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

AnOminous said:
I don't know. They're also suing DailyMotion. It looks pretty patent troll-y to me but I don't know much about streaming patents.

Specifically, Marshall, Texas itself is notorious for being a venue patent trolls love.
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I just find it funny that Funimation is having to throw money into this patent lawsuit while in the middle of a merger as well as this lawsuit.
 
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RodgerDodger said:
There remains some question as to why Marchi would have to show once she was free and clear from his seat of his pants off the cuff bench ruling. That's what's astonishing here, Chupp by any reading has fucked up every party in every way possible. About the only thing they all likely find agreement on is Chupp is an idiot.
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Parties can still have good reason to settle even after a judgement has been issued on the case. Pennzoil vs Texaco ended up with a 10 billion dollar judgement levied in Texas, the end result after countersuits, appeals, and initiating a bankruptcy was settling for two billion. There's still a lot of uncertainty and other avenues that the case could go down, so getting out now and for good can be a worthwhile goal even with a favorable TCPA ruling in hand.
 
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RodgerDodger said:
We don't know what Marchi did besides be a complete cunt on twitter as usual. It's best not to assume anything. Just let the story come out as it comes out.
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Yeah, no one is learning anything until the Judge issues his order, unless a party starts Tweeting.

Sad to say this, but my guess is the Judge tosses the remaining causes of action. It will feel bad when it happens, but it's kind of a blessing in disguise. Each party will have an incentive to settle this mess and be done with it when they start seeing the legal bills. If a settlement doesn't happen, the appeal will be interesting. My feeling is Vic would win as a matter of law.

Ron Toye is going to be on MBA this Saturday, I'm looking forward to hearing what he has to say. Which should be very little, even if the Judge issues a ruling.
 
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Ivan Shatov said:
Sad to say this, but my guess is the Judge tosses the remaining causes of action. It will feel bad when it happens, but it's kind of a blessing in disguise. Each party will have an incentive to settle this mess and be done with it when they start seeing the legal bills. If a settlement doesn't happen, the appeal will be interesting. My feeling is Vic would win as a matter of law.
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Monica is not settling, Ron is not settling, Funimation might, Jamie is up in the air.
 
If (and IMO when) Chupp tosses this case on Friday/October 6, will Ty immediately appeal to the next court up or will he submit a motion to reconsider (or whatever it was called) to Judge Chupp? That motion which asks for Chupp to reverse himself seems to be a little-discussed potential here even if he's not likely to.
 
Kendrick said:
There was a motion to retract Chupp's in-hearing hasty dismissals?
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Not that I've seen. Beard will probably wait until chupp rules before making such a motion, assuming there's enough time.
 
Save the Loli said:
If (and IMO when) Chupp tosses this case on Friday/October 6, will Ty immediately appeal to the next court up or will he submit a motion to reconsider (or whatever it was called) to Judge Chupp? That motion which asks for Chupp to reverse himself seems to be a little-discussed potential here even if he's not likely to.
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IIRC, the deadline to appeal is only 20 days from the date of the ruling, so he'll most likely get right on the appeals procedure. I think he can file a motion to reconsider simultaneously, though.
 
I can't imagine said:
IIRC, the deadline to appeal is only 20 days from the date of the ruling, so he'll most likely get right on the appeals procedure. I think he can file a motion to reconsider simultaneously, though.
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Well whatever happens he better not wait until the last second like last time.
 
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I can't imagine said:
IIRC, the deadline to appeal is only 20 days from the date of the ruling, so he'll most likely get right on the appeals procedure. I think he can file a motion to reconsider simultaneously, though.
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Yes, the trial court retains jurisdiction over it if it's an interlocutory appeal. If he's dismissed the entire case, though, possibly not.

"29.5. Further Proceedings in Trial Court
While an appeal from an interlocutory order is pending, the trial court retains jurisdiction of the case and unless prohibited by statute may make further orders, including one dissolving the order complained of on appeal. If permitted by law, the trial court may proceed with a trial on the merits. But the court must not make an order that:
(a) is inconsistent with any appellate court temporary order; or (b) interferes with or impairs the jurisdiction of
the appellate court or effectiveness of any relief sought or that may be granted on appeal."

My guess is he probably wouldn't, even if there isn't a different rule that would stop him, though, because it's an accelerated appeal. It wouldn't really help and even his ruling if he reconsidered while the appeal was pending would still be subject to being overruled anyway. So he might as well wait at that point.

Also, he might not even have jurisdiction to reconsider the ruling past the TCPA ruling deadline. Even if the trial court has jurisdiction of the case in general, the TCPA deadline is a hard deadline.

However, if some of the causes of action are still active, theoretically, the trial court could move toward trial on those, including on discovery. Again, there are reasons not to do that, since the defamation claims could be thrown out on appeal anyway, but for instance, there's no specific reason it would be prohibited to, for instance, take depositions from defendants or third parties as relevant. I'm sure Jamie Marchi still knows something relevant to the case even if she's not a party, for instance.
 
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Save the Loli said:
If (and IMO when) Chupp tosses this case on Friday/October 6, will Ty immediately appeal to the next court up or will he submit a motion to reconsider (or whatever it was called) to Judge Chupp? That motion which asks for Chupp to reverse himself seems to be a little-discussed potential here even if he's not likely to.
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He'll likely file both an appeal as well as a motion to reconsider on the same day, as there's a statutory limit to do both (I believe the appeal is 21 days from the ruling being entered).
 
Spectre_06 said:
He'll likely file both an appeal as well as a motion to reconsider on the same day, as there's a statutory limit to do both (I believe the appeal is 21 days from the ruling being entered).
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It's 20 days. Also I have to correct another issue. All proceedings in the trial court on an appeal of this sort are stayed by the filing of the notice of appeal IF the defendants are appealing.

"(b) An interlocutory appeal under Subsection (a), other than an appeal under Subsection (a)(4) or in a suit brought under the Family Code, stays the commencement of a trial in the trial court pending resolution of the appeal. An interlocutory appeal under Subsection (a)(3), (5), (8), or (12) also stays all other proceedings in the trial court pending resolution of that appeal." § 51.014(b).

And § 51.014(a)(12) is appealing a ruling that "denies a motion to dismiss filed under Section 27.003," which is the TCPA.

So it looks like if only the plaintiff is appealing the ruling partially granting the TCPA, the plaintiff could continue to prosecute the rest of the action in the trial court, but if the defendant is appealing the parts of the ruling denying the TCPA, that would stay all proceedings.

If the TCPA is granted in its entirety, there would be nothing to prosecute in the trial court pending the appeal, of course.
 
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BigDuckEnergy said:
I like the fact that everybody has tempered their expectations now and are just assuming Chupp is going to throw everything out and it's going to appeals.
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It's just a damn shame that we have to wait so long for season 2. Is there any reason the appeals court takes so long? Do judges fuck up that often?
 
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