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

[Urbanmech]

Don't be so quick to dismiss Lemonfuhrer Lungmoine. He's a pretty good lawyer if you're a rich major corporation being sued for something you're blantantly guilty for. He files endless amounts of bullshit, he makes the person suing and their counsel feel like shit, and his arguments are so riddled with shit that he drives up the bills for the opposing counsel by making them respond to his nonsense. He'd be piss-poor for typical corporate law and how they expect to win, but for lawsuits which should be open-shut cases in favor of the plaintiff Lemonfuhrer makes them anything but.

The problem is that MoRon are not rich enough to afford the Fuhrer. Unless Funimation/Sabat is paying his bill. Even though Funi isn't the biggest corporation, it might be worth Lemonfuhrer's price to make an example out of Vic.

Well Martinez brought up in the fees hearing how Casey got paid by Funimation but that Casey was "conveniently" absent from the hearing to be brought to the stand. So Funi may have paid the bills in other areas to make it seem less of a conflict of interest and that let MoRon able to afford Lemonaids shenanigans.

 

[AStupidMonkey]

All I'm going to say is giving a page limit to a lawyer is basically torture. Its the hardest thing for any lawyer.

I'd argue the opposite-opposite. Ty had a huge page limit initially. And it gave him a law-boner. And the court barely skimmed it, obviously.

It's not the case that lawyers hate to be brief. It's more the case that they love to get a huge page limit when they have that many pages of evidence, argument, and testimony. In, apparently, that order.

Half that probably would have been fine. We didn't need to include the entirety of the depositions.

 

[Garm]

I'd argue the opposite-opposite. Ty had a huge page limit initially. And it gave him a law-boner. And the court barely skimmed it, obviously.

It's not the case that lawyers hate to be brief. It's more the case that they love to get a huge page limit when they have that many pages of evidence, argument, and testimony. In, apparently, that order.

Half that probably would have been fine. We didn't need to include the entirety of the depositions.

I think it was better to have them in their entirety rather than hand over an edited document. Chupp seems like he would have asked "What are you hiding?!?!?!"

 

[AStupidMonkey]

I think it was better to have them in their entirety rather than hand over an edited document. Chupp seems like he would have asked "What are you hiding?!‽‽"

Yeah, much better that he went with lemonfuck's binders and powerpoints.

The whole thing's a clusterfuck. But I don't think a 1000+ page is a slam-dunk when the judge won't even give it the time of day. Hopefully Ty has learned that.

 

[Cuckoman]

Hopefully Ty has learned that.

What Ty should learn is to read people like the judge he stands in front of.
He should be able to detect reasonably quickly when the judge takes a great dislike to him and how he talks, presents, ...
just accept it as it is, step back and let someone else WHO DOES NOT GRIND THE JUDGES GEAR take over.
It is basically the job description: "don't make the judge dislike you. But if you accidentally do, step back and send someone else to the front line."
You are there not to feed your ego but to not lose your clients case.

 

[DragoonSierra]

I'm just saying that Mr. Big Time Oil Lawyer hasn't done a thing to show that he's worth whatever price he's charging, but that's been covered here to hell and back.

If he didn't have time for to give Vic's case the time it needs he shouldn't have taken the case in the first place.

We should wait for the results before we start getting mad tho.

What Ty should learn is to read people like the judge he stands in front of.
He should be able to detect reasonably quickly when the judge takes a great dislike to him and how he talks, presents, ...
just accept it as it is, step back and let someone else WHO DOES NOT GRIND THE JUDGES GEAR take over.
It is basically the job description: "don't make the judge dislike you. But if you accidentally do, step back and send someone else to the front line."
You are there not to feed your ego but to not lose your clients case.

No one in that hearing read Chupp correctly. He was on a tear because he had a bad week and was too lazy to read the actual filings. How exactly do you deal with that?

The only one who did anywhere near a decent job as a lawyer was probably Sam Johnson but even then he didnt do much.

 

[Garm]

Yeah, much better that he went with lemonfuck's binders and powerpoints.

The whole thing's a clusterfuck. But I don't think a 1000+ page is a slam-dunk when the judge won't even give it the time of day. Hopefully Ty has learned that.

All that stuff had to be put in the record at some point. Otherwise you would have to keep track of what parts were in the record and what's parts weren't in the record.

As we have seen other approaches haven't worked with Chupp either.

How many letters did Lemoine send to Chupp? Yet he didn't get a chance to depose Slatosch. So Ty being annoying and persistent would not help.

