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

[RodgerDodger]

It's amazing that these lawyers have no grasp of basic terms, but an asshole who's managed a bachelor's in criminal justice can cite the definitions to help them along. It's almost like all these people are the bottom 10% of their respective classes.

What's worrying is this dude is an Appellate Lawyer out of Dallas. So this should be within his bailiwick. Is there some missing context to this tweet that would make it mean the opposite of what he seems to be saying?

 

[Gehenna]

Correct me if I am wrong, but I could swear I read that in the event of a partial denial, they don't get an interlocutory Appeal? That would have to be appealed after a trial verdict. If any portions of the TCPA are held up they don't get the magic stop everything appeal. (Now I wish I could remember where I was reading that?)

I did a bit of digging just to figure out what this is and uhm... they can't get one, period.

Interlocutory appeal
Appeal from an interlocutory order. Interlocutory appeals are extremely rare; a three-part test determines whether the collateral order exception to res judicata makes such an appeal possible:

1. the order must have conclusively determined the disputed question;
2. the order must “resolve an issue completely separate from the merits of the action”;
3. the order must be “effectively unreviewable on appeal from a final judgment.”
(Hallock v. Bonner, 387 F.3d 147 (2d Cir. 2004).)

They'd fail both 2 and 3. A TCPA is absolutely ABOUT the merits of the action, and the action itself is fully reviewable on appeal,

Source:

Interlocutory appeal

www.law.cornell.edu

 

[RodgerDodger]

https://texasantislapp.com/texas-anti-slapp-statute-and-interlocutory-appeals/

Thank you. That's it.

Update

December 2018. In Song v. Lee, 13-18-00267-CV, (Tex. App. – Corpus Christi-Edinburg December 6, 201 the court of appeals held that because the order granting a motion to dismiss under the Texas Anti-SLAPP law (TCPA) was not a final judgment that disposed of all issues, the court had no jurisdiction to hear an appeal.

Because we do not have jurisdiction to consider the merits of the trial court’s interlocutory decision to grant Lee’s motion to dismiss pursuant to the TCPA, we grant Lee’s motion to dismiss for lack of jurisdiction and dismiss Song’s appeal without prejudice to refiling once the trial court renders a final, appealable judgment. In addition, we deny Song’s motion to accept the appeal. We also deny Song’s alternative motion to accept his motion as an original proceeding because he has an adequate remedy by appeal from a final judgment.

 

[Sheryl Nome]

It just occurred to me that Casey and Lemon Fuhrer might actually be shitty lawyers and the only reason they got picked up for this is that they're cheap. I might be a bit late on this potential revelation but I like to give the benefit of the doubt that no one could be this bad aside from Douchette.

No, they are by all accounts, very expensive lawyers, Marchi's lawyer is a cheap lawyer

You might notice that Marchi's lawyer is competent.

Nick is also a cheap lawyer. Notice how he is not a moron.

Almost like cost of a lawyer has nothing to do with their skill

Almost like being a Super Lawyer makes you a faggot.

 

[Spectre_06]

What's worrying is this dude is an Appellate Lawyer out of Dallas. So this should be within his bailiwick. Is there some missing context to this tweet that would make it mean the opposite of what he seems to be saying?

https://twitter.com/HaygoodLaw/status/1154231346048524288

He's saying that there's no reason to move to strike anything because the judge is going to view everything as most favorable to Vic anyways, so they might as well spend time loking up evidence to fight the TCPAs.

He, of course, is ignoring that Ty is likely playing on the judge being pissed with the time his law clerks have had to waste on the frivolous motions and "exhibits" that don't pass muster in terms of relevance to the case/TCPA, or ore just scandalous in nature. Ty, therefore, is trying to make things easier on Judge Chupp, which will win him brownie points with said honorable judge of this court, as well as make him more willing to say, "Okay, they're hitting me with all this stuff that makes no sense for this case, what are they hiding?" and he rules against them. It's a good play, because no matter what it looks like Ty actually gives a shit about the court's time (and he does, but it's about appearances after all) and he's trying to make sure the judge doesn't have to put "aspirin" and "Extra Strength Maalox" as business expenditures on next year's taxes.

 

[NotaLolyer]

Is this Lane person supposedly a Lolyer? Because he would seem to be arguing things that mean the exact opposite of what he is arguing? The Plaintiff is the non-movant in this motion. And he's arguing that they will consider All evidence etc, without realizing that the rules of evidence for what they consider would rather clearly still apply.

