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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Dumb Bitch Smoothie dijo:
Meanwhile, Sam in the corner ready to take his money and run for the hills:
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Although I think Marchi deserves to be dragged back in, a tiny chaotic part of me wants the COA to uphold her dismissal, for Sam to get fully paid... and then to have Sam go on Nick's show to talk about the case while the other idiots suffer through discovery.

I know that's :optimistic:, but a troll can dream.
 
Son of Sparda 84 dijo:
Can Chupp really increase the fees after the final ruling?
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From what I understand, if there was a motion to reconsider he could, but it's not likely he would, because he'd probably be asked to go over a motion to reconsider the entire TCPA hearing from Vic's team as well.

I have an unpopular opinion here that I've shared on Nick's server several times and I think it has some weight behind it. We know Chupp doesn't really have the skin for shitbags like Lemoine. He wants professionalism in his courtroom, and if one side is acting like a wheezing cunt (Lemoine), he wants to get rid of it as soon as possible. That's a major character flaw in a judge, I'll grant that 100%. That being said, I don't think he's actually as lazy as we've all made him out to be. I think this was just somethign new to him: he's never had a TCPA go before him and have arguments, they've always mediated and come to an agreement. The TCPA is such a shitshow of a law that if you're not a judge who had some type of practice before that dealt with it in some way and on a relatively common basis you're left scratching your head. I'd point to Chupp's entire five-page "ruling" on the dismissals where he cites no case law, and only vaguely mentions "the defendants showed" without attaching it to the ruling as exhibits. Chupp simply didn't know what to do and I can't say I blame him; this isn't a defense of the apparent laziness at all, but just a supposition based on what we know and what we have seen. I think Chupp did end up looking over the TCPA at the end of the day, realized he made an error but wasn't willing to overturn anything because he knows it's going to be appealed by whoever loses. If you look at the ruling itself it's a strong case that he wanted to put Vic's side, in my opinion, in a positive position for the appeal, and that's why it was worded and drafted the way it was. My opinion, I think he expects most of the defendants to come back (Marchi is the only maybe on this one, we all pretty much agree she was always the weakest case) and he'll have a clean slate. Maybe he'll even use this as a learning moment, as the appeals courts tend to be a bit on the ball and verbiose, explaining things and breaking it down Barney style so even Lemoine's west nile-riddled brain can understand it.
 
Dumb Bitch Smoothie dijo:
I still think Lemoine and Ron got into a fight over something and that's why Lemonparty hasn't done anything autistic in the last little bit. I wonder what his Twitter looks like rn. Ron and Lemoine.

Either that or his bosses tard wrangled him, considering Lemoine is making them all look exceptional.
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I think they're just stuck waiting at the moment.

For LeMosquitoed and his firm's parts, they've already done all they can to get what they want out of Chupp and they have to wait until his deadline is up to see if he gives them a better explanation of his fee awards before they can do anything else. They're waiting on that before doing much with appeals in hopes of being able to go in with a better argument than "But it's not fair!" We might see them send Chupp another letter before the deadline, or file a barebones appeal of the fees to meet a deadline, but there's not much they can do otherwise.

For Ron's part, I suspect it's finally gotten through to him that the TCPA only awards "reasonable" fees not "all" fees, and judges might not considered all the extra retarded shit that's been done for him to be "reasonable". As such, if he was pushing LeMosquitoed to do more before, he's probably holding off on it for now in fear he'll just be increasing the amount of money he has to pay his lawyers.
 
Spectre_06 dijo:
If you look at the ruling itself it's a strong case that he wanted to put Vic's side, in my opinion, in a positive position for the appeal, and that's why it was worded and drafted the way it was.
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I agree with that and the appeals court isn't idiots. They're going to know what's going on too. It will really come down to the merits of the case. I am therefore semi-optimistic about it.

