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

[AnOminous]

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.

Given that it isn't exactly clear what Chupp even did in a number of instances, there will be a fair amount of arguing in the alternative. I expect the brief to exceed page limits.

 

[774]

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.

Sensible, though what about the affidavits? Because of the notary fuckup, they ended up withdrawing those. And their replacements are... in the 2AP...

 

[diskboomer]

Sensible, though what about the affidavits? Because of the notary fuckup, they ended up withdrawing those. And their replacements are... in the 2AP...

They were never struck as part of the 2AP. Lemon even wrote ex parte letters to Chupp asking him to strike it from the record. They were all ignored.

He just said he didn’t consider it, because he saw the TCPA hearing as a trial, and due to a technicality you can’t submit new stuff less than a week Before trial.

 

[Gehenna]

Sensible, though what about the affidavits? Because of the notary fuckup, they ended up withdrawing those. And their replacements are... in the 2AP...

This is why you use the remaining wordcount to argue for the 2AP. The idea isn't to ignore the 2AP entirely, its to focus on the 1AP since it is without a doubt in the record, then to use remaining wordcount to first argue for the 2AP's inclusion then, assuming that is allowed, for what was in it but not the 1AP.

 

[DragoonSierra]

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.

Look at it this way. If Lemony is the trial lawyer then its an automatic win for Vic.

 

[ogmudbone]

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

Quite possibly the most wholesome thing ever said on the farms.

 

[774]

Quite possibly the most wholesome thing ever said on the farms.

And one of the corniest, perhaps.

 

[Spectre_06]

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.

It's like if I said I'm an expert in the Browning Machine Gun, Cal. .50, M2, HB, Flexible. A crew-served weapon in the military. I just gave you the designation, I've used it in training and schooling. Does that, however, make me an expert? No, it doesn't. I never used it outside of those scenarios. For Lemoine it's the same thing: he throws it out there and then acts like it's true.

 

[AnOminous]

For Lemoine it's the same thing: he throws it out there and then acts like it's true.

Chupp believes falsely calling someone a rapist and a pedophile isn't defamatory.

But even he doesn't believe Lemoine is a "TCPA expert."

 

[LawTwitter is Dumb]

Chupp believes falsely calling someone a rapist and a pedophile isn't defamatory.

But even he doesn't believe Lemoine is a "TCPA expert."

I still laugh at Chupp questioning Lemons "expertise" during the fees and sanctions hearing, oh that was some good stuff.

 

[HighwayStar]

I still laugh at Chupp questioning Lemons "expertise" during the fees and sanctions hearing, oh that was some good stuff.

The best part was when Chupp put Johnson on the stand and questioned how he managed to do his job for a fourth of how much Lemoine was billing, even though Lemoine was supposed to be the “expert”.

 

[DuckzillA]

We have a betting line on whether or not bhbc fucks this filing up tomorrow?

 

[774]

The best part was when Chupp put Johnson on the stand and questioned how he managed to do his job for a fourth of how much Lemoine was billing, even though Lemoine was supposed to be the “expert”.

And I seem to recall him actually trying to defend Lemoine's nonsense. He was doing okay until that point.

 

[Fox Fucker]

We have a betting line on whether or not bhbc fucks this filing up tomorrow?

The worst that could happen is they wait until the last hour and try to upload the brief then. Last time they did it they were technically late due to file size errors. I'd hope they file the brief at least before close of business tomorrow.

 

[mindlessobserver]

I question the wisdom of waiting till the last minute anyway. Especially for digital filing. Get that shit in around 4 pm and tell the office to meet at the bar by 6 to celebrate getting the job done.

 

[Polyboros2]

I question the wisdom of waiting till the last minute anyway. Especially for digital filing. Get that shit in around 4 pm and tell the office to meet at the bar by 6 to celebrate getting the job done.

Allegedly some of the more damning affidavits were finalized late in the afternoon on the day it was due. They pushed it to the last minute cause they got a hold of really damning testimony.

 

[AlphaBadger]

Quite possibly the most wholesome thing ever said on the farms.

Aww, so many warm fuzzy feelings

 

[Fox Fucker]

Something in the main VicKicksBack thread made me wonder. They seem pretty confident everything will go just fine, but what if they didn't file a brief for the fee appeal because they think that, once a count or three goes back to Chupp, they can win again (again, in their mind, but it might be a possibility if Chupp keeps Chuppin') and then ask for the new, bigger amount that will inevitably be in the GFM?

 

[AnOminous]

Something in the main VicKicksBack thread made me wonder. They seem pretty confident everything will go just fine, but what if they didn't file a brief for the fee appeal because they think that, once a count or three goes back to Chupp, they can win again (again, in their mind, but it might be a possibility if Chupp keeps Chuppin') and then ask for the new, bigger amount that will inevitably be in the GFM?

They only get all their fees if they win the TCPA. The ordinary rule if it goes back and they win at trial is they pay their own fees.

 

[Honka Honka Burning Love]

And one of the corniest, perhaps.

Also gayest.