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

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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This. Everyone got so autistic when Chupp ruled against the accepted narrative around here. It was a shameful display. He had valid reasons for doing so. Ty fucked up the pleadings, though in fairness to Ty he did not prepare for the trial Chupp intended to hold, which was more a hearing for summary judgement then it was a hearing on the defendants claiming the lawsuit was frivolous on its face.

Lesson learned I hope, and in many ways this going to appeals now is an ideal outcome because its going to get this shit in front of a higher and more precedential court. The more machiavellian side of me wonders if this is not Chupps play all along.
 
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mindlessobserver said:
This. Everyone got so autistic when Chupp ruled against the accepted narrative around here. It was a shameful display. He had valid reasons for doing so. Ty fucked up the pleadings, though in fairness to Ty he did not prepare for the trial Chupp intended to hold, which was more a hearing for summary judgement then it was a hearing on the defendants claiming the lawsuit was frivolous on its face.

Lesson learned I hope, and in many ways this going to appeals now is an ideal outcome because its going to get this shit in front of a higher and more precedential court. The more machiavellian side of me wonders if this is not Chupps play all along.
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Its not even clear that Ty fucked the pleadings, thats how fucked the whole situation is.
 
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Sheryl Nome said:
Its not even clear that Ty fucked the pleadings, thats how fucked the whole situation is.
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Could have been better, maybe. If Ty had gotten all the material from the second amended petition into the TCPA reply, could the hearing been Chupp-proof? Maybe, maybe not.

To this day I don't know if Chupp was considering the second amended petition or not, despite him saying he wasn't.
 
mindlessobserver said:
This. Everyone got so autistic when Chupp ruled against the accepted narrative around here. It was a shameful display. He had valid reasons for doing so. Ty fucked up the pleadings, though in fairness to Ty he did not prepare for the trial Chupp intended to hold, which was more a hearing for summary judgement then it was a hearing on the defendants claiming the lawsuit was frivolous on its face.

Lesson learned I hope, and in many ways this going to appeals now is an ideal outcome because its going to get this shit in front of a higher and more precedential court. The more machiavellian side of me wonders if this is not Chupps play all along.
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Based on what we saw in the TCPA hearing? No it wasn't any brilliant play on Chupp's part. Chupp was in a bad mood and possibly hung over. Chupp also didn't bother to read the homework. There is no deep or Machiavelian motive in any of this. Although it takes and extra special degree of highly functional incompetence to manage to give all litigants, all sides, clear cases for reversible error.
 
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mindlessobserver said:
This. Everyone got so autistic when Chupp ruled against the accepted narrative around here. It was a shameful display. He had valid reasons for doing so. Ty fucked up the pleadings, though in fairness to Ty he did not prepare for the trial Chupp intended to hold, which was more a hearing for summary judgement then it was a hearing on the defendants claiming the lawsuit was frivolous on its face.

Lesson learned I hope, and in many ways this going to appeals now is an ideal outcome because its going to get this shit in front of a higher and more precedential court. The more machiavellian side of me wonders if this is not Chupps play all along.
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I already shot this down hard, please stop coming back with the Chupp Did Nothing Wrong bs
 
So, today's the day, right?

Will Chupp folds, remove his prior judgement and put back all accusations?

Or will he stay and confirm that what was said at the hearing is accurate, or do nothing and it defaults to that?

Or will he double down and throw every accusations with the baby and the bathwater?

I don't see any way he dodge an appeals call...
 
Kendrick said:
So, today's the day, right?

Will Chupp folds, remove his prior judgement and put back all accusations?

Or will he stay and confirm that what was said at the hearing is accurate, or do nothing and it defaults to that?

Or will he double down and throw every accusations with the baby and the bathwater?

I don't see any way he dodge an appeals call...
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Honestly, his best bet to avoid a massive ass reaming (Though still obtain one, cause that is unavoidable) is to void it all, stating that the hearing itself was so mishandled by him that it cannot stand, but because of the nature and requirements of TCPA he cannot do a do over himself and instead has to have it kicked to appeals.

This will at least forstall the appeals court screaming at him. as he'd be acknowledging his fuckup. It doesn't STOP it entirely, but that's because he put himself in an untenable situation where by every single party could appeal on legit grounds, and he can do nothing to actually FIX that because the deadlines for TCPA stuff are hardset.

Edit: Also, today or monday. It... isn't exactly clear when.
 
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Gehenna said:
Honestly, his best bet to avoid a massive ass reaming (Though still obtain one, cause that is unavoidable) is to void it all, stating that the hearing itself was so mishandled by him that it cannot stand, but because of the nature and requirements of TCPA he cannot do a do over himself and instead has to have it kicked to appeals.

This will at least forstall the appeals court screaming at him. as he'd be acknowledging his fuckup. It doesn't STOP it entirely, but that's because he put himself in an untenable situation where by every single party could appeal on legit grounds, and he can do nothing to actually FIX that because the deadlines for TCPA stuff are hardset.

