Thoughts on Tom’s legal matters..
Last night after the stream on the newly minted Fireside Chats with Yawny Deleanor Brennan, TomB was talking about filing a lawsuit against a particular woman. As those of us who went to Dydzak school and studied torts know, civil suits are about making a person whole, recovering losses for physical, emotional, and financial damages. What are the Toomer’s damages? What are his emotional damages? CumB, as he claims he doesn’t mind being called, publicly announced to his audience of a little over a hundred that the trolls weren’t getting to him, that he wasn’t distressed, depressed, hurt, saddened, anything. It all rolled off of him, it doesn’t bother him, he has a thick skin, it doesn’t affect him. Emotional damages: $0. He can claim emotional damages later, but any decent defense attorney will use these early statements to contradict any future claims of emotional damage and the solemn show-nothing Brennan will have to be interviewed by the Defendant’s psychologists before a trial to prove any emotional damage like Perry had to go see doctors about his neck injury during his latest legal matter. Can the aggrieved Mr Brennan sue on behalf of any emotional stress of any of his friends or family? No, this is standing 101. If someone hits your friend with a car, you can’t sue the driver on behalf of your friend, only the person who was hit has standing to sue. Emotional damages: $0. What about monetary damages? Tom claims that he receives no money from PCL. He only admits to receiving funds from the Patreon subscribers. How many Patreon subscribers left as a result of this? 10, maybe? How much does he earn a year from each Patreon subscriber at an average of $10 a month? $120? 10 subscribers leaving is $1200 a year. If you think it’s more or less you can do the math. Now, TomB will have to prove that those people left as a direct result of the Defendant’s actions, tricky. He will also have to prove that he was defamed, that the defendant spread lies about him. The discovery process is a two-way street. The Defendant’s attorneys will get to go through Tom’s phones, computers, texts, and data to collect evidence about those leaked texts to make their case. Does Tom really want to go down that road? Does Tom want to be deposed for hours and hours about his texts? Does he want to go to court and perjure himself and claim that his leaked texts are fake? If Tom would claim further financial damages to PCL, the Defendant’s attorneys will be going through the books of Brennan Entertainment during discovery to gather evidence to make their case. Does Tom want attorneys sifting through the financial matters of Brennan Entertainment? Does he want anyone seeing what’s going on in the kitchen? So at this point let’s make a bold claim of financial damages around $2400 a year for 20 Patreon subscribers. You can add years to it and say 3 years at $7200. But, as you add years the case is harder to make.
So, how much does a civil lawsuit like this that goes to trial cost? Somewhere in the ballpark of $40k to $75k and bank on the higher end for NYC. So, Tom is going to spend $60k for the chance to win $10k and boy is it a thin case, a good poker player wouldn’t be putting their chips into this pot. As Tom would say to Perry the logic of this doesn’t make any sense. You don’t get the best attorneys to file a frivolous lawsuit like this. You don’t get the tattoo shop owner to take a case like this, you get the tattoo shop owner’s son. Cases like this are what keep the Dydzak’s of the world in business. Attorneys want to sue schools, police departments, corporations, hotels. They want to sue whales with money, not some average joe citizen for what amounts to a used car.
If any of what was going on was criminal, Tom would have had law enforcement involved.
Do the fans want to tip in thousands and thousands of dollars to fund a frivolous lawsuit? Wouldn’t they rather the funds be spent on the Scaremaster, buying him a chair or upgrading his accommodations? Paying Garrett and Jowy for the hours they slave away to Brennan Entertainment?
And if you’re filing a lawsuit, if you’re engaging in legal action, what is the first thing your attorney tells you to do? Shut your fucking mouth, don’t talk about it, don’t say a word about it. Even disbarred Dydzak knew this and gave Perry the gag order to say nothing about his legal matters on the podcasts. And yet the impulsive Mr Brennan is blabbering on and on about his matters for hours and hours to the public on stream, hurting his case and giving the Defendant ever more evidence. And TomB is bad-mouthing the very person he is suing publicly with misogynistic statements and calling her evil and a bad person, further poisoning his case.
What is the rational move for Tom? What is Tom doing?
How much does it cost to bluster and bluff and threaten lawsuits to try to change the troll’s behavior? $0
How much does it cost to have an attorney draft a document threatening legal action if one doesn’t change their behavior? Thousands of dollars in hopes they’ll be scared away.
Billionaires and Corporations can file frivolous lawsuits against common people all day to bully them into submission. But, that’s not PCL. PCL is a Tom and Pop shop.