Victor Mignogna v. Funimation Productions, LLC, et al. (2019) - Vic's lawsuit against Funimation, VAs, and others, for over a million dollars.

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Cloud8521 dijo:
We can only hope for his lawyer to apply objection to form every single sentence uttered.
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Although I'd love for someone to troll Lemwah with 'I do not recall'. I think it would be more fun to ask him to repeat every sentence, and explain the fkn weird legal terms which he presents in the document. That alone will take like 2 hours if you drag it out.
Then be useful on the questions that matters, but occasionally go back to not understanding him and keep that going for a bit.
 
DragoonSierra dijo:
Whats the likelyhood of Lemon party getting what he wants? Nick said he wont simply because even if Chupp gives it to him the appeals court will shoot him down
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He's asking for clearly protected material and it would be writ of mandate material. Which means Chupp will probably do it.
 
Just noodling this over. We can not be so certain that Slatosch is so kindly disposed to Vic's suit. He placed himself in a legal battle between 2 sides when he chose to cancel Vic's contract. He was most likely informed by Vic's attorney that he could expect to be sued. No one likes to be told that they will be taken to court. So he then re-invites Vic, but to hedge his bets and play both sides of the battle, he not only does not sue Monica for breaking her contract, but he endorses her little meet and greet. He was trying to make Vic, Monica and the fans happy and do the least amount of damage to his con. Now Vic has lost the TCPA. Is it possible he is thinks if he goes along with Phlegmoine he has picked the winning side?
Probably being a bit paranoid, but I am not at all sure that were Slatosch to be deposed that he would not attempt to throw Vic's side under the bus. Could Slatosch be a hostile witness? Guess it's all the fig ops that have me wondering exactly what ugly surprises be lurking in this next arc.
 
Botchy Galoop dijo:
Just noodling this over. We can not be so certain that Slatosch is so kindly disposed to Vic's suit. He placed himself in a legal battle between 2 sides when he chose to cancel Vic's contract. He was most likely informed by Vic's attorney that he could expect to be sued. No one likes to be told that they will be taken to court. So he then re-invites Vic, but to hedge his bets and play both sides of the battle, he not only does not sue Monica for breaking her contract, but he endorses her little meet and greet. He was trying to make Vic, Monica and the fans happy and do the least amount of damage to his con. Now Vic has lost the TCPA. Is it possible he is thinks if he goes along with Phlegmoine he has picked the winning side?
Probably being a bit paranoid, but I am not at all sure that were Slatosch to be deposed that he would not attempt to throw Vic's side under the bus. Could Slatosch be a hostile witness? Guess it's all the fig ops that have me wondering exactly what ugly surprises be lurking in this next arc.
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I don't see him going along with lemonhead after Dominique Skank slagged him and his con. If anything he has a couple parties he can sue himself.
 
Botchy Galoop dijo:
Just noodling this over. We can not be so certain that Slatosch is so kindly disposed to Vic's suit. He placed himself in a legal battle between 2 sides when he chose to cancel Vic's contract. He was most likely informed by Vic's attorney that he could expect to be sued. No one likes to be told that they will be taken to court. So he then re-invites Vic, but to hedge his bets and play both sides of the battle, he not only does not sue Monica for breaking her contract, but he endorses her little meet and greet. He was trying to make Vic, Monica and the fans happy and do the least amount of damage to his con. Now Vic has lost the TCPA. Is it possible he is thinks if he goes along with Phlegmoine he has picked the winning side?
Probably being a bit paranoid, but I am not at all sure that were Slatosch to be deposed that he would not attempt to throw Vic's side under the bus. Could Slatosch be a hostile witness? Guess it's all the fig ops that have me wondering exactly what ugly surprises be lurking in this next arc.
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I think the most likely scenarios is that Lemoine is sweating and wants to render Slatosch useless through intimidation or attempting to get contradicting testimony.

