Nijisanji L Collection

[Thomas Talus]

Preferred venue clauses don't mean shit in practice. There are many criteria plantiff must meet. For starts, original contract must be valid in it's entirety in both countries. Which it isn't. It all hinges on single assumption that denendant does not defend at all. There is no practical way to collect on one-sided jp verdict in EN countries if defendant have objections, even if they ghosted jp litigation.

From Section 4 of the Model Uniform Foreign-Country Money Judgments Recognition Act of 2005 (emph. added)

(a) Except as otherwise provided in subsections (b) and (c), a court of this state shall recognize a foreign-country judgment to which this [act] applies.
(b) A court of this state may not recognize a foreign-country judgment if:
(1) the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process oflaw;
(2) the foreign court did not have personal jurisdiction over the defendant; or
(3) the foreign court did not have jurisdiction over the subject matter.
(c) A court of this state need not recognize a foreign-country judgment if:
(1) the defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(2) the judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
(3) the judgment or the [cause of action] [claim for relief] on which the judgment is based is repugnant to the public policy of this state or of the United States;
(4) the judgment conflicts with another final and conclusive judgment;
(5) the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that foreign court;
(6) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
(7) the judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
(8) the specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
(d) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (b) or (c) exists.

From the annotations to Section 4:

Although subsection 4(c)(3) of this Act rejects the narrow focus on the cause of action under the 1962 Act, it retains the stringent test for finding a public policy violation applied by courts interpreting the 1962 Act. Under that test, a difference in law, even a marked one, is not sufficient to raise a public policy issue. Nor is it relevant that the foreign law allows a recovery that the forum state would not allow. Public policy is violated only if recognition or enforcement of the foreign-country judgment would tend clearly to injure the public health, the public morals, or the public confidence in the administration of law, or would undermine “that sense of security for individual rights, whether of personal liberty or of private property, which any citizen ought to feel.” Hunt v. BP Exploration Co. (Libya) Ltd., 492 F. Supp. 885, 901 (N.D. Tex. 1980).

The choice of law clause chooses Japanese law. If the contract is valid and enforceable under Japanese law*, then the defendant would have an extremely high hurdle to get over.

Edit: *as determined by the Japanese court in the absence of arguments to the contrary, per our original line of argument regarding non-response to a case filed in JP court.

 

[Cptn Snshn]

If true then absolutely retarded move. She has just become even more radioactive to any JP corpos and careful westoid corpos.

Yes but it's very funny to watch.

 

[famous artist pipkun]

From Section 4 of the Model Uniform Foreign-Country Money Judgments Recognition Act of 2005 (emph. added)

From the annotations to Section 4:

The choice of law clause chooses Japanese law. If the contract is valid and enforceable under Japanese law, then the defendant would have an extremely high hurdle to get over.

haha getting a niji debt collectiom letter could be a good stream donothon

 

[MerelyTourist]

From Section 4 of the Model Uniform Foreign-Country Money Judgments Recognition Act of 2005 (emph. added)
From the annotations to Section 4:
(2) the foreign court did not have personal jurisdiction over the defendant; or
(3) the foreign court did not have jurisdiction over the subject matter.
(1) the defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(3) the judgment or the [cause of action] [claim for relief] on which the judgment is based is repugnant to the public policy of this state or of the United States;
(6) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
(7) the judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
(8) the specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.

These are all reasons why jap verdict will be easily booted out of USA court.
4c3 is very in the air, gotta see actual practice on it. Might be relevant to labor laws, miht be not...

add: laws are nice and dandy, but you always have to look at actual practice. Many laws were never actually used, many laws are disputed as they violate other higher-order laws (constitution), then never applied as is even if law itself don't change.

 

[Xuhle]

These are all reasons why jap verdict will be easily booted out of USA court.

There has so far been no verdict from another country that has held in the US from what I've heard from the lawsphere.

Most I've heard is judges will look at it consider it and then move on from it as it's not a US court.

 

[Thomas Talus]

These are all reasons why jap verdict will be easily booted out of USA court.

Please explain how, for example, the judgment would conflict with a prior valid judgment, or how bringing the original case in Japan is contrary to the agreement to bring any case in Japan.

The stuff about integrity of foreign courts is to block judgments from places like NK, Russia, or some corrupt central African dictatorship. It is not a bar to enforcement of judgments from stable, close allies like Japan; you might even be able to get Chinese judgments through, if the process in the individual case wasn't obviously corrupt.

 

[Punished Lurker]

Enough Yamanbaing. Raziel is fucking back baby.


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View attachment 65345

Have you guys ever heard about this specific manager?

Edit : some more

Raziel Warmonic 🌊🐲| GRD on X: "https://t.co/ZuEbkd4qMS" / X | Ghostarchive

ghostarchive.org

View attachment 65346

I haven't read the full contract yet, but the moment I read article 6 in her tweet I remembered something that might be important. Before Nina graduated I remember watching one of her membership streams where she was talking about how difficult it was to edit shorts and how you needed different editing styles for different platforms, because what works on one didn't work on another, and how she just didn't have the time to do that stuff, to which someone in chat asked why didn't she just hire someone to handle her other platforms like instagram or tiktok. I can't remember the exact wording but the vibe of her answer was something similar to: "honey, do you really think they'd let me do that?". Basically implying that they could not delegate control of their accounts to 3rd parties. Guess this contract confirms that information

Also I think I'm starting to feel slightly bad for Luca. Sure, it was him who delegated on Raziel several tasks but imagine a former mod and maybe friend taking every possible chance to throw mud at your name and leak private conversations. Like the info we got from her is good but man menheras can really be scary

I mean...
K9Kuro never refers to Mysta by name (It is "his stalker") and he did retract his support for Doki iirc.
Matara refers to Nijisanji only vaguely in her lore. No names are ever dropped. Other than referring to Pomu as a dog when she debuted lmao.
Pomu has not named Nijisanji in any way at all including in her Twitter spaces going over her oshis. She was a big Niji fan and skipped naming her oshis she talked about while in Niji like (eg: ) Tsukino Mito.

