Weeb Wars / AnimeGate / #KickVic / #IStandWithVic / #vickicksback - General Discussion Thread

[5t3n0g0ph3r]

Don't think Anime Matsuri are gonna be reaching out to Nick to come next year.

Why? Nick's built up a 3-year rapport with the Leighs enough to convince them to get a YouTube corner at the convention.
And by the looks of the pictures and footage of it, the corner did attract a lot of people to come to the convention even if was just to see Nick himself.

 

[Random Internet Person]

Once the 2nd amended petition couldn't come in Ty's fuck up doomed the case. Vic's only win was the fees getting lowered and now that's undone. Now he's 500k+ in the hole due to some fat larping faggot of a lawyer. I hope he slaps Ty with a malpractice lawsuit.

1. What was the final GFM tally? Because depending on what it is, it may not be enough since the defendants will likely go for everything of Vic’s that they’re allowed to get.

2. I doubt Vic will do that malpractice because again, he’s too nice and really think Ty did the best he could. Also, more money would have to go into more legal proceedings and I doubt more would be willing to throw money to GFM after a loss.

Ass clapper is right.

As annoying as it is, Ty failed to prove there was enough of a case and the appeals courts called him out on it. They noted that he would have had something going had he properly admitted the correct evidence, but he flubbed it and rules are rules.

It really sucks but that's why the court system has these proceedures in place. You have to follow them and if you mess up, that's on you.

That’s probably the worst part of it all. And I doubt that there’s going to be any money left over to find anything resembling a do over now.

 

[TheClappening]

1. What was the final GFM tally? Because depending on what it is, it may not be enough since the defendants will likely go for everything of Vic’s that they’re allowed to get.

That’s probably the worst part of it all. And I doubt that there’s going to be any money left over to find anything resembling a do over now.

The GFM isn't Vic's. It's Ty's, used on Vic's behalf.

Also there's no do overs. Everything is dismissed with prejudice, and anything else is way past the statute of limitations.

 

[Random Internet Person]

The GFM isn't Vic's. It's Ty's, used on Vic's behalf.

Also there's no do overs. Everything is dismissed with prejudice, and anything else is way past the statute of limitations.

But still, won’t everything after the GFM have to come out of Vic’s pocket. And since there’s no do overs, could there be evidence of malpractice if Vic was more ruthless like Nick, or was that Hanlon’s Razor at play?

 

[Himedall All-seeing Waifu]

1. What was the final GFM tally? Because depending on what it is, it may not be enough since the defendants will likely go for everything of Vic’s that they’re allowed to get.

2. I doubt Vic will do that malpractice because again, he’s too nice and really think Ty did the best he could. Also, more money would have to go into more legal proceedings and I doubt more would be willing to throw money to GFM after a loss.


That’s probably the worst part of it all. And I doubt that there’s going to be any money left over to find anything resembling a do over now.

If you think any of that GFM is left, you are sadly mistaken.

The GFM isn't Vic's. It's Ty's, used on Vic's behalf.

Also there's no do overs. Everything is dismissed with prejudice, and anything else is way past the statute of limitations.

It is Vic's, held in trust by Ty. According to the rules of the trust, Ty returns any balance remaining to Vic at the end of the case--or transfers it to another IOLTA for another lawyer if Vic changes representation.

 

[Mister Y2]

That's literally how the courts run. They make rulings, and the ruling was that critical evidence was not properly put in the record because Ty fucked up.

No evidence, no case.

For fuck sake...
I'm saying that Chupp, as a juge, should not have dismissed the second amended petition.
Do go telling me that this is "how the courts run" as if juge were magically immune to making mistakes.

Thinking Ty fucked up is an opinion, a legit one, yet not an absolute truth, just an opinion.
You can disagree on a personal level, but my opinion that Chupp is the one who fucked it up the most by not doing his job properly is no less valid.
Chupp should have either admitted the second petition, or kept the first version, not stroke the later and then decided not to consider the former.
And I'm not gonna change my mind just because the CoA said otherwise, I think they're wrong too.

I remember that everybody here used to agree that Chupp was a disaster of a juge.
So how can it now be all on Ty if Chupp was a disaster of a juge?
I'm not gonna forget what a joke this hearing was...

Also, it's easy to blame Ty afterward, but can anyone say that they could have handled Chupp better? I sure don't.
Law ain't science, Ty had a strategy, it didn't work, sometime it's how it is, and that's all there is to it.

PS: Some people here also seems to forget that a juge has entire discretion as what he do with the evidences.
You can all talk about "rules", the most important rule is that the juge decides, juges go against the rules all the time.

 

[TheClappening]

Also, it's easy to blame Ty afterward, but can anyone say that they could have handled Chupp better? I sure don't.

They could have handled Chupp better by getting the evidence in on time.

