was a generalist and just wasn't familiar in this area of law. In other words, it's not his legal skills that got him off, it was the fact that he lucked out. And that's the problem. Null has gotten a false sense of security from this. If Melinda has filed six suits against KF, I wouldn't put it past her to consider initiating a class action suit against KF with a good attorney.
When narcissistic criminals choose to represent themselves the trial end up being hilarious, I'd pay so much money to see some of those.
 
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