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

[diskboomer]

But no reasonable employer would hire a TCPA expert with 0% success on TCPA at all.

ESCUUUUUUUUSE! ME!

He won this TCPA! That's 1/7 win rate ( thanks to Chupp ) bitches! More than Tylephony Fraud has!

 

[FlappyBat]

Lets make no qualms about it, we all know the only reason the 2nd petition was filed was so Ty could get the affidavits he fucked up in to the record, so i do agree with the defendents notion that it wasn't filed in the spirit it is meant to. But this is why i hate a lot of aspects of modern legal systems, people losing on technicalities. "I can see here that you submitted evidence that 100% proves the thing you are accusing them of, buuuuut it wasn't submitted in the correct way so we are just going to pretend it doesn't exist. Woops, you can't prove they did the thing case dismissed"

Other things were included in the second amended petition. I believe some statements Marchi made were added. That might have been what fucked them over. Specifically that it wasnt just trying to get affidavits in.

 

[Girlboy69]

So I've been ignoring this shit till people started flipping shit over a hentai Funi cancelled and reminded me of this whole debacle. Did Vic score a win of some sort or are we all speculating?

 

[Focken Kiwi]

So I've been ignoring this shit till people started flipping shit over a hentai Funi cancelled and reminded me of this whole debacle. Did Vic score a win of some sort or are we all speculating?

Still waiting on appeals stuff. There's not too much going on till at least the 18th.

 

[HTTP Error 404]

So I've been ignoring this shit till people started flipping shit over a hentai Funi cancelled and reminded me of this whole debacle. Did Vic score a win of some sort or are we all speculating?

The real win was the friends we made along the way.

 

[774]

Argument. From. Common. Sense. Is. A. Fallacy. Never, never assume an absolute on this case.

Not just common sense, though. I seem to recall him saying himself he doesn't handle appeals. Was he lying about that? Possible. But I'll consider it a more reliable indication than common sense.

Still waiting on appeals stuff. There's not too much going on till at least the 18th.

Well, probably not, anyway. Theoretically, BHBC could file their brief early. Not likely, of course. But also, we all should have learned by this point not to expect things to stay boring for any length of time. Stupid things can happen at any moment in this case.

 

[Laundui_or_douchette?]

Not just common sense, though. I seem to recall him saying himself he doesn't handle appeals. Was he lying about that? Possible. But I'll consider it a more reliable indication than common sense.


Well, probably not, anyway. Theoretically, BHBC could file their brief early. Not likely, of course. But also, we all should have learned by this point not to expect things to stay boring for any length of time. Stupid things can happen at any moment in this case.

Here is how the next few weeks are going to.

1. We are going to have the legal hot takes from Lawtwitter about how Martinez and Hsu are the worst lawyers in the world for their dumpster fire of an appeal brief.

2. This will be countered by the usual orbiters taking Rackets hot takes and missing some of the points.

3. The usual ISWV youtubers will do their click bait headlines.

4. Then the defendants will file their response, and you will flip 1 & 2.

 

[2lolis1cup]

Lets make no qualms about it, we all know the only reason the 2nd petition was filed was so Ty could get the affidavits he fucked up in to the record, so i do agree with the defendents notion that it wasn't filed in the spirit it is meant to. But this is why i hate a lot of aspects of modern legal systems, people losing on technicalities. "I can see here that you submitted evidence that 100% proves the thing you are accusing them of, buuuuut it wasn't submitted in the correct way so we are just going to pretend it doesn't exist. Woops, you can't prove they did the thing case dismissed"

This is better than the alternative of discretionary admission of evidence. The courts must follow rules and every party has to as well. If you don't then it isn't just or fair.

Here is a great example of what you are talking about though. 21:52 for a timestamp

 

[TheClappening]

Here is how the next few weeks are going to.

1. We are going to have the legal hot takes from Lawtwitter about how Martinez and Hsu are the worst lawyers in the world for their dumpster fire of an appeal brief.

2. This will be countered by the usual orbiters taking Rackets hot takes and missing some of the points.

3. The usual ISWV youtubers will do their click bait headlines.

4. Then the defendants will file their response, and you will flip 1 & 2.

5. Rackets: MONICA IS FAT.

 

[Son of Sparda 84]

5. Rackets: MONICA IS FAT.

6. Rackets: Lawtwitter are dumb (which is true)

 

[Garm]

So I've been ignoring this shit till people started flipping shit over a hentai Funi cancelled and reminded me of this whole debacle. Did Vic score a win of some sort or are we all speculating?

Monica and Ron forgot to file their cross appeal brief. So their lawyers had to go ask for an extension after T. Greg and LawTwitter shit talked Vic's team about extensions.

Oh, to be sure... I'm just saying I can see why, in a normal, non-pants-on-head exceptional lawsuit, they'd be omitted.

I think the appeals court wants the entire record so they can reference what the lawyers are talking about.

Chupp just doesn't run a tight ship and some records weren't shipped because this seems like a straight forward thing Chupp's clerk should have plenty of experience with.