Honestly I always thought that livers not mentioning anything about their time in Niji or being vague about it might be them just adhering to Vtuber etiquette, but it would also make sense for them to be forbidden by a contract to do so.

 

[MerelyTourist]

Please explain how, for example, the judgment would conflict with a prior valid judgment, or how bringing the original case in Japan is contrary to the agreement to bring any case in Japan.

For starts, judgment will be invalid on the very simple grounds that contract itself is invalid by local laws. If contract itself pass, you can argue inconvenient venue etc etc
Again, show the practice of enforcing foreign judgements (of relevant nature)

 

[Ed O'neill]

If true then absolutely retarded move. She has just become even more radioactive to any JP corpos and careful westoid corpos.

Good? Why would she want to lol

I just stopped working for Mussolini oh no the Italians want nothing to do with me!

 

[ADWInmate]

For starts, judgment will be invalid on the very simple grounds that contract itself is invalid by local laws. If contract itself pass, you can argue inconvenient venue etc etc
Again, show the practice of enforcing foreign judgements (of relevant nature)

You have never practiced law or come into contact with litigation related to this, it's infuriatingly obvious.
If you're gonna argue about something law-related at least make a serious effort to look at some prior judgements and case law instead of talking outta your ass.

 

[Thomas Talus]

For starts, judgment will be invalid on the very simple grounds that contract itself is invalid by local laws. If contract itself pass, you can argue inconvenient venue etc etc
Again, show the practice of enforcing foreign judgements (of relevant nature)

I don't think anyone has shown that the contract in toto is invalid under JP law, and severability means that it's unlikely to be found totally invalid. The inconvenience of the venue is only an issue if the sole basis for jurisdiction is the defendant having been personally served in that jurisdiction; it is not an issue in this case, as I've already demonstrated. I have cited the actual rules governing enforcement of foreign judgments in the US states that have adopted the model rules (nearly all of them) as well as other countries that have adopted the model rules, including the name of the rules for you to look up and peruse at your leisure.

All you are offering in response is "no u" and "Proof?", when it's obvious you haven't read the rules that have been provided on a silver platter for you and are just talking out your ass.

 

[Xuhle]

So something else on the template contract not only do they claim ip of everything of the chapter but that includes the voice. Which might be why when they approached cy yu they asked him on his VA stuff cause they were wanting to own that as well.

Also another thing because pomu, at least last known, to be living in Japan under the contract she would have had to give back her computer to nijisanji because she bought it while under them.

 

[famous artist pipkun]

These are all reasons why jap verdict will be easily booted out of USA court.
4c3 is very in the air, gotta see actual practice on it. Might be relevant to labor laws, miht be not...

add: laws are nice and dandy, but you always have to look at actual practice. Many laws were never actually used, many laws are disputed as they violate other higher-order laws (constitution), then never applied as is even if law itself don't change.

19 states adopted the act he posted and other states have their own versions. ca accepts foreign monetary judgements as long as it passed mustard in whatever shithole sign off on it

 

[Laidho]

I listened to the part on youtube, and can confirm it. It's about 31-32 minutes back into the vod. She gets a raid from LM and then talks about it.

I'm pretty sure she was referring to the gag order contract, not the blank template everyone was talking about.

 

[MerelyTourist]

Fuck, i'm talking vague suppositions out of my ass indeed (i'm sleepy and really losing attention and coherency now), sorry guys. And thanks for providing law citation, for america i don't even really know where to serach for these things (is it even easily searchable? for local stuff i can use very convenient, sorted database of all court verdicts). But some things are pretty universal, i mean you can't just show up in another country with some random court verdict, say "money, want" and expect to be served immediately (or in my country, without a generous bribe). There will be some verification process, first questions from local attorney/court to defendant being "are you even aware of this? if yes, were you in any position to defend there?"
Anyway, we really need to see prior judgements for similar situations, i'm realy curious now is any such exist. Before that, i will defer to Andrew's judgement, as he's actual US corpo lawyer, that niji can't do shit.

 

[lolwatagain]

Well at least one thing is 100% certain.

Any Japanese defamation verdicts based on truthful statements are completely unenforceable in the USA.

God bless 28 U.S.C. § 4102 and God Bless America.

 

[famous artist pipkun]

silencing contract?

 

[Xuhle]

silencing contract?

The gag contract if you are being serious for once pipkun.

It was a separate contract niji was trying to get her to sign that was different from the NDA. That that niji was originally pressuring her to sign by only giving her an hour time limit to start with.

 

[famous artist pipkun]

The gag contract if you are being serious for once pipkun.

It was a separate contract niji was trying to get her to sign that was different from the NDA. That that niji was originally pressuring her to sign by only giving her an hour time limit to start with.

is that the one legal mindset showed last night?

 

[Xuhle]

is that the one lm showed?

Are you meaning the template that LM got last night? Or the one he was showing today on stream that sayu gave him?