This topic wouldn't even be a thing if Ty had gotten those critical affidavits in. All he had to do was try to collect them a few days earlier. Failing that, he could've just gotten non-notary unsworn declarations (which we know work because Erica McCord's worked).

The Tylophone Notary was a fuck up of fatal proportions.

 

[Confused Doggo]

I'd say it was both the judge and Ty.

The judge started the problem by thinking a prima facie case was the actual trial, and refusing to see the evidence the prosecution did have at that time. Granted, Ty should have brought EVERYTHING anyway as a precaution; not saying he should have expected the judge to fuck up, but it's good to be prepared for things going wrong.

Any misfiling of evidence and late submissions are on Ty, though. I don't know how that happened, but it is his responsibility. I remember on one occasion when he was trying to submit things at the last minute so that the defendants wouldn't be able to oppose it or something, but things happened with their computers which made it late, but it shouldn't have come to that; the most important thing is to get it submitted. Any bullshit the defendants tried could be dealt with in court, rather than pissing off the court itself.

I wouldn't even call it a trial loss since it never got to that point. It was a dismissal, and one that could have been avoided, so it's still a loss.

Overall, a clusterfuck.

 

[TheClappening]

I'd say it was both the judge and Ty.

The judge started the problem by thinking a prima facie case was the actual trial, and refusing to see the evidence the prosecution did have at that time. Granted, Ty should have brought EVERYTHING anyway as a precaution; not saying he should have expected the judge to fuck up, but it's good to be prepared for things going wrong.

Chupp chupping up was annoying, but wouldn't have been fatal. Vic just takes it up to the higher court and goes look, I did everything right but this judge is a dummy. We know the court has no qualms with reversing Chupp's retarded TCPA decisions, since that's what they did in Ramsey's Rods v. Maggrets. We also know valid defamation cases can prevail against the TCPA despite being dismissed at the trial court level. See Miller v. Schupp.

But when you can't get critical evidence in, the court can only call you a retard and dismiss it.

 

[TexOffender]

Tipster going over the Vic stuff. He's center-vic.

 

[Captain Manning]

Chupp and the CoA failed to consider justice over paperwork, which is what juges are expected to do.

This made my head hurt.

A judge is expected to objectively interpret and apply the law as codified by the relevant legislative and regulatory bodies. Full stop.

Chupp was far from perfect but, to be perfectly honest, his adverse rulings were nowhere near as bad as Ty's fuckups. On several occasions, it became demonstrably evident that Ty did not follow the law or the rules of procedure. This thud is the end result of that.

That’s probably the worst part of it all. And I doubt that there’s going to be any money left over to find anything resembling a do over now.

There can be no do-over, because the (now affirmed) dismissal is with prejudice. Money is irrelevant. Procedure forbids it. Barring a hail mary reconsideration by the CoA (very unlikely), or a cert granted by TX Supreme Court (even more unlikely), this is over. It sucks ass, but there you go.

 

[Random Internet Person]

There can be no do-over, because the (now affirmed) dismissal is with prejudice. Money is irrelevant. Procedure forbids it. Barring a hail mary reconsideration by the CoA (very unlikely), or a cert granted by TX Supreme Court (even more unlikely), this is over. It sucks ass, but there you go.

With everything that happened to Vic, his career, and its prospects, it's hard to read that sentence and not get depressed.

 

[5t3n0g0ph3r]

Tipster going over the Vic stuff. He's center-vic.

He is unironically reading from the Gizmodo article.

 

[Jonah Hill poster]

Tipster going over the Vic stuff. He's center-vic.

I remember when Tipster found out Kiwi Farms was DDOS’d on the Internet due to the Near aka “byuu” situation, he thought that he meant to the site would be gone forever. Good times.

Anyway, I guess it’s nice that he’s somewhat supportive of Vic.

 

[Captain Manning]

I remember when Tipster found out Kiwi Farms was DDOS’d on the Internet due to the Near aka “byuu” situation, he thought that he meant to the site would be gone forever. Good times.

If that's how he responses to a DDOS of the Farms, I can't imagine what he thinks about the shit going on right now with Keffals. He might think we're going to all be marched into the village square and summarily shot.

I don't have any animus towards Tipster necessarily, but he always struck me as a bit... dim.

 

[Mister Y2]

They could have handled Chupp better by getting the evidence in on time.

Except... it was in on time...?

Here are a few key points you all seem to have forgotten:
1) The initial submission failed due to a technical error and there is a document in the record literally saying that it was not on Ty's behalf and that the document is "considered timely submitted".
2) It's during the hearing that Lemoine complained about the document with bullshit excuses, and, likely wanting to simply move on, Chupp said that he didn't think he would consider it anyway and shut everyone up.
3) Doing this instead of properly handling it, Chupp did not gave Ty the proper frame to argue as why the second amended petition should stay in the record.
4) At the end of the hearing, nobody could even fucking tell if this document was in the record or not because Chupp never said he stroke it.
5) Chupp never told either the reason he decided not to consider it.
So you can all grandstand about the rules of the court, but it seems you've forgotten that Chupp kept whipping his ass with those rules, including here.

