Lolcow Melinda Leigh Scott & Marshall Castersen - Sue-happy couple. Flat earth conspiracists. Pretending to be Jewish. Believes Kiwi Farms is protected by the Masonic Order. Filed 5 lawsuits and lost 5 lawsuits.

TamarYaelBatYah

Melinda Leigh Scott
kiwifarms.net
Are you still going to be crowing about this when you get 0 winnings for "emotional damages"?

The default was entered, PERMANENTLY. The default judgment is simply an extension of that.

I'll give Mr. Joshua Moon his EYE FOR EYE as long as I can!

Fuck you Joshua Moon!



More about Intentional Infliction of Emotional Distress. In Virginia, it was only used 44 times.




Russo v. White, 241 Va. 23 (1991)Jan. 11, 1991 · Supreme Court of Virginia


McDermott v. Reynolds, 260 Va. 98 (2000)June 9, 2000 · Supreme Court of Virginia


Mahony v. Becker, 246 Va. 209 (1993)Sept. 17, 1993 · Supreme Court of Virginia


Jordan v. Shands, 255 Va. 492 (1998 )April 17, 1998 · Supreme Court of Virginia


Ely v. Whitlock, 238 Va. 670 (1989)Nov. 10, 1989 · Supreme Court of Virginia

Out of 5, I looked out, 5 were dismissed. Not good for Mel. I probably put in more effort into researching this than she did.

For anyone Tl;Dr-ing, look at the first case's second citation. It single-handedly kills her case.



She barely understands basic English, lets not mention law.

The first thing we covered in 1L was IIED

Man, she's so delirious that she can't even make actual responses and just laughs like a fuckin child.
Is this what you teach your children? Is this the kind of show you show them is fine to be? Almost makes me hope Marshall takes the kids tbh

EYE FOR EYE is exactly what I teach my children


can't prove damages to her book sales due

That's factually inaccurate. Since you posted my book here. But I'm not giving my battle plan away, you can wait for the hearing.



I've been trying to look for a case where a stay-at-home mother proved damages in a defamation case and all I've found is cases where a stay-at-home mother was taken to court over defamation. Also, Melinda will have a hard time proving that being a stay-at-home mom is actually a job. The only real source of income she has is given to her by the government. No matter what Null or anyone in this thread (or Andrew's thread for that matter) can change the amount that is given to her. She can't prove damages to her book sales due to the fact she went to a vanity publisher and it's easy to show the court how they set up their business practices.

Hell the idea she was defamed could also be wrong since no one in her community liked her prior to either Andrew's thread or Melinda's thread existed. She had no reputation to harm, and any harm that could be argued was done by her by her over sharing on the internet and being a very unlikable person. Offensive or otherwise unpleasant statements against her are not defamatory either.

You don't have to prove financial damages for IIED, that's what you're missing



Hold your horses, woman. You’ve still got to convince Jones about the damages. Or is this manic outburst part of your evidence that your fee fees are so hurt you compulsively have to come on here to unstably ree at the big bad mean kiwis. Most of which probably aren’t even aware your thread exists. That’ll show ‘em!

The default is entered, PERMANENTLY. Default judgment is simply an extension of that.


Null at any point can contest this. Hell, if he needs a lawyer there are a few that are more than happy to help him out

Joshua Moon is a coward


That's an awful lot of "ha ha you lost" from someone who hasn't even won yet.

The default is entered, PERMANENTLY

Default judgment is simply an extension of that


"College success" what college success? You've done nothing with your life other than to pop out retards.

Graduating is success in an of itself. I have used my college education every single day of my life, including knowing how to search case law and sue the dumbest person ever Joshua Moon

That's right YOU LOST JOSHUA MOON


Melinda here can't understand English common law, she has no hope of understanding French laws. They have some fun rulings. Like how communicating false information is not a wrongful act.

The French don't make the best choices when it comes to politics and law
 

Anonymus Fluhre

No man fears what he has seen grow
kiwifarms.net

Useful_Mistake

Trying to teach law to a retard
kiwifarms.net
The default was entered
Can be reversed. See Hughes v. Benjamin
PERMANENTLY

The default judgment is simply an extension of that.
I mean, they are two separate motions, but sure.
The first thing we covered in 1L was IIED
Notice how she didn't refute any of my points. That's because I am correct, and I provided citations. Russo v. White, 241 Va. 23 (1991) kills her case.

Also, let me repeat this citation from Virginia Supreme Court

“the intentional infliction of emotional distress,” sometimes called the tort of “outrage.”... Indeed, we have said recently that such torts are “not favored” in the law.

