For all the people who like to give me those "dumb" ratings, here is a new opportunity to do so, have fun!
Some of you are insisting that there are rules and procedures.
You are right, they are, but those rules and procedures account for technical errors:
In this case the second amended petition was submitted before the deadline, and a technical error occured, and the system aknowledged that a technical error occured, and ruled, following the procedure, that the submission delay was on the behalf of the system, and that the second amended petition was in fact timely submitted.
So if you want to go by the rules and procedures, your stance on the matter should be that the second amended petition should be in the record.
30 minutes before a deadline (the initial submission attempt IIRC) is still before the deadline, otherwise what's the point of a deadline?
That's why it was argued by Vic's counsel, rightfuly so, in my opinion, that this dismissal was an error and should be reversed.
So it's not only that the document was not in the record, the CoA actually actively decided it should not be in the record, which I disagree with.
Also, you can't just assert that it was dismissed for being untimely submitted as a fact.
Because, as far as I recall, Chupp never gave a reason as why he decided not to consider the second amended petition.
So when you say it was because it was untimely, I'm pretty confident that there is nothing in the record that says so.
And Lemoine was in his usual "whatever sticks" modus operandi, so who knows why Chupp made that decision...
Sidenote: I wanna say I appreciate the people who respectfuly disagree with me without calling me names.
I also wanna add that I do respect the people who argue with me too, and, as much as I disagree, I don't think you said anything stupid.
I guarantee Vic didn't approve of submitting things late because the attorney was too neglectful to get them properly notarized. The ruling from the court practically says "if your attorney entered this into the record properly, you probably would have had a case." Vic has an obvious case against Ty and his law firm, and Ty knows it, hence why he has no doubt given Vic extremely generous terms for payment and future work.
You just made a argument here that pretty much every single lost lawsuit is a case for malpractice.
People usually don't greenlight each one of their lawyer's decisions separately. Many people, if not most, just go "Do whatever you think is the best for the case", hence approving all their decisions at once.
And Vic seems to be the kind of person who does exactly that.
Also, you don't have a case for malpractice just because your lawyer made a mistake, you need a mistake made purposefuly to screw you up.
Failure, incompetence, and malpractice are 3 separate things. One doesn't automatically imply the others two.
I'm gonna get another round of negative reactions for that but i don't care, and I think it needs to be told:
Everyone talking about malpractice, stop it, you're just salty over the CoA ruling and you are coping by trying to find someone to direct your anger at.
Just chill out, there is no next step to this lawsuit, it's over.
Also, for the people who assume it's now gonna be 500k: Unless I missed something in the CoA explanation, we don't have an amount yet.
If i got it correctly, it goes back to Chupp for reconsideration on the fees.
As only Ron and Monica appealed the fees, there is no reason to think that Chupp will also double the amount for Funimation and Jamie.
So the most likely outcome, in my opinion, is that Chupp will grant Ron and Monica the extra 110k he promised and that will be it.
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