I agree there’s an off chance that he’s decided to cooperate, hence the cryptic wording in his correspondence with Lemoine about “which way he decides to go”.

That said, I don’t think he’s cooperating now, as you tend not to accuse people of perjury when you’re on good terms with them.
 
As everyone has, I've been pondering what Lemon is up to...

Given the targets of his recent activity and considering what I've been reading, I see only two possibilities relevant to the current case:

1. Drive up costs for personal gain
2. Find information beneficial to increasing sanctions.

As others have pointed out, analysis of costs, risks, and benefits, don't seem to justify these. (unless dealing with insanity, which unfortunately can't be ruled out.) So I'm left to ponder the other possibility, which I haven't seen discussed much. Perhaps his actions do not pertain to this case? Might there even be other parties interested enough to fund it? (Conspiracy theory engaged...)

I can think of one party in particular who probably wants to know very badly what information has been obtained by BHBH from the exact same people Lemon has recently gone after. Might he or any others be, if not directly behind it, at least contributing? It doesn't seem like much of a reach to me.
 
Alt Centrist dijo:
As everyone has, I've been pondering what Lemon is up to...

Given the targets of his recent activity and considering what I've been reading, I see only two possibilities relevant to the current case:

1. Drive up costs for personal gain
2. Find information beneficial to increasing sanctions.

As others have pointed out, analysis of costs, risks, and benefits, don't seem to justify these. (unless dealing with insanity, which unfortunately can't be ruled out.) So I'm left to ponder the other possibility, which I haven't seen discussed much. Perhaps his actions do not pertain to this case? Might there even be other parties interested enough to fund it? (Conspiracy theory engaged...)

I can think of one party in particular who probably wants to know very badly what information has been obtained by BHBH from the exact same people Lemon has recently gone after. Might he or any others be, if not directly behind it, at least contributing? It doesn't seem like much of a reach to me.
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Monica (or rather Sabat in the shadows).
 
Lemoine is trying to turn Slatosch hostile before the appeals start. It's likely that Chris has additional information that will helpful down the line and Lemoine is trying to bully him away from providing any further help to Vic. It's pure witness intimidation and Chupp is probably going to ignore it while lemoine masturbates to his own ego.
 
"Mr. Slatosch, I hope you will recant your previous unsworn declaration/affidavit and tell the court that in response to Mr. Beard's threat of a lawsuit for breach of contract, you manufactured the text messages and the new contract between you and plaintiff, and in addition being liable to a suit of the mentioned breach, subject yourself to being prosecuted for perjury.

Don't worry about the perjury charge. No prosecutor is going to charge you for that. As one of the winning attorneys on this case, I can assure you that any recant won't hurt you if you are sued for breach of contract, despite Mr. Beard's threats.

By the way, if you do not recant, we may have to file a suit against you for your defamatory statements about my clients. As a TCPA expert, I can assure you this will go all the way to trial, and you will be liable for much more than your breach of contract suit from Mr. Mignogna. You shouldn't have interjected yourself into this controversy, Mr. Slatosch. That's a nice con you had there; it's a shame this will be the last year of it.

Thanks a bunch. I look forward to your favorable deposition. "
-J Sean /sneed
 
GenericReviewerDraco dijo:
What's the worst that could happen if every "normal" (read not Supreme Court) Judge went full Chupp levels of exceptional for a month?
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"Chupp levels of exceptional" means acting like your run of the mill judge, so that's exactly what you should expect.

