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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Useful_Mistake dijo:
Not true. They have to label it "not designated for publication". After 2003, they removed this, and all Texas opinions are considered "precedential". See Rule 47.7 of Texas Rules of Appellate Procedure.
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I stand corrected, and duly remove my disagree rating from @Kosher Salt.

However, I note that:

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It seems like they don't feel like their decision really modifies existing law in any way.

So, I suppose it CAN be cited, but would it? Was there any real novel issue in this case?

EDIT TO ADD:
In my state, all memorandum opinions are automatically not intended for publication, and can't be cited except for in limited circumstances. My bad for thinking Texas applied the same rule.
 
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Captain Manning dijo:
So, I suppose it CAN be cited, but would it? Was there any real novel issue in this case?
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The issue that I was getting at was the ruling that basically said "an amended complaint is effectively the same thing as a response to a TCPA motion, for the purposes of a rule 11 agreement (contract) that says the plaintiff's response to the TCPA motion is due by $date".

But a clever lawyer could probably try to bend that into "X looks more or less like the same thing as the contractually-specified Y, if you squint real hard..."
 
Captain Manning dijo:
So, I suppose it CAN be cited, but would it? Was there any real novel issue in this case?
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If you want to get out of a contract and have no other choices, why not? This case did establish that a judge can, sua sponte, rewrite a contract and punish you for not having fulfilled its new definition in the past. I hope Texas' citizens file tons of bullshit cases about this trying to force big corpos to lose millions of dollars or something.
 
Captain Manning dijo:
When they label a decision with "Memorandum Opinion" that means it's specifically NOT intended to be published or cited in future cases.
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That's not really true.

"In Texas there are four types of cases: Published, Unpublished, Opinions, and Memorandum Opinions.i Unpublished cases may be cited but have no precedential value.ii Memorandum opinions can be binding or persuasive, however they only must be issued for cases that are previously “settled” under existing case law and that do not establish new rule of law, involve constitutional issues, criticize existing law, or resolve a conflict of authority. iii"

I don't think any of the listed criteria apply to this case, and it's really only even potentially precedential for the very limited issues it is actually based on. However, even unpublished opinions can be cited, although the lower court can simply disregard them.

And as @Useful_Mistake noted, as with many other states, Texas has abolished the practice of designating cases unpublished.
 
AnOminous dijo:
https://www.recordgone.com/articles/understanding-texas-case-law-binding-vs-persuasive.htm "In Texas there are four types of cases: Published, Unpublished, Opinions, and Memorandum Opinions.i Unpublished cases may be cited but have no precedential value.ii Memorandum opinions can be binding or persuasive, however they only must be issued for cases that are previously “settled” under existing case law and that do not establish new rule of law, involve constitutional issues, criticize existing law, or resolve a conflict of authority. iii"
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Yeah, my familiarity is with my home state. In my state it's either a regular decision (published and biding), or memorandum (not published or binding, but can be cited as persuasive after 2015). It doesn't have the four separate mix and match definitions Texas does.

My state:
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Just ignore what I'd wrote earlier. My bad.
 
It’s hard to come to any conclusion other than that Chupp hated the case, hated that he was assigned to it and did everything he possibly could to make Vic regret bringing it. Texas is supposed to be one of the great last bastions of hope in a dying empire and yet it’s legal system appears to be a hopeless mess.
 
Someone should tell Soye he owes "reasonable" fees. Paying some expensive law firm to run up costs by dumping 1,000s of pages on the court does not meet the standard of reasonable. What Marchie paid for her lawyer would be reasonable.
 
mindlessobserver dijo:
Someone should tell Soye he owes "reasonable" fees. Paying some expensive law firm to run up costs by dumping 1,000s of pages on the court does not meet the standard of reasonable. What Marchie paid for her lawyer would be reasonable.
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Is that not what Chupp picked out at the first hearing?

It would be hilarious if he just keeps about the same fees and just adds more homework to show his Maths. I am sure we will hear about it either way...
 
Himedall All-seeing Waifu dijo:
It would be hilarious if he just keeps about the same fees and just adds more homework to show his Maths. I am sure we will hear about it either way...
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It would be even more hilarious if he's disgruntled enough being overruled on the issue that he actually does his homework, goes through their bullshit with a fine-toothed comb, and slashes their fees even more.

Yeah I know shower me with rainbows.
 
AnOminous dijo:
It would be even more hilarious if he's disgruntled enough being overruled on the issue that he actually does his homework, goes through their bullshit with a fine-toothed comb, and slashes their fees even more.

Yeah I know shower me with rainbows.
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Not that I expect it to happen, but it would be downright hilarious. I think Nick would probably start his show just by laughing for fifteen minutes straight.

Despite being two separate defendants, they effectively shared the same legal team and strategies, and most of (possibly all?) their motions were jointly filed, so it's not like they were doing twice as much work. There's a fair argument to be made that the way their defense was combined made giving each of them individually the amount that was "reasonable" for Marchi's lawyer to do just for her was generous.

I'm also curious what happens to the numbers that were just "baked in" for if Vic appealed, because those were entirely speculative... if Chupp's reasoning for the fees on the trial court level wasn't detailed enough, the way he pre-decided a cost for appealing seems even less likely to be reasonable.
 
Kosher Salt dijo:
I think Nick would probably start his show just by laughing for fifteen minutes straight.
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I think he would mostly ignore it. WW did not end well, amd he has seemed to be intentionally shedding his old audience. not to mention his own current legal woes...
Kosher Salt dijo:
I'm also curious what happens to the numbers that were just "baked in" for if Vic appealed, because those were entirely speculative... if Chupp's reasoning for the fees on the trial court level wasn't detailed enough, the way he pre-decided a cost for appealing seems even less likely to be reasonable.
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IANAL, but unless the remand instructed Chupp to reconsider those appeal penalties, he is not obligated to do so. It might not fall under his discretion to change.
 
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