Lemoine's partner almost yelled at the judge. Being assertive didn't get them the fees they wanted.

And we know that Chupp can't be bothered to give half a fuck because he has three writs of mundamus so he can be convinced to pull some stupid, case breaking shit.

Hell, Chupp blew off writing a finding of fact for the defendants. Something he is required by law to do. He blew them off twice.

I don't understand why everyone is rehashing the TCPA hearing. It happened. Could it have gone better? Yes. Is Ty partially to blame? Yes. But as we have seen, Chupp being an obstinate brick wall to talk to no matter who does the talking. The defendants tried everything they could to get their way after their initial win and didn't get jack shit done.

 

[Kendrick]

The hearing itself matters little in Ty's sperg evaluation. Unless he stayed firm in front of the judge and made him take his documentation too, nothing would have changed and Chupp's lazyness would have still tanked the case.

But that's the thing, you can't stand firm in front of a judge and tell him he's making an serious error, or you'll be thrown out for contempt of court or someshit. Judges are scary in their courthouses.

Was Ty perfect? No. Was Ty adequate? Sorta. Could Ty have done better? Absolutely.

If he gave an ultimatum of "Discovery or TCPA", if he shutdown Lemon's constant non-filings and ex-parte love letters to Judge Chupp, if he didn't mess up with the affidavids/unsworn declarations, if he submitted all documents one day before the time limit instead of on said time limit to dodge any technical issues, if he stopped boasting on Nick's streams, and if he took Hsu earlier in the case, it might have went better.

But that's a lot of small issues that cumulate into a lost case, and that's all before the TCPA hearing.

There's one redemption arc story he can have, and that's acing the appeals process. He needs to get everything he can back from the appeals, or otherwise I will consider him too prideful and cocky.

 

[Garm]

The hearing itself matters little in Ty's sperg evaluation. Unless he stayed firm in front of the judge and made him take his documentation too, nothing would have changed and Chupp's lazyness would have still tanked the case.

But that's the thing, you can't stand firm in front of a judge and tell him he's making an serious error, or you'll be thrown out for contempt of court or someshit. Judges are scary in their courthouses.

Was Ty perfect? No. Was Ty adequate? Sorta. Could Ty have done better? Absolutely.

If he gave an ultimatum of "Discovery or TCPA", if he shutdown Lemon's constant non-filings and ex-parte love letters to Judge Chupp, if he didn't mess up with the affidavids/unsworn declarations, if he submitted all documents one day before the time limit instead of on said time limit to dodge any technical issues, if he stopped boasting on Nick's streams, and if he took Hsu earlier in the case, it might have went better.

But that's a lot of small issues that cumulate into a lost case, and that's all before the TCPA hearing.

There's one redemption arc story he can have, and that's acing the appeals process. He needs to get everything he can back from the appeals, or otherwise I will consider him too prideful and cocky.

I think Hsu has been part of the case since the beginning.

And I give everyone the second amended petition as a screw up.

But how would he have controlled the actions of the defendants? I don't think he could order them to file the TCPA. Nor do I think he could call out Lemoine's letters. Even if he could that would require Chupp to give a damn. Seeing as how Chupp doesn't sustain objections in court, why would he be bothered with Lemoine's letters?

That's what I don't understand. Are there rules Ty could have used but didn't? Or was legitimately just stuck?

 

[HTTP Error 404]

I think Hsu has been part of the case since the beginning.

And I give everyone the second amended petition as a screw up.

But how would he have controlled the actions of the defendants? I don't think he could order them to file the TCPA. Nor do I think he could call out Lemoine's letters. Even if he could that would require Chupp to give a damn. Seeing as how Chupp doesn't sustain objections in court, why would he be bothered with Lemoine's letters?

That's what I don't understand. Are there rules Ty could have used but didn't? Or was legitimately just stuck?

The only thing I can think of that he could have done was argued that the TCPA didn't apply anymore since the defendants went for Depositions. And I think that one would have ended up in an appeal fight lasting years.

 

[Gehenna]

I think Hsu has been part of the case since the beginning.

And I give everyone the second amended petition as a screw up.

But how would he have controlled the actions of the defendants? I don't think he could order them to file the TCPA. Nor do I think he could call out Lemoine's letters. Even if he could that would require Chupp to give a damn. Seeing as how Chupp doesn't sustain objections in court, why would he be bothered with Lemoine's letters?

That's what I don't understand. Are there rules Ty could have used but didn't? Or was legitimately just stuck?