Yeah...if she really covered it as she claimed, she would have known not to use this shit. It rarely works.
But I'm not giving my battle plan away, you can wait for the hearing.
I doubt you have one, but I can't wait to see how you'll get the judge to agree to take 50k from a man that hasn't had a job in 4 years.
You don't have to prove financial damages for IIED, that's what you're missing



See here:


What you have to prove is:
1.That you suffered some sort of damages
2. That the court can make those damages go away
Since you asked 50 grand as a compensation, you will have to somehow prove that he caused you 50k worth of damages

It has to be bad enough to cause actual damages, and even then can fail

There is no claim, for example, that she had any objective physical injury caused by the stress, that she sought medical attention, that she was confined at home or in a hospital, or that she lost income.


All examples of a thing that would cause actual damages

it is insufficient for a defendant to have “acted with an intent which is tortious or even criminal.” Restatement comment d. Even if a defendant “has intended to inflict emotional distress,” or his conduct can be “characterized by ‘malice,’ or a degree of aggravation which would entitle the plaintiff to punitive damages for another tort,” the requirement of the second prong has not been satisfied.

Not only does it have to cause damages, but very specific ones only.

Like I said, Russo v. White, 241 Va. 23 (1991) Supreme Court of Virginia kills your case
The default is entered, PERMANENTLY. Default judgment is simply an extension of that.
The default is entered, PERMANENTLY

Default judgment is simply an extension of that
That's right YOU LOST JOSHUA MOON
Repeating it won't make it true.
including knowing how to search case law
Yet you failed every single time when asked for citations. If you actually were thought IIED and you graduated this badly, I'd sue your teachers if I were you. Clearly, it is some sort of malpractice.
The French don't make the best choices

On that, we can agree.
 

fnaarf

Certified Authentic™️ Kosher Jewish Bimbo®️
kiwifarms.net
The default was entered, PERMANENTLY. The default judgment is simply an extension of that.

I'll give Mr. Joshua Moon his EYE FOR EYE as long as I can!

Fuck you Joshua Moon!
The judge gave you a default judgement on the barest technicality and is probably just waiting to see how badly you fuck up asking for damages. Which you will, at which point you'll likely be awarded no damages and all you'll have is a default judgement that you won only because Null was lazy.
 
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Burmese Rice Farmer

#1 Rohingya killer for 3 years running
kiwifarms.net
EYE FOR EYE is exactly what I teach my children
So you teach your kids the cavenigger's way of dealing with a situation? No wonder they're homeschooled, they'd be absolutely fucking flunking out of any school that isn't a bottom of the barrel public school where niggers fight every day over PB&Js
 

Anonymus Fluhre

No man fears what he has seen grow
kiwifarms.net
That's factually inaccurate. Since you posted my book here. But I'm not giving my battle plan away, you can wait for the hearing.
Should I mention that you've done nothing to show evidence of a book until I found it? That could be used against you as it would look like you're not trying to advertise it. Don't mention that the publisher should be the one doing that either. They did so twice in September as contractually obligated to do so on their Twitter account. bots retweeted it twice and liked it once if I recall. It's up to you Melinda to push your book, which you have failed to do. You've hurt your own sales figures.

I should also mention that book sellers do keep track of what books are selling. NovelRank for instance kept track of book sales until Amazon canned it, and Amazon did keep track of sales numbers on their book pages under metadata. Your book has no reviews online either. By now there should at least be one review by a verified purchase somewhere. There are limited number of physical copies made as that was all they were obligated to make. Hell, your sales rank is so low it doesn't exist anywhere.
 
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Deadpool

Everyday is "free comic book day" with piracy!
True & Honest Fan
kiwifarms.net
Her "book" didn't get posted here either (unless she means the fact that it exists) the only thing posted was the free sample the publisher provides, which anyone can access because get this...it's a free sample. It's the equivalent of a supermarket claiming shoplifting damages after you ate a free sample of cheese.

You can't prove emotional damage from us shit talking either because critiquing something isn't a crime or even a civil offense.
 
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ConSluttant

Because everyone needs advice. Even Thots.
True & Honest Fan
kiwifarms.net
You're still a Defendant in the case, you haven't been dismissed. And if Joshua Moon doesn't answer my pleading for production of documents etc he will be in contempt of court.

So go fuck YOURSELF




I can see why you can't get a real woman and have to watch porn. You're ignorant about female anatomy.

Anyways, that's your Goy thinking. Hebrews don't think being childless is superior to being blessed with children.




If he had something to say then he would have said it.




According to who?




That's a lot of whining that adds up to NOTHING




Trust me, I feel ya.




We shall see.

Joshua Moon has an American SSN. Try not paying. See what happens





Lol, yeah.