Wow BTFO and bodied by citations and rules and yet they’re still trying to justify things that can’t be done at this stage lmao

 

[N1bbaN3rd]

It just occurred to me that Casey and Lemon Fuhrer might actually be shitty lawyers and the only reason they got picked up for this is that they're cheap. I might be a bit late on this potential revelation but I like to give the benefit of the doubt that no one could be this bad aside from Douchette.

"Cheap" lawyers are still damn expensive, though.
It's almost as though Nick was giving sound advice when he was suggesting that everybody involved in this shitshow should just settle with Vic.

 

[NotaLolyer]

https://twitter.com/HaygoodLaw/status/1154231346048524288

He's saying that there's no reason to move to strike anything because the judge is going to view everything as most favorable to Vic anyways, so they might as well spend time loking up evidence to fight the TCPAs.

He, of course, is ignoring that Ty is likely playing on the judge being pissed with the time his law clerks have had to waste on the frivolous motions and "exhibits" that don't pass muster in terms of relevance to the case/TCPA, or ore just scandalous in nature. Ty, therefore, is trying to make things easier on Judge Chupp, which will win him brownie points with said honorable judge of this court, as well as make him more willing to say, "Okay, they're hitting me with all this stuff that makes no sense for this case, what are they hiding?" and he rules against them. It's a good play, because no matter what it looks like Ty actually gives a shit about the court's time (and he does, but it's about appearances after all) and he's trying to make sure the judge doesn't have to put "aspirin" and "Extra Strength Maalox" as business expenditures on next year's taxes.

No he’s just assuming Ty doesn’t already have all that stuff to fight the TCPA

 

[mindlessobserver]

No, they are by all accounts, very expensive lawyers, Marchi's lawyer is a cheap lawyer

You might notice that Marchi's lawyer is competent.

Nick is also a cheap lawyer. Notice how he is not a moron.

Almost like cost of a lawyer has nothing to do with their skill

Almost like being a Super Lawyer makes you a faggot.

I have thought about this paradox and I think I have hit upon the crux of the issue that explains the huge difference between Sam Johnson and the Lemon Fuherer. First issue. Lemoine by his own bio is a corporate lawyer. He does business law. Expensive business law. Reading between the lines he is the master of motion practice and obfuscation. If you have the cash, he will delay things until the other side is bankrupt. Casey is pretty much the same deal. The MoRons literally googled for a lawyer and took the very first choice they hit. I doubt they are the only client these guys have, and if they are not being paid there CONSIDERABLE rate, then they won't put the effort in. The trash fire that is the TCPA reads like the first draft of a deliberately massive motion designed to bury the opposition in expensive litigation. But the MoRons could not afford to actually PAY for this kind of legal representation. Casey and Lemoine however don't work for free. So absent the cash, they just filed the draft rather then taking the huge amount of billable hours that would be required to make the damn thing legible, let alone useful.

Sam Johnson by comparison works for a reasonable rate and knows he is holding a turd. So he is making sure his filings are tight like a walnut corset. They take as little time as possible using the best options he has available.

 

[instythot]

https://twitter.com/HaygoodLaw/status/1154231346048524288

He's saying that there's no reason to move to strike anything because the judge is going to view everything as most favorable to Vic anyways, so they might as well spend time loking up evidence to fight the TCPAs.

He, of course, is ignoring that Ty is likely playing on the judge being pissed with the time his law clerks have had to waste on the frivolous motions and "exhibits" that don't pass muster in terms of relevance to the case/TCPA, or ore just scandalous in nature. Ty, therefore, is trying to make things easier on Judge Chupp, which will win him brownie points with said honorable judge of this court, as well as make him more willing to say, "Okay, they're hitting me with all this stuff that makes no sense for this case, what are they hiding?" and he rules against them. It's a good play, because no matter what it looks like Ty actually gives a shit about the court's time (and he does, but it's about appearances after all) and he's trying to make sure the judge doesn't have to put "aspirin" and "Extra Strength Maalox" as business expenditures on next year's taxes.

I don't think there's any cleaning up or ingratiating motive in the motions to strike.

