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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774 dijo:
That's a good point. So they could file separately, not making the same arguments, and get more words out of it. Or they could stick together and limit their word count. 🤔 ⚖
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Actually, that makes me wonder. Since all their arguments were made by them jointly in the case being appealed, can they separate their arguments now, or are they stuck together until the appeal ends? I suppose it's academic, since I doubt they'd separate their arguments anyway, but still, it isn't something I'd thought about.
 
I can't imagine dijo:
Actually, that makes me wonder. Since all their arguments were made by them jointly in the case being appealed, can they separate their arguments now, or are they stuck together until the appeal ends? I suppose it's academic, since I doubt they'd separate their arguments anyway, but still, it isn't something I'd thought about.
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There could be value in splitting their arguments, since some claims are specifically against Ron and some are specifically against Monica, and the evidence differs

But thats probably won't be happening, they're already in the hole money wise here, I doubt they want to essentially have to pay double for two briefs rather than one.
 
Notspecialdude dijo:
Thats the thing though. If they argue that, the natural counter would be that chupp didn't make a ruling either way, Something he is supposed to do. Which would lend credibility to the plaintiff's claim that the ruling was in error.
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Remember that in filings, you can do an "A, but if not A, then B". In this case: 2AP applies, but if it doesn't, there's enough evidence in the record to beat the TCPA
 
Sheryl Nome dijo:
There could be value in splitting their arguments, since some claims are specifically against Ron and some are specifically against Monica, and the evidence differs

But thats probably won't be happening, they're already in the hole money wise here, I doubt they want to essentially have to pay double for two briefs rather than one.
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It could make the conflict of interest more obvious since Monica's best bet is really throwing the Soye Boye under the bus and claiming he did it all on his own and she had no idea how completely insane he was getting.
 
Sheryl Nome dijo:
There could be value in splitting their arguments, since some claims are specifically against Ron and some are specifically against Monica, and the evidence differs

But thats probably won't be happening, they're already in the hole money wise here, I doubt they want to essentially have to pay double for two briefs rather than one.
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Yeah, that's what I meant. There's potential value in it, but I doubt they'd actually do it because it would require more money and (I think) would also require them to retain separate counsel.
 
I can't imagine dijo:
Yeah, that's what I meant. There's potential value in it, but I doubt they'd actually do it because it would require more money and (I think) would also require them to retain separate counsel.
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It would require that. Monica's and Ron's interests sharply diverge, meaning no lawyer could represent both as separate entities since there is a clear conflict of interest.
 
I can't imagine dijo:
Yeah, that's what I meant. There's potential value in it, but I doubt they'd actually do it because it would require more money and (I think) would also require them to retain separate counsel.
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Theoretically it would require less money for whoever drops Lemoine provided they don't hire another bill padding huckster.
 
Wasn't the Lemon man's appeal brief for the Fees, along with their reason for missing, and their request for extending it due on the 21st? Anyone seen it?

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774 dijo:
They already requested, and were granted, an extension to Mar. 19.
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IIRC their reason for missing the deadline was "we were going to file our cross-appeal brief at the same time as our response to the plaintiff's brief."

There's no reason why they couldn't have simply filed a timely request for an extension, though. That is what they should have done; their deadline was in no way affected by Vic's appeal schedule, so if they wanted that schedule, they should've requested it. The extension certainly would have been granted, and everything would have been fine and dandy, but instead they made themselves look stupid by missing their deadline and having to request an extension after the deadline was already past.
 
Kosher Salt dijo:
IIRC their reason for missing the deadline was "we were going to file our cross-appeal brief at the same time as our response to the plaintiff's brief."

There's no reason why they couldn't have simply filed a timely request for an extension, though. That is what they should have done; their deadline was in no way affected by Vic's appeal schedule, so if they wanted that schedule, they should've requested it. The extension certainly would have been granted, and everything would have been fine and dandy, but instead they made themselves look stupid by missing their deadline and having to request an extension after the deadline was already past.
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And remember, as Marc Whipple tells us, ALL Lawtwitter is in complete agreement on everything and this is frightening.

So, for instance, all Lawtwitter thinks it was a complete failure for Vic's team to request an extension in a timely fashion.

But MoRon's team blowing a deadline by two weeks and having to be told they'd missed it by the court was Clarence Darrow level lawyering.

They're all in agreement on that.

It says something about Lawtwitter that is frightening.
 
break these cuffs dijo:
I can't wait to see how much of a salty bitch he is if the case gets kicked back to him and the CoA smacks him on the nose with a rolled up newspaper again.
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He won't care, he knew that was going to happen, or at least, that it was the most likely scenario. That was why he did the mediation and told them that they really should try to get to an agreement for their own sake.

Chuppah's ruling was, and still is, appeal bait, the argumentation and citations are so flimsy that any appeal court should be chomping at the bit to reverse at least some portions of it.

Honestly looking back I can see the logic of Chupp by doing it the way he did, let's say he does the opposite, rules everything in favor of Vic, now we have 3 or 4 appealing parties all with different allegiances and interests, all of them have rights to an Appeal and if that is negated they can appeal to a superior Court, but in the meantime the appeals court would have to hear all the appeals of the defendants.

However doing it the way he did, Vic appeals everything, the defendants will answer and if the appeals court decides Chupp ruled correctly Vic goes to higher court but also if they decide Chupp fucked up the defendants only have higher court as their appeal option, and let's be honest higher courts have a lower chance of listening to them that they would listening to Vic.

In a way this method is simpler, because due to how Chupp fucked up during the first part of this whole shit show, appeals are honestly something that either side could have gone for with a good chance of winning them. That is how egregious Chupp's Fuck Up's were.

The way things are now KV feels like winners, but honestly the defendants are in a very fucked up position, they have to argue that Chupp in all his "I don't give a fuck about standard procedure, I have been countermanded by the appeals court several times and I don't need citations in my rulings." glory did his job well, and was correct in all his choices and determinations, even those that were not his to decide.

Can you imagine having to argue THAT, your best bet is to say "yes THIS GUY did everything by the book and made no mistakes, no sire." And then they point at Chupp...

That is why the answers from the defendants are going to be awesome, and why many in lawtwater are trying to distance themselves from this case before that happens.
 
break these cuffs dijo:
I can't wait to see how much of a salty bitch he is if the case gets kicked back to him and the CoA smacks him on the nose with a rolled up newspaper again.
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They probably won't. Appeals courts generally try to maintain civility. On the rare occasions they don't, it's a real smackdown, but don't expect that.

He'll be salty enough that he just got reversed, again, for basic bitch mistakes. He claimed not to be upset by this but the very fact he mentioned it at all puts the lie to that.

I'd rather he do a competent job than be salty. Presumably he is competent to manage a jury trial at least.
 
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