A_throwaway_name62919 dijo:
For Ron's part, I suspect it's finally gotten through to him that the TCPA only awards "reasonable" fees not "all" fees, and judges might not considered all the extra exceptional shit that's been done for him to be "reasonable". As such, if he was pushing LeMosquitoed to do more before, he's probably holding off on it for now in fear he'll just be increasing the amount of money he has to pay his lawyers.
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I have trashed Lemonhead over this litigation shit and I still believe it is unethical even if he did it specifically at his client's request, but if Ron insisted on this bullshit and Lemonhead told him he wasn't likely to get paid for it so he'd have to charge, then Ron is getting fucked just the way he deserves. He is anyway, actually, but he wouldn't really have grounds to contest the fees if they're his fault.
 
AnOminous dijo:
I agree with that and the appeals court isn't idiots. They're going to know what's going on too. It will really come down to the merits of the case. I am therefore semi-optimistic about it.
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Let us say the worse possible outcome for vic happens and all charges are dismissed by the appeals court too. Can this set a bad Precedent in Texas involving defamation and TI? Actually is the dismissed case able to be used now to help dismiss other cases of defamation and TI?
 
MadPanda dijo:
Let us say the worse possible outcome for vic happens and all charges are dismissed by the appeals court too. Can this set a bad Precedent in Texas involving defamation and TI? Actually is the dismissed case able to be used now to help dismiss other cases of defamation and TI?
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Ultimately the appeals court would need to have a say in the matter, even if it's just them saying they upheld the ruling.

Chupp's was so sparse it'd be hard to make arguments even then. "The court found Plaintiff to be a limited purpose public figure for reasons," doesn't sound a good argument.
 
MadPanda dijo:
Let us say the worse possible outcome for vic happens and all charges are dismissed by the appeals court too. Can this set a bad Precedent in Texas involving defamation and TI? Actually is the dismissed case able to be used now to help dismiss other cases of defamation and TI?
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he can appeal it to the Texas Supreme Court, stressing the clear flaws and absurdities in the TCPA. His case is a great argument for “If this is not allowed to go before a Jury, than What Is?“
 
MadPanda dijo:
Let us say the worse possible outcome for vic happens and all charges are dismissed by the appeals court too. Can this set a bad Precedent in Texas involving defamation and TI? Actually is the dismissed case able to be used now to help dismiss other cases of defamation and TI?
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In short, they think they can. It’ll be sited as other cases are in case law. Mignogna V Funimation et al.
They can site it for Defamatio, and Ti.

It would be mental, but it’s possible.
 
MadPanda dijo:
Let us say the worse possible outcome for vic happens and all charges are dismissed by the appeals court too. Can this set a bad Precedent in Texas involving defamation and TI? Actually is the dismissed case able to be used now to help dismiss other cases of defamation and TI?
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Yes, and unless they uphold dismissing the TI claim on technical grounds, they'd effectively eviscerate the cause of action of tortious interference in Texas, which I think the Texas Supreme Court would have something to say about.
 
AnOminous dijo:
Yes, and unless they uphold dismissing the TI claim on technical grounds, they'd effectively eviscerate the cause of action of tortious interference in Texas, which I think the Texas Supreme Court would have something to say about.
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There's absolutely no reason to dismiss the TI, Slatosch's affidavit is not even close to necessary considering the texts and tweets.
 
The trick is we're being made to think past the sale.

"Did Vic prove TI might exist in his arguments to defeat the TCPA" is a trick. He doesn't have to.

"Did Vic show any evidence at all that TI might possibly exist to defeat the TCPA?"

"Did Vic show any evidence at all that Defamation might possibly exist to defeat the TCPA?"

"Did Vic show any evidence at all that Conspiracy might possibly exist to defeat the TCPA?"

Yes. Very much so.
 
AnOminous dijo:
I have trashed Lemonhead over this litigation shit and I still believe it is unethical even if he did it specifically at his client's request, but if Ron insisted on this bullshit and Lemonhead told him he wasn't likely to get paid for it so he'd have to charge, then Ron is getting fucked just the way he deserves. He is anyway, actually, but he wouldn't really have grounds to contest the fees if they're his fault.
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That only works if he has it written down...
 
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