PXIE VS. DESTINY: Pxie's DISASTROUS First Day In Court! | Real Lawyer Reacts!

Описание: As we know, Pxie is suing Destiny in federal court for millions of dollars over the alleged nonconsensual sharing of explicit videos of her. I have made videos on this channel covering this case every step of the way, from the initial complaint to Destiny's response, and even gave my thoughts on a legal loophole that could get the entire case thrown out.

The most recent development is a hearing where Pxie's lawyers filed for a temporary restraining order, alleging that Destiny is destroying evidence and that he needs to take down a video about Pxie. This led to a hearing in court before the judge assigned to the case, but unfortunately for Pxie's lawyers, most of the hearing was spent smacking them down.

The first issue is that the nature of a TRO is that it seeks emergency relief from a judge to have harmful behavior stopped immediately. There have been no new updates in this case since it was filed, therefore the TRO alleged the same facts as the complaint in order to have the TRO granted. But the issue with this is that with no new facts, the fact that it took two months to file belies the argument that this is an emergency and demands immediate relief. With that in mind, the judge found Pxie's request to be stale.

Additionally, concerns over destruction of evidence are better addressed with a spoliation motion, where a judge can actually grant remedies pertaining to that issue. A TRO is not the best tool for accomplishing this goal, and the judge pointed this out.

The judge also did not like how little communication there has been between Pxie's lawyers and Destiny's lawyers before this TRO was filed. The two parties had just met the day before to discuss scheduling, but Pxie's lawyers neglected to mention that they would be filing a TRO the next day. Court time is valuable, and the judge does not like her time being wasted like it was in this hearing.

All in all, this was a bad day for Pxie's lawyers and her case generally. They nuked their own credibility by putting something in front of the judge that was denied without even hearing arguments from Destiny's lawyers.

As for the preliminary injunction, I loved seeing Destiny's lawyers use my argument in my last video discussing how the federal statute in question likely was not even in effect at the time that Destiny sent the video of Pxie to Rose. As such, I'm expecting the PI to be denied the same way the TRO was denied, and soon thereafter I expect to see Destiny's lawyers file a motion to dismiss, which will likely be granted.

DISCLAIMER NONE OF THIS IS LEGAL ADVICE AND SHOULD NOT BE TAKEN AS SUCH. THIS VIDEO IS PURELY FOR EDUCATIONAL PURPOSES. IF YOU HAVE A LEGAL QUESTION, YOUR BEST COURSE OF ACTION IS TO CONSULT WITH A LOCAL ATTORNEY.