Edit: Also, today or monday. It... isn't exactly clear when.
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Should be today. No later than the 30th day after the hearing. If it was monday, it would be the 31st day, so it needs to be before sunday and today is the last chance for that. If it's on monday, that might actually be another point for appeal and it could severely complicate things.
 
Soviras said:
Should be today. No later than the 30th day after the hearing. If it was monday, it would be the 31st day, so it needs to be before sunday and today is the last chance for that. If it's on monday, that might actually be another point for appeal and it could severely complicate things.
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Texas does seem pretty lenient about deadlines that fall on weekends, so it's possible he could get away with it.
 
mindlessobserver said:
This. Everyone got so autistic when Chupp ruled against the accepted narrative around here. It was a shameful display. He had valid reasons for doing so. Ty fucked up the pleadings, though in fairness to Ty he did not prepare for the trial Chupp intended to hold, which was more a hearing for summary judgement then it was a hearing on the defendants claiming the lawsuit was frivolous on its face.

Lesson learned I hope, and in many ways this going to appeals now is an ideal outcome because its going to get this shit in front of a higher and more precedential court. The more machiavellian side of me wonders if this is not Chupps play all along.
Click to expand...
Based on his handling of the TCPA hearing, my take is that Chupp's famed "work ethic" is really him just doing his job in an incredibly half-assed manner so that he has the appearance of efficiency. He's clearly not afraid of his decisions being appealed, and I think he secretly banks on most people not being able to afford appealing his shoot-from-the-hip style of jurisprudence.
 
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Nick mentioned something on his stream last night, that the worst case scenario for Vic would be Chupp passing TCPA for everything but defamation for Ron.

One can pretty much infer that if Chupp does that he is a dirty Judge, and is getting bribed by the defendants or something along those lines, to people that know about law, how big of a deal is for a Judge to be corrupt? And what would be Vic's options at that point?
 
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RodgerDodger said:
Based on what we saw in the TCPA hearing? No it wasn't any brilliant play on Chupp's part. Chupp was in a bad mood and possibly hung over. Chupp also didn't bother to read the homework. There is no deep or Machiavelian motive in any of this. Although it takes and extra special degree of highly functional incompetence to manage to give all litigants, all sides, clear cases for reversible error.
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Hell he damn ADMITTED his "ruling" was very likely going to be buttfucked in Appeals. RIGHT after the Texas Supreme Court sent back a massive "no u" to him.
 
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LuNaS said:
Nick mentioned something on his stream last night, that the worst case scenario for Vic would be Chupp passing TCPA for everything but defamation for Ron.

One can pretty much infer that if Chupp does that he is a dirty Judge, and is getting bribed by the defendants or something along those lines, to people that know about law, how big of a deal is for a Judge to be corrupt? And what would be Vic's options at that point?
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I mean, shit would be strange.
 
LuNaS said:
Nick mentioned something on his stream last night, that the worst case scenario for Vic would be Chupp passing TCPA for everything but defamation for Ron.

One can pretty much infer that if Chupp does that he is a dirty Judge, and is getting bribed by the defendants or something along those lines, to people that know about law, how big of a deal is for a Judge to be corrupt? And what would be Vic's options at that point?
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Would that be the way for Chupp to delay appeals for as long as he can?
 
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N1bbaN3rd said:
Based on his handling of the TCPA hearing, my take is that Chupp's famed "work ethic" is really him just doing his job in an incredibly half-assed manner so that he has the appearance of efficiency. He's clearly not afraid of his decisions being appealed, and I think he secretly banks on most people not being able to afford appealing his shoot-from-the-hip style of jurisprudence.
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Appellate Courts hate that shit. The last thing they want is more work. I mean they have to go through rain forests worth of paperwork for company and state litigations that are filed nearly on the daily. Especially in Texas where the population vastly outnumbers the Court system. I mean companies love to go the extra mile and bleed their opponents dry from legal fees. If you're a Judge and CONSTANTLY get overruled from Appeals, your aspirations for a higher jurisdiction are dead. Unless Chupp wants to fenangle Cruz into introducing him to Trump's shortlist of Federal Judge appointees, he's not going anywhere. Chances are he gets stuck in night court or small claims if he has any changes. That or just loses his reelection.
 
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Sheryl Nome said:
I mean I think thats a decent guess but realistically what Chupp says doesn't matter because the TCPA is just going to be an appellate level question.
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That's what's so great about making a prediction! Totally useless.

Maybe Chupp is playing this "4D chess" I keep hearing about, and didn't bother making a sane ruling since it doesn't matter in the long run? De novo review ...

Hoss said:
Appellate Courts hate that shit.
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Bad trial court judges, or the TCPA which seems to mandate an appeal?
 
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