I haven’t argued otherwise, at least as regards Hogan/Bollea. Thiel had no case of his own to win, which is why he bypassed the opportunity to settle his own grievance directly.
That’s a separate problem, one that Mr. “Democracy is incompatible with capitalism” isn’t doing anything about now the he destroyed Gawker.
Sure, but being called to account in a defamation suit is a different thing from being destroyed by a billionaire via a proxy (who, as others have pointed out above, probably walked away with less than he would have had Thiel not imposed his own priorities on the case).