Shane Holmberg / Shane Presley Holmberg - The Containment Cell for The Breaker of Chairs, Eater of Shoes, Groomer of His Child Bride

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AnOminous said:
No, the Texas Supreme Court has also said exactly that.

Texas specifically examined the Restatement (Second) of Torts § 772 notion of a "truthful information" affirmative defense to tortious interference and expressly rejected adopting it. Community Health Systems Professional Services Corp. et al. v. Hansen is the case. There's a defense of "justification" which includes some elements related to truthfulness but not a truthfulness defense as such, nor does it by itself constitute a defense.
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You just noticed that and thought maybe I was reading it wrong. And what would be a good example as a defense against the TI like "Legal Right " to do the TI?
 
Urbanmech said:
You just noticed that and thought maybe I was reading it wrong. And what would be a good example as a defense against the TI like "Legal Right " to do the TI?
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There isn't an affirmative defense available for what Ron Toye did that makes a lick of sense. He's fucked.
 
AnOminous said:
There isn't an affirmative defense available for what Ron Toye did that makes a lick of sense. He's fucked.
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ok Ron aside though what would be an affirmative defense? Like someone having a X amount of days non compete clause in their contracts so they could let the other employer know that?
 
Urbanmech said:
ok Ron aside though what would be an affirmative defense? Like someone having a X amount of days non compete clause in their contracts so they could let the other employer know that?
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Examples would be to search for: texas privilege tortious interference defense
 
Urbanmech said:
ok Ron aside though what would be an affirmative defense? Like someone having a X amount of days non compete clause in their contracts so they could let the other employer know that?
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Having the right to do what you did. Justification. That you were just doing your job, like you were hired to check the fundamentals of a company and you just did that but the results of your information caused the contract to be canceled.
 
Urbanmech said:
Am I the only one reading the TI statue that even if what you say is true it still counts as TI?
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I would say that isn't really the right question.

Tortious interference is meant to protect the economic interest of parties who are joined in contract.
And prevent parties without an interest in that contract from not just breaking the contract but damaging the economic interest that the contract is creating.

So it is the economic damage from a third party who does not have an interest in the contract that is the real issue TI is meant to protect against.

Truth or false.
Breaking the contract or not.

It is the interference without having an interest or right that results in economic harm to the parties in the contract.

Not a lawyer, but that is my reading of TI.
 
AnOminous said:
Having the right to do what you did. Justification. That you were just doing your job, like you were hired to check the fundamentals of a company and you just did that but the results of your information caused the contract to be canceled.
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ahhhh So Community Health Systems Professional Services Corp. got caught in the TI because it didn't do it job completely thorough and give the surgeon due process. So then they tried to get the TSC involved to reinstate 772 and TSC said no to that.



So if PSC had given the surgeon due process and he still got fired they would have an affirmative defense since they did their job correctly, right?
 
Urbanmech said:
So if PSC had given the surgeon due process and he still got fired they would have an affirmative defense since they did their job correctly, right?
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One of the defendants did have a justification defense, and they won on it. PSC was a corporation hired by the other defendant specifically to give advice on employee termination, and advised the plaintiff, a doctor, be terminated because his practice was not making money and was not projected to make money in the future.

This was literally their job, and they did it. They were hired to find underperforming or otherwise terminable employees, and the plaintiff was such an employee.
 
AnOminous said:
One of the defendants did have a justification defense, and they won on it. PSC was a corporation hired by the other defendant specifically to give advice on employee termination, and advised the plaintiff, a doctor, be terminated because his practice was not making money and was not projected to make money in the future.

This was literally their job, and they did it. They were hired to find underperforming or otherwise terminable employees, and the plaintiff was such an employee.
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So they won their appeal just did not get the 772 notion reinstated gotcha making more sense. Yea most of the stuff I am finding on the case are from around March 3 2017 before any decisions.
 
archive.is

Shane Holmberg on Twitter: "For what I understand people were trying …

archived 17 May 2019 10:54:48 UTC
archive.is archive.is

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I guess it's just outright lies now given insinuations failed to work their magic.
 
