TSR How Appealing! Is the nuTSR Appeal Bananas?

I mean, as the losing party, isn't LaNasa the one paying for Tenkar's lawyer, as well as his own, as well as the court?
Costs are only awarded under very specific situations in the US.

However, by lodging this appeal, Justin is essentially inviting Tenkar's lawyers to request a do-over on whether Tenkar should have received costs on the dismissal so... it's not exactly a safe option for him.
 

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jdrakeh

Front Range Warlock
It's a very expensive way to stay in the court game. Appeals, like everything else, are not cheap. Lanasa is hemorrhaging money badly.

My father once defended Massey Ferguson against a lawsuit by a plaintiff who became paralyzed (and, thus, lost his day job as a surgeon) due to the failure of an aftermarket modification to one of their tractors made by the plaintiff's own hand. Some plaintiffs are just unable to accept a loss or bear responsibility for their own actions. This describes Justin, I think.
 
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Yup. At this point enough kinds of torts have been established and defined that virtually anything that actually IS a tort is going to be known by now. And courts are not going to want to go out on a limb in essentially recognizing/inventing a new kind unless the circumstances are really extraordinary.
Even when they do decide to do so, conventionally they first look to see if they can borrow a tort some other jurisdiction has already recognized and refined a bit.

NZ was really, really cautious about introducing Intrusion On Seclusion and currently has a Supreme Court case going on with an activist attempting to create a new tort that's based on Nuisance. Part of the problem is its a very novel tort, so the general argument is "would it be fair to anyone to change the rules now?"
 

Azzy

ᚳᚣᚾᛖᚹᚢᛚᚠ
It's a very expensive way to stay in the court game. Appeals, like everything else, are not cheap. Lanasa is hemorrhaging money badly.
And he only has himself to blame (not that that will stop him from trying to place the blame, broadly, the progressive (though I'm sure a different word would be used).
 

MGibster

Legend
They ought to settle this like men did in the 1970s. Each one would roll up a Fighting Man and the two characters would met on the grid map of battle for honorable one-on-one combat. Whoever wins would get the DM's, er, that is the court's favor.
 

Gradine

The Elephant in the Room (she/her)
Banana bread rules

Banana Bread Cat GIF
 

Gus L

Explorer
It's absolutely a bizarre filing and the inclusion of weird stuff like Prima Facie tort is in my opinion a classic sign of a doomed pleading, a doomed pleading perhaps by someone who is listening to Sov. Cit. nonsense or some other brand of internet "The law is a series of magic words" sort of legal advice. It's also sadly incredibly common.

Appeals though ... I am sort of surprised, because an appeal is fairly technical thing to get an appeal right (not that we know they have entirely done so yet) and the filing fees are often fairly high ($6-7K in CA last time I checked which was maybe ten years ago).

Though frankly it's increasingly common to see wild ass defamation claims from the circles these guys run in. I wouldn't call this sort of claim a SLAPP exactly, more a modern evolution that the courts haven't really dealt with (and whose existence beclowns them - just like Defamation torts, the SCOTUS, and IP more generally law tend to...) Heck the courts have stumbled on actual SLAPP's as well... NY has only had any teeth since 2020 for example.

Anyway, what I'm talking about is a tactic pioneered by a certain brand of internet troll or maybe a specific guy who I will not name (not involved in RPGs though), and it's almost always about two things as far as I can tell.

1) Publicly punishing and harassing the defendant under color of law - one can use one's wild filings and claims to whip up a hate mob and since it's public record in a court case it itself can't be defamation. It can be quite effective.

2) Offering one's true believers a reason for one's failure in court, and providing a way to rally them back to the cause. The goal then is to crowdfund more then the attorney fees and maintain one's cadre of supporters, at least for as long as one can drag out the appeal or until one can gin up some new outrage - it frequently seems to work.

Let's call this tactic a SLSIC "Strategic Lawsuit Seeking Internet Clout".
 

Snarf Zagyg

Notorious Liquefactionist
Supporter
1) Publicly punishing and harassing the defendant under color of law - one can use one's wild filings and claims to whip up a hate mob and since it's public record in a court case it itself can't be defamation. It can be quite effective.

I hadn't thought about this aspect before. One thing people should be aware of is that, absent very unusual circumstances, all court documents are public records.

Back in the day when you had to go to the courthouse and review them, that wasn't generally a big deal (anonymity through obscurity). Now, with the internet ... it's different. It's not bad- we don't want Star Chambers, and the court is a public resource, but it does mean that whatever you do (and file) in court will always be around. Something to think about.

But the other issue is, of course, just inflicting (monetary) pain on people.

 

Gus L

Explorer
I hadn't thought about this aspect before. One thing people should be aware of is that, absent very unusual circumstances, all court documents are public records.

But the other issue is, of course, just inflicting (monetary) pain on people.
Oh yeah costs - I mean the courts actually seem to feel bad about awarding Anti-SLAPP fees to you, unless you're a celeb or already rich. Plus of course - it's fairly easy to evade paying up if you give no F*'s.

Perhaps revealing a bit much about myself... This has unfortunately been part of my practice a fair bit in the last ten years. It's worth thinking about. I know people who haven't brought viable cases for fear of online stalking and harassment (like just breach of contract). The issue is that defamation laws have always been for the rich and socially connected, but with the magic of the internet it's gotten democratized and much worse in the last 10 years. If there's a legal lesson coming out of MeToo I think sadly that it's being on good terms with the local gangsters is better for achieving justice then bring a true case to a US court.

I could get really f'ing dark with the stuff I've seen ... but I'll leave it there. Basically the courts tend to run around waving their arms and going "Oh gosh my decorum! My majesties" while there are entire forums of creeps organizing to get someone's ex-killed for the crime of bringing a DV action.
 

Gus L

Explorer
They ought to settle this like men did in the 1970s. Each one would roll up a Fighting Man and the two characters would met on the grid map of battle for honorable one-on-one combat. Whoever wins would get the DM's, er, that is the court's favor.
There's actually an interesting bit of legal scholarship to be written about Gary Gygax's litigation history, starting with his acting as a witness in an Insurance case around a guy that tried to pull the "I'm buying life insurance and then doing myself in" thing.

The decision around the MMII's royalties and are actually vaguely citable and cited.
AD&D and the Basic Set can even both be viewed as sort of thaumaturgic law nonsense attempts at avoiding paying royalties. Heck even B2's existence owes something to Gygax backing out of a failed extra legal (not illegal or anything) effort to push Arneson around about royalty money.

Point being Gygax at least liked to settle conflict with shenanigans and then having lawyers bully people (Arneson at least) if they complained.
 

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