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

[774]

Because the desperate fuckwits on the defense have Low T on sped dial, since he's their public relations wing.

Left this in my multiquote and almost forgot about it. That's a pretty good one.

As far as I can see, this shit is good, it's clear concise and to the point, it's going to be funny to see the answer from the defendants, because I don't know what they can argue to say Chupp was correct in his rulings, hell Chupp couldn't give good reasoning behind his rulings.

Don't worry, they'll probably come up with some bizarre shit. I wonder if they'll try repeating their defamation even in their reply brief. That'd be something. Real stupid, seeing as the CoA will probably be less impressed by such garbage than the trial court (and we know even Chupp, as exceptional as he is, didn't like Lemoine's antics at the TCPA hearing; he may well not have actually read a lot of his filings, which is a real shame). I bet they'll try to bring up the notary thing

Well, it's not supposed to be Lemoine handling the appeals for MoRon. What do we know about Rusty?

So if you want to be citing binding opinion, you have to be citing it from your own District Court of Appeals.

Or a Supreme Court, I would assume?

So defendants have 30 days to write a brief countering this? Fuck this is going to be a long ride.

Bets on them asking for an additional extension, despite already fucking up and then graciously being given one?

Well, we have to wait a couple months for the CoA hearing.

No certainty on the time frame, surely.

 

[Pepper Jack]

The good news is that Jamie has 6 months to lose a bunch of weight so she looks halfway decent for her deposition.

Smile for the deposition camera Jamie!

 

[774]

The good news is that Jamie has 6 months to lose a bunch of weight so she looks halfway decent for her deposition.

Smile for the deposition camera Jamie!

I so want her to be deposed. The TCPA gave us all blue balls on that (oh, and people from Funi too, of course, but that seems less interesting).

 

[Garm]

So if Vic wins any of these, do the defendants get to appeal the appeal ruling?

Yes. They probably will in the blind hope that Vic would tire of the lawsuit and call it off. Or settle if something is on the table. Monica and Ron will fight this to the bitter end.

 

[TexOffender]

Yes. They probably will in the blind hope that Vic would tire of the lawsuit and call it off. Or settle if something is on the table. Monica and Ron will fight this to the bitter end.

At some point the lawyers are going to say, "pay us" and that will be what stops it.

 

[774]

Yes. They probably will in the blind hope that Vic would tire of the lawsuit and call it off. Or settle if something is on the table. Monica and Ron will fight this to the bitter end.

But 10% is not great odds. BTW, @AnOminous, at what point does the SCOTX approve or deny cert? I mean, how much gets to be filed before they make their decision? Also, would this even have standing in SCOTUS? I'm not clear on that.

 

[mindlessobserver]

One question I have. If this gets kicked back down does Chupp get the case again or someone else?

 

[Laundui_or_douchette?]

One question I have. If this gets kicked back down does Chupp get the case again or someone else?

Most likely it goes back to Chupp, unless the CoA thinks that he Chupped it that badly.

 

[Dr. Geronimo]

One question I have. If this gets kicked back down does Chupp get the case again or someone else?

Chupp gets it back, but this is a jury trial so he can't do much more to fuck this up.

 

[mindlessobserver]

Chupp gets it back, but this is a jury trial so he can't do much more to fuck this up.

We haven't done motions for dismissal for lack of a case and summary judgement yet. He could still Chupp it up

 

[Kendrick]

Chupp gets it back, but this is a jury trial so he can't do much more to fuck this up.

I keep reading that, but doesn't he remains the absolute authority while in the courtroom? Can't his impatience and disregard for the rules be a incredible hurdle if he decides badly like he did in the tcpa hearings?

 

[Wernstorm]

So is the second amended petition at least in the record? in the appeal brief they mention the texts to Slatosh which if i recall correctly was only in the second petition

the footnote for this leads to pages from CR Vol. 1 & 4. Does CR strand for court record or am i dumb?

 

[FGO-Professor-P2PBTW]

From my understanding, if the appeals go through and the case is back on, the defendants can appeal to the Supreme Court of Texas. They don't have to accept it, they can just kick it back down and say "do the case, we don't care." Of course, the reverse is also true. But if the case is back on, it sounds like it would be a jury trial, in which case the lawyers are no longer arguing in front of/to Chupp, but to the jury. Chupp is there to just do judge things, but there is still a possibility for him to Chupp things up.

 

[diskboomer]

So is the second amended petition at least in the record? in the appeal brief they mention the texts to Slatosh which if i recall correctly was only in the second petition

Ver archivo adjunto 1154208

the footnote for this leads to pages from CR Vol. 1 & 4. Does CR strand for court record or am i dumb?

The texts have been in for ages, you’re confusing them for the unsworn decelerations which where in the 2nd AP. Plus that was never struck from the record officially, Chupp just said he wasn’t considering it.

 

[TheClappening]

We haven't done motions for dismissal for lack of a case and summary judgement yet. He could still Chupp it up

Isn't dismissal for lack of a case exactly what the TCPA is?

the footnote for this leads to pages from CR Vol. 1 & 4. Does CR strand for court record or am i dumb?

Pretty sure it's Clerk's Record, but otherwise correct.

From my understanding, if the appeals go through and the case is back on, the defendants can appeal to the Supreme Court of Texas. They don't have to accept it, they can just kick it back down and say "do the case, we don't care." Of course, the reverse is also true. But if the case is back on, it sounds like it would be a jury trial, in which case the lawyers are no longer arguing in front of/to Chupp, but to the jury. Chupp is there to just do judge things, but there is still a possibility for him to Chupp things up.

Chupp will still have to be fact finder for motions for summary judgment, so there's that. If Vic gets past that, then it goes to a jury of twelve(?)

Although, I will laugh my ass off if Vic does a motion for summary judgment and Chupp rules in his favor.

 

[mindlessobserver]

Isn't dismissal for lack of a case exactly what the TCPA is?

Nope. That happens after all the depositions and discovery is complete. The defense will then claim that after an exhaustive investigation that they complied with fully the plaintiffs couldn't find shit so the case needs to be dismissed. Plaintiff then argues the opposite.

 

[5t3n0g0ph3r]

So is the second amended petition at least in the record? in the appeal brief they mention the texts to Slatosh which if i recall correctly was only in the second petition

Ver archivo adjunto 1154208

the footnote for this leads to pages from CR Vol. 1 & 4. Does CR strand for court record or am i dumb?

Yes.
BOTH versions petition were filed into the record (there was a request for them not too long ago and it was granted).

 

[remiem]

Yes, and vice versa.

Does he get to appeal them appealing the appeal.

How does anything get done in this system.

 

[Imperial Agent]

The texts have been in for ages, you’re confusing them for the unsworn decelerations which where in the 2nd AP. Plus that was never struck from the record officially, Chupp just said he wasn’t considering it.

From my understanding it is not part of the record right now, which is the reversible error Vic is Appealing.

Chupp initially said he would likely consider it, then later rejected it and said it wasn’t admissible.

 

[AnOminous]

But 10% is not great odds. BTW, @AnOminous, at what point does the SCOTX approve or deny cert? I mean, how much gets to be filed before they make their decision? Also, would this even have standing in SCOTUS? I'm not clear on that.

Whoever wants it reviewed files a petition, then the other side files a reply to that in opposition (or doesn't). Then they either agree to hear it and get merits briefs from both parties, or refuse it, usually just in a list of several cases they've rejected, without explanation.

How does anything get done in this system.

Slowly and at exorbitant expense.