Urbanmech said:
He did but Shane keeps insisting that since he "talked" to the person who sent those to BHBH and they said they never sent Nick the stuff, that either Nick got it from BHBH or the guy is lying to Shane and that makes anything he has lose all credibility.....
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I mean, I would lie to Shane, just to see Shane being even more wrong. But Shane is such a heap of useless garbage that unless he posts screenshot proof of his conversation, I won't believe he talked to anyone except maybe his school for exceptional children secret Discord.
 
Plank said:
An additional thought.

It seemed very strange some time ago when I heard Nick claim that KamehaCon was really upset with the two idiots Monica and Ron. I thought at first Nick was just bullshitting to some PR for Vic.

But it is clear now that KamehaCon is really pissed off that they were directly lied to by Ron Soye.
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People don't like getting bullied and strong armed into making choices that could potentially damage their reputation and ability to make a profit. Especially if it relies on said reputation and profit to continue to exist. So it should come as no surprise that when garbage subhumans attempt to sabotage, blackmail, and intimidate them into subservience, that they aren't going to take kindly to getting this kind of treatment and will take the first opportunity to BTFO of all of them. All the cons they bullied most likely made the choice to cancel Vic because the same group of people lied to all of them and they did so on the assumption that those lies would be truthful and acted upon. They lied and said Vic is facing criminal charges, so they expected criminal charges. When none came, they realized they've been lied to and cons began to systematically re invite Vic.
Now that Vic is suing them all for defamation and TI, all the cons that were bullied are coming forth with all the damning evidence proving that the same group of people attempted to blackmail them all and pressure them into unlawfully breaking contracts. And guess what? All this proof of unlawful behavior is in Ty's hands.
I dunno about you guys, but if someone tried to bully and intimidate me into doing something that would not only damage me, but damage someone else that I know, I would blow their asses out for lying to me and potentially ruining my career and ability to make money. Don't fuck with my money. Don't ever fuck with someone else's money. People don't like that shit.
 
Dopey Cunt said:
People don't like getting bullied and strong armed into making choices that could potentially damage their reputation and ability to make a profit. Especially if it relies on said reputation and profit to continue to exist. So it should come as no surprise that when garbage subhumans attempt to sabotage, blackmail, and intimidate them into subservience, that they aren't going to take kindly to getting this kind of treatment and will take the first opportunity to BTFO of all of them. All the cons they bullied most likely made the choice to cancel Vic because the same group of people lied to all of them and they did so on the assumption that those lies would be truthful and acted upon. They lied and said Vic is facing criminal charges, so they expected criminal charges. When none came, they realized they've been lied to and cons began to systematically re invite Vic.
Now that Vic is suing them all for defamation and TI, all the cons that were bullied are coming forth with all the damning evidence proving that the same group of people attempted to blackmail them all and pressure them into unlawfully breaking contracts. And guess what? All this proof of unlawful behavior is in Ty's hands.
I dunno about you guys, but if someone tried to bully and intimidate me into doing something that would not only damage me, but damage someone else that I know, I would blow their asses out for lying to me and potentially ruining my career and ability to make money. Don't fuck with my money. Don't ever fuck with someone else's money. People don't like that shit.
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And yet Shane is seemingly incapable of understanding why this is bad.
 
Dopey Cunt said:
So it should come as no surprise that when garbage subhumans attempt to sabotage, blackmail, and intimidate them into subservience, that they aren't going to take kindly to getting this kind of treatment and will take the first opportunity to BTFO of all of them. All the cons they bullied most likely made the choice to cancel Vic because the same group of people lied to all of them and they did so on the assumption that those lies would be truthful and acted upon. They lied and said Vic is facing criminal charges, so they expected criminal charges. When none came, they realized they've been lied to and cons began to systematically re invite Vic.
Now that Vic is suing them all for defamation and TI, all the cons that were bullied are coming forth with all the damning evidence proving that the same group of people attempted to blackmail them all and pressure them into unlawfully breaking contracts. And guess what?
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What's gonna be great is to read the texts on the other side of the decision to invite Vic back. Wonder how much pressure Ron put on them after that. That discovery gonna be great.
 
Cakeisjustok said:
What's gonna be great is to read the texts on the other side of the decision to invite Vic back. Wonder how much pressure Ron put on them after that. That discovery gonna be great.
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Can't wait for the excuses that Shane will pull out of his ass for that.
 
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