Argument. From. Common. Sense. Is. A. Fallacy. Never, never assume an absolute on this case. Sure, no reasonable employer would let Lemoine handle the case at this point. But no reasonable employer would hire a TCPA expert with 0% success on TCPA at all. We're dealing with pants-on-head shit here, there's no limit too stupid to happen at this point. If all 3 judges of the COA appeared on court high on LSD, and straight from the bench without so much as a fuck given in the entire process just granted vic everything, sending every single clause back to chupp, and then granted Lemwah everything saying that Vic still has to give him the whole gofundme because reasons. Would that be something anyone should expect? No. But you can't rule it out either. Not anymore. We're in fucking mirror world here there ain't no logic here.

I still think Lemoine was never a "TCPA expert." He is just there to make this case tedious.

 

[HighwayStar]

Monica and Ron forgot to file their cross appeal brief. So their lawyers had to go ask for an extension after T. Greg and LawTwitter shit talked Vic's team about extensions.



I think the appeals court wants the entire record so they can reference what the lawyers are talking about.

Chupp just doesn't run a tight ship and some records weren't shipped because this seems like a straight forward thing Chupp's clerk should have plenty of experience with.




I still think Lemoine was never a "TCPA expert." He is just there to make this case tedious.

I disagree on the Lemoine part. His shenanigans and ineptitude back in autumn were the most entertaining parts of that late November hearing. If he was a movie character, he'd be one of the greatest in the history of cinema.

 

[not william stenchever]

Sure, no reasonable employer would let Lemoine handle the case at this point.

I'm already ignorant of lawyer shit but at this point I'd be kicking his fucking ribs in over how fucking moronic he's been acting on this case if I employed him.

 

[774]

I still think Lemoine was never a "TCPA expert." He is just there to make this case tedious.

If we're being technical, he is probably not a TCPA expert, but he is a "TCPA expert", in the sense that that's what he calls himself. Two completely different things.

 

[Garm]

I disagree on the Lemoine part. His shenanigans and ineptitude back in autumn were the most entertaining parts of that late November hearing. If he was a movie character, he'd be one of the greatest in the history of cinema.

If we're being technical, he is probably not a TCPA expert, but he is a "TCPA expert", in the sense that that's what he calls himself. Two completely different things.

Sorry, just that LawTwitter screenshot a few days ago annoyed me something fierce. The one that called Ty incompetent.

Lemoine won the TCPA because Chupp did the heavy lifting.
Slatosch didn't get deposed. (An expert would not have wasted the time on this because discovery was stayed.)
Ty didn't get deposed. (Anyone with basic understanding of "attorney-client privilege" would know that was a waste of time.)
And he botched the fees hearing.

It feels like I am missing something.

Anyway, Lemoine has more losses over far more bizarre arguments than anyone claiming to be an "expert" should have. He is arguing over stuff he should have known would fail full stop. Anyone over at LawTwitter still believing that he is a "TCPA expert" should be disregarded as insane.

And even if he was told to "pad the bill" he should have had the ethics to point out "this might come back to bite you."

Right now it just seems he was put on this case because he is unethical in the manner he conducts business.

 

[LawTwitter is Dumb]

6. Rackets: Lawtwitter are dumb (which is true)

They very much are.

I hope Vics appeal brief is filed way before last minute Tuesday. File it at like noon or at least two or more hours before Wednesday.

 

[AnOminous]

Chupp just doesn't run a tight ship and some records weren't shipped because this seems like a straight forward thing Chupp's clerk should have plenty of experience with.

Ordinarily you'd be arguing about the operative pleading unless there was some reason to argue about the others. In this case, we don't even know what the operative pleading is, or should be, thanks to Chupp. Probably the first amended complaint. But there was never any actual argument about the second amended complaint because Chupp acted like he was letting it in then didn't at the last minute, cheating the plaintiffs of any opportunity to argue the issue.

 

[Garm]

Ordinarily you'd be arguing about the operative pleading unless there was some reason to argue about the others. In this case, we don't even know what the operative pleading is, or should be, thanks to Chupp. Probably the first amended complaint. But there was never any actual argument about the second amended complaint because Chupp acted like he was letting it in then didn't at the last minute, cheating the plaintiffs of any opportunity to argue the issue.

From the sound of it Vic's team has one chance to argue for appeals and Chupp made it a shell game to figure out which one needs to be argued. ( I assume the first amended petition would have to be argued differently than the second.)

Great boost of confidence here.

 

[TheClappening]

From the sound of it Vic's team has one chance to argue for appeals and Chupp made it a shell game to figure out which one needs to be argued. ( I assume the first amended petition would have to be argued differently than the second.)

Great boost of confidence here.

If Martinez Hsu is even close to approaching competent, they'll make arguments using the second amended petition, arguments why the second amended petition should be included in the record, and lastly making backup arguments using the first amended petition in case the second amended petition is rejected.

 

[Gehenna]

If Martinez Hsu is even close to approaching competent, they'll make arguments using the second amended petition, arguments why the second amended petition should be included in the record, and lastly making backup arguments using the first amended petition in case the second amended petition is rejected.

You have that exactly reversed.

Make the strongest argument possible off the first amended petition, which is for sure in. Then argue why the second one should be in, then make arguments off that.

If they use the second amended petition as the basis of their arguments they are going to user up a large amount of their wordcount on something that might get -fucked-. Focusing on the first lets them have the strongest arguments that are not in doubt of validity, and the second amended petition count hen be argued for to add in the relatively small amount(Materially) that it added.