I'll have to hire some childcare for all of them. Can't count on Marshall, that's for sure. Last court hearing I had he said "good luck" and went to work.

Except for the breastfeeding infant. I have to nurse while on camera. With a nursing cover of course. Since breastfeeding in a courtroom is protected under American law, the same is true for virtual hearings.

Don't get your hopes up though @Baby Yoda , you won't see any boobies!

Umm Mel? I hate to burst your bubble, but once you get your default judgement against Jersh then he is out of the case. You won't get any discovery from him. 😂😂😂

Also there's this little thing about IIED. It has to be so outrageous that basically only a monster would do it. Like burning your children alive in front of you monstrous. Can't claim that I'm afraid.

This is the part I've been waiting a long, long time for. Lol I do so love it when lolyers try and sure people and get it all wrong.
 

Karl der Grosse

Currently being sued by a cousin-fucker.
True & Honest Fan
kiwifarms.net
Linking to a Google preview isn't piracy. Most authors don't mind. The again, most authors' books are longer than 80-some pages. The google 20-page preview is a full quarter of the book's contents.

Of course, we're also talking to someone so unable to read and understand her contract that she was shocked and angry to discover that her publisher is selling her book as an e-book. I imagine she has never really understood what exactly her contract actually obliges her publisher to do (very very little) and what it allows them to do (almost anything they want).
 

Useful_Mistake

Trying to teach law to a retard
kiwifarms.net
Like burning your children alive in front of you monstrous.
It doesn't need to be that bad (but that works too), but rule of thumb is that if it didn't cause physical injury/damage to you it will be dismissed. If it did cause you physical damage, it can still get dismissed. Virginia Supreme Court judges it in "four-pronged approach". These are "the wrongdoer’s conduct is intentional or reckless; the conduct is outrageous and intolerable; the alleged wrongful conduct and emotional distress are causally connected; and, the distress is severe". Like I showed above, second is basically impossible, and so is the fourth ("But liability arises only when the emotional distress is extreme, and only where the distress inflicted is so severe that no reasonable person could be expected to endure it.") and tends to require physical damage. In Russo v. White, 241 Va. 23 (1991), the defendant had undeniably had the first and the third one, and the court said that they assumed that she had the second too, and she still lost. Likely nothing short of a mental torture in which your bones are broken and you are raped would suffice(and in a case just like that, it was still denied, because they didn't file it fast enough)

Sorry for the rant. Tldr: You are right, this is almost impossible to prove.
 

TamarYaelBatYah

Melinda Leigh Scott
kiwifarms.net
but once you get your default judgement against Jersh then he is out of the case. You won't get any discovery from him. 😂😂😂

He has 30 days to respond to my Request for Production of documents which was filed already. It is not likely that the hearing for Default Judgment will be scheduled until a few weeks out.

So that means if he (Moon) doesn't respond within 30 days, he can be found in contempt of court. If he does not respond within 30 days I will send out a Motion to Compel responses. He can be fined with Sanctions if he does not respond within the 30 days. If the Judge orders him to respond and he still doesn't respond, then he can be found in contempt of court and the court can send out an arrest warrant/Capias for his failure to respond.

@Null



t has to be so outrageous that basically only a monster would do it.

You're telling me something I already know

What you all do on Kiwi Farms is "outrageous". Not giving away my battle plan though. You can wait for the hearing and/or transcript.



The judge gave you a default judgement on the barest technicality and is probably just waiting to see how badly you fuck up asking for damages. Which you will, at which point you'll likely be awarded no damages and all you'll have is a default judgement that you won only because Null was lazy.

You can keep underestimating me. You haven't seen my skills in the courtroom. Stay tuned!

It has to be bad enough to cause actual damages, and even then can fail

I'm not saying it's easy. It's a high bar in federal court and I know that judges can be cut throat and expect nothing less than perfection, hitting every point. I've made several appearances in court rooms where I had to "plead" my case. It's nerve racking at times but I've done it enough to be able to do it successfully. We shall see how it goes!

I provided citations

You threw out like a dozen cases. You can't expect me to read them all in one night. Gravy, I have diapers to change first!
 

Burmese Rice Farmer

#1 Rohingya killer for 3 years running
kiwifarms.net
He has 30 days to respond to my Request for Production of documents which was filed already. It is not likely that the hearing for Default Judgment will be scheduled until a few weeks out.