He could have preserved the Lemoine love letters for appeals. It is REALLY hard to argue Chupp was NOT biased by them when he ended up taking their binder, their binder alone, and ignoring the plaintiffs. That bias alone would win a large portion of the appeal.

 

[AnOminous]

I'd argue the opposite-opposite. Ty had a huge page limit initially. And it gave him a law-boner. And the court barely skimmed it, obviously.

It's not the case that lawyers hate to be brief. It's more the case that they love to get a huge page limit when they have that many pages of evidence, argument, and testimony. In, apparently, that order.

The page limit is on the filings, not the appendix (everything else). So you're once again going to see all those transcripts and affidavits. The other side isn't supposed to submit duplicates, so you at least won't see the ridiculous trial court thing where both sides were submitting every page of everything in different forms for no real reason. So no "complimentary copy" bombs to maliciously wreck the record. That was ridiculous and intended. "No, I won't look at your copy, tell me where in the other guy's copy that you didn't get one of it is."

 

[Garm]

He could have preserved the Lemoine love letters for appeals. It is REALLY hard to argue Chupp was NOT biased by them when he ended up taking their binder, their binder alone, and ignoring the plaintiffs. That bias alone would win a large portion of the appeal.

Okay. Now we are getting some where. Then again just because I can't come up with a counter doesn't mean it doesn't exist.

 

[AnOminous]

He could have preserved the Lemoine love letters for appeals. It is REALLY hard to argue Chupp was NOT biased by them when he ended up taking their binder, their binder alone, and ignoring the plaintiffs. That bias alone would win a large portion of the appeal.

I don't even know that Chupp knew the other side didn't have a physical copy of that. He was apparently oblivious of the record. It still was a gross error. Shit like this is, incidentally, why even seemingly harmless ex parte contacts are frowned upon and considered unethical, and this kind of thing was exactly what that sluglike piece of shit Lemoine intended to happen.

 

[DragoonSierra]

I don't even know that Chupp knew the other side didn't have a physical copy of that. He was apparently oblivious of the record. It still was a gross error. Shit like this is, incidentally, why even seemingly harmless ex parte contacts are frowned upon and considered unethical, and this kind of thing was exactly what that sluglike piece of shit Lemoine intended to happen.

Could this be brought up at appeals? Would it even be worth it with the page limit?

 

[Gehenna]

Could this be brought up at appeals? Would it even be worth it with the page limit?

It wasn't preserved, so not really to any sufficient degree.

 

[nohm]

Nick said on his show that the appeal brief is limited to 27,000 words, but they may ask for more.

 

[AnOminous]

Nick said on his show that the appeal brief is limited to 27,000 words, but they may ask for more.

That's not entirely accurate.

"(B) A brief and response in an appellate court (other than a brief under subparagraph (A)) and a petition and response in an original proceeding in the court of appeals: 15,000 words if computer-generated, and 50 pages if not. In a civil case in the court of appeals, the aggregate of all briefs filed by a party must not exceed 27,000 words if computer-generated, and 90 pages if not."

That's 27,000 pages total, for all filings. You're always going to save some for sur-replies to whatever the other side tries to sneak in.

Also, this would be 27,000 for each appeal. The defendants are cross appealing.

And probably both parties will file to exceed word limits.

"Extensions. A court may, on motion, permit a document that exceeds the prescribed limit."

It's all in the rules. TRAP 9.4 has all the formalities.

 

[Spectre_06]

Hell, Chupp blew off writing a finding of fact for the defendants. Something he is required by law to do. He blew them off twice.

There's case law that says Chupp didn't have to (WISD Taxpayers Ass'n v. Waco Independent School Dist. (App. 10 Dist. 1995) 912 S.W.2d 392). "Where the court rules without determining questions of fact, requests for findings of fact and conclusions of law are neither appropriate nor effective for extending the appellate deadlines. "

"Thus, when the court dismisses a suit based on the pleadings, findings of fact and conclusions of law are not appropriate. "

 

[AnOminous]

There's case law that says Chupp didn't have to (WISD Taxpayers Ass'n v. Waco Independent School Dist. (App. 10 Dist. 1995) 912 S.W.2d 392). "Where the court rules without determining questions of fact, requests for findings of fact and conclusions of law are neither appropriate nor effective for extending the appellate deadlines. "

"Thus, when the court dismisses a suit based on the pleadings, findings of fact and conclusions of law are not appropriate. "

Chupp did not make his decision on the costs and fees on the pleadings, but upon an hours long evidentiary hearing, which presumably determined questions of fact, clearly making findings of fact and conclusions of law proper.