I’m liking the Judge in the Van Dyke lawsuit. He’s fair, but not going to put up with the bullshit likely to come from either side of the courtroom in this lawsuit.
The TCPA is a law protecting Texans from frivolous lawsuits filed to stifle free speech by tying an individual up in court and burdening them with legal fees. A frivolous lawsuit like this is referred to as Strategic Lawsuit Against Public Participation or SLAPP suit.
Just as the name implies, a SLAPP lawsuit is filed as part of a strategy against a whistleblower or critic as a way to intimidate and silence them. To help prevent this abuse of the legal system and citizens, many states have created anti-SLAPP laws. In Texas, the anti-SLAPP law is called the TCPA. The TCPA is what Retzlaff tried to use to get Van Dyke’s case dismissed. He failed.
The problem Retzlaff ran into is that his lawsuitsuit with Van Dyke is in federal court and the TCPA is a Texas state law. As yet, there’s been no ruling or precedent that specifically says the TCPA applies to federal court cases.
That’s why Retzlaff and his lawyer, Dorrell, filed their motion for an emergency stay. They hope to force the court to make a definitive decision on whether TCPA applies in federal court or not. Jason Van Dyke didn’t oppose the motion since he too, wants this issue resolved once and for all.
|Jason Van Dyke|
Because Van Dyke didn’t oppose, Judge Amos granted the Emergency Motion, but in his written response he rips Dorrell a new asshole saying “the Court takes this opportunity to address various misrepresentations and inaccuracies within Defendant’s motion”. The judge goes on for several pages ripping Dorrell’s argument to shreds. (Judge Amos’ response is below the break at the end of this article.)
So Jason Van Dyke’s 100 million dollar lawsuit against Retzlaff is on hold to allow Jeffrey Dorrell a chance to set a court precedent with the TCPA, and perhaps polish a bit of his very tarnished reputation.
Dorrell was once a well respected first amendment attorney until he took on the TCPA case for Neal Rauhauser against Bullyville. He won the case but the million dollar award granted by the court was subsequently overturned. That left his client, Neal Rauhauser, with 0 to show after 4 years in court. The court also admonished Dorrell in their decision for padding his legal bill and claiming outlandish and unbelievably high legal fees.
In addition, Dorrell and his husband split up during the trial which was then followed up with a scandal when Dorrell had to involve the police after his ex stole jewelry and other valuables from his home.
So basically, all Dorrell has going for him right now is his rocky career and his friend, serial stalker, racist and revenge pornographer, Tom Retzlaff.
You kind of have to feel sorry for Dorrell.
Not too sorry though, he’s an attorney. But if Dorrell gets his name in a legal citation, that might ease some of his butthurt and heartache.
Below the break you’ll find Judge Amos’ response to the emergency stay motion filed by Retzlaff and Dorrell. Judge Amos was pissed.