Answering your question (and extending beyond a month b/c appeals takes time), you can reliably expect the following:
  1. Texas Second District Court of Appeals will reject the current appeal as premature.
  2. Slatosch deposition likely is granted. I don't know what Lemoine is after here, but he clearly thinks something is worth the effort.
    1. No, there's no attorney client privilege here at all. Slatosch isn't Vic's client, he's not Ty's employee.
    2. It's very unlikely that there's any work product exceptions either.
  3. Chupp may rule on the requests for clarification that Lemoine requested.
  4. Additional Lemoine requests to Ty personally and BHBH for communications between them and Dahlin/Huber/Slatosch/Rekieta are wrangled over.
    1. I believe most of them will succeed because the attorney-client privilege does not apply to communications between the client's attorney and non-clients (unless they worked for Ty), and documents shared with them.
  5. Sanctions hearing is held. Chupp sanctions Vic.
  6. Vic appeals the final order, filings made by both parties.
  7. Second District reviews the filings, and affirms the ruling. I don't think there'll even be a hearing because the ruling was correctly decided (you may disagree but that's my guess).
  8. Vic maybe petitions for en banc review. Denied.
  9. Vic maybe appeals to SCOTX. No cert granted.
  10. Vic maybe appeals to SCOTUS. No cert granted.
 
jameshameson dijo:
been out of the loop.

can someone tell me why the fuck lemoine is wanting to depose chris slatosh of kamehacon.

are they asshurt over the leaked TI?
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More like Lemoine is fishing for info on if Ty leaked that he was gonna sue anyone else, as well as trying to put doubt into Slatosch's validity as a witness.
 
10SorrowfulObject dijo:
"Chupp levels of exceptional" means acting like your run of the mill judge, so that's exactly what you should expect.

Answering your question (and extending beyond a month b/c appeals takes time), you can reliably expect the following:
  1. Texas Second District Court of Appeals will reject the current appeal as premature.
  2. Slatosch deposition likely is granted. I don't know what Lemoine is after here, but he clearly thinks something is worth the effort.
    1. No, there's no attorney client privilege here at all. Slatosch isn't Vic's client, he's not Ty's employee.
    2. It's very unlikely that there's any work product exceptions either.
  3. Chupp may rule on the requests for clarification that Lemoine requested.
  4. Additional Lemoine requests to Ty personally and BHBH for communications between them and Dahlin/Huber/Slatosch/Rekieta are wrangled over.
    1. I believe most of them will succeed because the attorney-client privilege does not apply to communications between the client's attorney and non-clients (unless they worked for Ty), and documents shared with them.
  5. Sanctions hearing is held. Chupp sanctions Vic.
  6. Vic appeals the final order, filings made by both parties.
  7. Second District reviews the filings, and affirms the ruling. I don't think there'll even be a hearing because the ruling was correctly decided (you may disagree but that's my guess).
  8. Vic maybe petitions for en banc review. Denied.
  9. Vic maybe appeals to SCOTX. No cert granted.
  10. Vic maybe appeals to SCOTUS. No cert granted.
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There has not been a submission for an appeal yet. Merely a Notice of Appeal, within the alotted time-window given by the law. So it is very unusual that the law would consider it premature, when all the notice does is secure their right to appeal later on when the time is better. Most likely after sanctions hearing.

It could be, certainly. It is an interesting fishing expedition. The way he is going about it is quite something though. A barrage of letters, notices, and intents. It feels more like he is attempting to intimidate the man rather than anything else. There is more than just attorney-client privilege, there is also something called work-product privilege, it will extend to Ty's work. Lemoine did put in something showing desire to depose him as well, and wanting documents concerning his client. This is covered by attorney-client, and work-product privilege.

Perhaps not all, but certainly a good deal of what he requested in that document.
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It could be that some of that information will get wrangled over, even so, I do hope they make it difficult for him.
He has been attempting a few different angles to get his hands on privileged information for a while now. I do believe the reason he is going for these subjects is to get his hand on anything he can claim as part of a fraud. It is what he has been attempting to do with the GFM previously and failed miserably. I think he is trying to find something he can construe in messages there somewhere.

If he can do that, that would offer an oppertunity to lift attorney-client privilege, since that is one of the few situations that will revoke it. Not sure what he is trying to find truly by doing this. It's hard to read anything into his rabid antics.
 
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