It's pretty simple to me: this is the major hurdle where Ty could lose on Vic's behalf. If these documents are being reviewed by the judge to see whether he should throw the whole thing out, Ty would be dumb bordering on negligent to not take the chance to shred giant chunks out of them before they get evaluated

 

[5t3n0g0ph3r]

Here is the Plaintiff's Motion to Strike Funimation's Motion To Dismiss Evidence (aka Ty Beard's response to the TCPA).

 

[Capsaicin Addict]

Here is the Plaintiff's Motion to Strike Funimation's Motion To Dismiss Evidence (aka Ty Beard's response to the TCPA).

That's a lot of legalese to say, 'This is inadmissible under hearsay rules, you chodes.' Not to mention the bits about 'excuse us, why are you testifying about tweets when we have access to the actual tweets at hand?'.

 

[5t3n0g0ph3r]

Hearing date for this document has bee set (August 8, 2019):

 

[Far Queue]

Interesting that Chupp's scheduling all of that on the same day, but I can see why he would want to from the perspective of not bogging things down even more with back and forth motions. However, doesn't this mean that BHBH has to write their response to the TCPA without actually knowing which parts of it are valid and actually need to be responded to?

This isn't necessarily a bad thing as it forces them to put forward a response that's as strong as possible and operates under the assumption that nothing in their motion to strike is actually granted, but at the same time it also means that their response might be needlessly excessive, presenting arguments over points that have been rendered moot.

 

[Imperial Agent]

Hearing date for this document has bee set (August 8, 2019):

I’m kinda excited it’s all for the 8th. Should be a lot of movement.

I have gotten my PTO request approved for that date, so I will be at the hearing barring any unforeseen circumstances.

I’ll take notes and report back.

 

[2lolis1cup]

I’m kinda excited it’s all for the 8th. Should be a lot of movement.

I have gotten my PTO request approved for that date, so I will be at the hearing barring any unforeseen circumstances.

I’ll take notes and report back.

Please keep us appraised of how many REEEE victim harassment claims are made.

 

[AnOminous]

Interesting that Chupp's scheduling all of that on the same day, but I can see why he would want to from the perspective of not bogging things down even more with back and forth motions. However, doesn't this mean that BHBH has to write their response to the TCPA without actually knowing which parts of it are valid and actually need to be responded to?

They probably drafted much of their motion(s) already, based on what they expected were the strongest arguments the defense could make. They will probably have to draft more to cope with the fact that the defense arguments were much more stupid than they could have anticipated.

I doubt that in their prep, they contemplated "but what if they just file unintelligible gibberish and hundreds of pages of easily disprovable perjury?"

 

[instythot]

Interesting that Chupp's scheduling all of that on the same day, but I can see why he would want to from the perspective of not bogging things down even more with back and forth motions. However, doesn't this mean that BHBH has to write their response to the TCPA without actually knowing which parts of it are valid and actually need to be responded to?

This isn't necessarily a bad thing as it forces them to put forward a response that's as strong as possible and operates under the assumption that nothing in their motion to strike is actually granted, but at the same time it also means that their response might be needlessly excessive, presenting arguments over points that have been rendered moot.

Judging by the speed, I'd guess it's likely a hearing for the purposes of getting everyone on the same page about what's in and out, then Ty gets to respond to what's left. The 8th is coming up soon but not so soon that bhbh will have no idea how to handle Lemon Hitler's garbage dump

 

[Christian_W9]

I’m kinda excited it’s all for the 8th. Should be a lot of movement.

I have gotten my PTO request approved for that date, so I will be at the hearing barring any unforeseen circumstances.

I’ll take notes and report back.

I'll see you there -Tazz "Chris"

 

[AnOminous]

Judging by the speed, I'd guess it's likely a hearing for the purposes of getting everyone on the same page about what's in and out, then Ty gets to respond to what's left. The 8th is coming up soon but not so soon that bhbh will have no idea how to handle Lemon Hitler's garbage dump

I've actually been impressed so far by Chupp's eager beaver docketing. I expect no nonsense out of him.

It's referenced but they're not asking the court to determine the employment status of people.

It's pretty surgical. It's aimed at factual allegations that are necessary to sustain the TCPA and are also fairly clearly hearsay. I'm not sure about the testimony of investigators regarding witness statements in Texas, but I do know that failure to challenge the admissibility of hearsay waives it and it can be used for any probative value it has if admitted without objection.