I'm listing that out of my own recollection, so I might be off a bit, but this is globally what happened regarding the second amended petition.
This was not a simple case of a document being dismissed for simply being submitted after the deadline.

Also, if can't you see how moronic the CoA explanation is, here is a pinpointed observation:
The CoA thinks that Vic has a case but that Ty fucked it up... Well, if they think Vic has a case, that should be enough to defeat the TCPA.
They say that the record lacks the required evidences to show that Vic has a case but still can tell Vic has a case.
From what can they tell Vic has a case if not from the evidences in the record?

EDIT; Just to be clear, when I say "you", I'm talking about all the people who disagree with me, not especially TheClappening.
And I'm perfectly fine with people thinking Ty's fuck up is the main reason for the ruling, I just think it's an arguable opinion.

This made my head hurt.

A judge is expected to objectively interpret and apply the law as codified by the relevant legislative and regulatory bodies. Full stop.

Hard disagree.

Judges are supposed to use their own judgement when applying the law in order to seek justice, that's why they're called "judges".
Judges are supposed to be the human element able to consider the larger context of a lawsuit and to rule accordingly.
Judges are allowed to "overwrite" the codified rules, that's what the concept of "precedent" is all about.
The codified rules are just a general idea of the law, and can't cover all possibilities.

If the law was only about applying a codified set of rules, there would be no need for hearings, it would all be paperwork.

And we've seen a judge doing exactly that countless times in the Depp vs Heard lawsuit.
She allowed a lot questions that the rules would have forbidden because she judged it to be the fair thing to do.

 

[Random Internet Person]

Except... it was in on time...?

Here are a few key points you all seem to have forgotten:
1) The initial submission failed due to a technical error and there is a document in the record literally saying that it was not on Ty's behalf and that the document is "considered timely submitted".
2) It's during the hearing that Lemoine complained about the document with bullshit excuses, and, likely wanting to simply move on, Chupp said that he didn't think he would consider it anyway and shut everyone up.
3) Doing this instead of properly handling it, Chupp did not gave Ty the proper frame to argue as why the second amended petition should stay in the record.
4) At the end of the hearing, nobody could even fucking tell if this document was in the record or not because Chupp never said he stroke it.
5) Chupp never told either the reason he decided not to consider it.
So you can all grandstand about the rules of the court, but it seems you've forgotten that Chupp kept whipping his ass with those rules, including here.

I'm listing that out of my own recollection, so I might be off a bit, but this is globally what happened regarding the second amended petition.
This was not a simple case of a document being dismissed for simply being submitted after the deadline.

Also, if can't you see how moronic the CoA explanation is, here is a pinpointed observation:
The CoA thinks that Vic has a case but that Ty fucked it up... Well, if they think Vic has a case, that should be enough to defeat the TCPA.
They say that the record lacks the required evidences to show that Vic has a case but still can tell Vic has a case.
From what can they tell Vic has a case if not from the evidences in the record?

EDIT; Just to be clear, when I say "you", I'm talking about all the people who disagree with me, not especially TheClappening.
And I'm perfectly fine with people thinking Ty's fuck up is the main reason for the ruling, I just think it's an arguable opinion.



Hard disagree.

Judges are supposed to use their own judgement when applying the law in order to seek justice, that's why they're called "judges".
Judges are supposed to be the human element able to consider the larger context of a lawsuit and to rule accordingly.
Judges are allowed to "overwrite" the codified rules, that's what the concept of "precedent" is all about.
The codified rules are just a general idea of the law, and can't cover all possibilities.

If the law was only about applying a codified set of rules, there would be no need for hearings, it would all be paperwork.

And we've seen a judge doing exactly that countless times in the Depp vs Heard lawsuit.
She allowed a lot questions that the rules would have forbidden because she judged it to be the fair thing to do.

So do you think Vic has a case for malpractice or not?

 

[Son of Sparda 84]

Vic sold his house?

seibaaris recoil on Twitter: "Yes, Vic Mignogna sold his house and ha…

archived 23 Aug 2022 12:47:25 UTC

archive.ph

 

[Mister Y2]

So do you think Vic has a case for malpractice or not?

I don't think so.
This was a mistake, sure, but this was no malpractice, and I would feel the same even if I thought this mistake was the main reason for Vic's lost.
Unless Ty's strategy wasn't approved by Vic, but I have no reason to think it wasn't.

 

[LawTwitter is Dumb]

Vic sold his house?
View attachment 3637801View attachment 3637802

seibaaris recoil on Twitter: "Yes, Vic Mignogna sold his house and ha…

archived 23 Aug 2022 12:47:25 UTC

archive.ph

And they don’t post any proof of him selling his house.