So that means if he (Moon) doesn't respond within 30 days, he can be found in contempt of court. If he does not respond within 30 days I will send out a Motion to Compel responses. He can be fined with Sanctions if he does not respond within the 30 days. If the Judge orders him to respond and he still doesn't respond, then he can be found in contempt of court and the court can send out an arrest warrant/Capias for his failure to respond.
Good luck getting an arrest warrant out for him from the US to Serbia lmao

You're telling me something I already know

What you all do on Kiwi Farms is "outrageous". Not giving away my battle plan though. You can wait for the hearing and/or transcript.
Outrageous is a definition that can be easily disputed, and since this is a forum, varies from person to person, thus is kind of impossible to actually prove.
You can keep underestimating me. You haven't seen my skills in the courtroom. Stay tuned!
Oh, we've seen them, we just can't call them skills because that would imply you're capable of doing anything
I'm not saying it's easy. It's a high bar in federal court and I know that judges can be cut throat and expect nothing less than perfection, hitting every point. I've made several appearances in court rooms where I had to "plead" my case. It's nerve racking at times but I've done it enough to be able to do it successfully. We shall see how it goes!



You threw out like a dozen cases. You can't expect me to read them all in one night. Gravy, I have diapers to change first!
So you don't have time to read citations to know where you're wrong in a court of law because you have "diapers to change first" yet you still have time for spurious lawsuits?
Aight.
 

ConSluttant

Because everyone needs advice. Even Thots.
True & Honest Fan
kiwifarms.net
He has 30 days to respond to my Request for Production of documents which was filed already. It is not likely that the hearing for Default Judgment will be scheduled until a few weeks out.

So that means if he (Moon) doesn't respond within 30 days, he can be found in contempt of court. If he does not respond within 30 days I will send out a Motion to Compel responses. He can be fined with Sanctions if he does not respond within the 30 days. If the Judge orders him to respond and he still doesn't respond, then he can be found in contempt of court and the court can send out an arrest warrant/Capias for his failure to respond.

@Null





You're telling me something I already know

What you all do on Kiwi Farms is "outrageous". Not giving away my battle plan though. You can wait for the hearing and/or transcript.





You can keep underestimating me. You haven't seen my skills in the courtroom. Stay tuned!



I'm not saying it's easy. It's a high bar in federal court and I know that judges can be cut throat and expect nothing less than perfection, hitting every point. I've made several appearances in court rooms where I had to "plead" my case. It's nerve racking at times but I've done it enough to be able to do it successfully. We shall see how it goes!



You threw out like a dozen cases. You can't expect me to read them all in one night. Gravy, I have diapers to change first!
Oh honey. If you think a judge is going to let you get discovery production sanctions on someone you are asking default on... 😂😂😂

Please. Keep it coming. It's awesome!
 

Deadpool

Everyday is "free comic book day" with piracy!
True & Honest Fan
kiwifarms.net
So that means if he (Moon) doesn't respond within 30 days, he can be found in contempt of court. If he does not respond within 30 days I will send out a Motion to Compel responses. He can be fined with Sanctions if he does not respond within the 30 days. If the Judge orders him to respond and he still doesn't respond, then he can be found in contempt of court and the court can send out an arrest warrant/Capias for his failure to respond.
Reeeeeeee harder nigger.
 

Anonymus Fluhre

No man fears what he has seen grow
kiwifarms.net
You can keep underestimating me. You haven't seen my skills in the courtroom. Stay tuned!
If you had any "skills" in the court room you would actually win your cases Melinda, and for your "battle plans". They're the equivalent to a retard spasming in the back of the seat during a road trip. I'm sure you know what I mean since you've given birth to such children.

It's also not outrageous to talk about people on the internet. If it was against the law, a good 70% of the internet wouldn't exist.
 

Chariot Of Mara

kiwifarms.net
Yes, I suppose it was quite outrageous when I affectionately referred to Mel telling her to get her cute ass back in here. I’ll go back to just calling her the dumbest person, possibly ever. Also..

@TamarYaelBatYah What in the ever loving fuck are you on about with the underwear affecting your circulation. Were you wearing the wrong size?! Please, show me where you heard this. I must know for science. There are those who oppose my nudist lifestyle.
 
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Anonymus Fluhre

No man fears what he has seen grow
kiwifarms.net
Yes, I suppose it was quite outrageous when I affectionately referred to Mel telling her to get her cute ass back in here. I’ll go back to just calling her the dumbest person, possibly ever. Also..

@TamarYaelBatYah What in the ever loving fuck are you on about with the underwear affecting your circulation. Were you wearing the wrong size?! Please, show me where you heard this. I must know for science. There are those who oppose my nudist lifestyle.
Only thing I've ever found is that you shouldn't wear tight clothing. So I guess Melinda is too stupid to understand clothing sizes (no wonder her kids clothes don't fit).

Oh, and women shouldn't wear thongs due to bacteria.
 
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