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

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The court 'Finding' things by the preponderance of the evidence suggests that Chupp literally has no idea what even is a TCPA. He literally thinks this was a summary judgement hearing.

That was my immediate thought, too, but this shit has gotten so stupid I couldn't remember if preponderance of the evidence was what BHBH needed to hit, or if it was the overly strict standard Chupp was mistakenly aiming for.

 

[Red Wizard]

That was my immediate thought, too, but this shit has gotten so stupid I couldn't remember if preponderance of the evidence was what BHBH needed to hit, or if it was the overly strict standard Chupp was mistakenly aiming for.

That's the standard Chupp was aiming for - he needs to meet prima facie, which is a much lower standard.

 

[Sheryl Nome]

That was my immediate thought, too, but this shit has gotten so stupid I couldn't remember if preponderance of the evidence was what BHBH needed to hit, or if it was the overly strict standard Chupp was mistakenly aiming for.

Well you have to prove the TCPA applies by preponderance of the evidence, but the rest is prima-facie

 

[FGO-Professor-P2PBTW]

I don't even know what the fuck is going on anymore, that's how messed up this case is. I'm STILL in shock that Tortuous Interference was dismissed, when we have sworn testimony and recorded text messages proving otherwise. Like, everything else, sure whatever, "muh conspiracy," but we have the PHYSICAL TEXT MESSAGES showing TI. Like, WTF?

 

[Immaculate Ape]

Well you have to prove the TCPA applies by preponderance of the evidence, but the rest is prima-facie

Well, at least Chupp was honest about how badly he misapplied the evidentiary standard to the plaintiff.

I don't even know what the fuck is going on anymore, that's how messed up this case is. I'm STILL in shock that Tortuous Interference was dismissed, when we have sworn testimony and recorded text messages proving otherwise. Like, everything else, sure whatever, "muh conspiracy," but we have the PHYSICAL TEXT MESSAGES showing TI. Like, WTF?

It said right in the ruling. The Judge didn't take into account any of the 2nd amended petition, and despite him not allowing Ty to file an amendment past the deadline, he allowed Ty to revoke the affidavits past the deadline.

He didn't apply the affidavits, because it appears he was set on what he wanted to rule

 

[TexOffender]

Yeah this isn't a judge on the bench, it's a retired lawyer.

 

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Well, at least Chupp was honest about how badly he misapplied the evidentiary standard to the plaintiff.

Yup. Wonder if that's going to come up during appeals. That's the nice thing about Chupp, he's so fucking arrogant that he's leaving a paper trail about how unqualified he is to do his job.

 

[Sheryl Nome]

Well, at least Chupp was honest about how badly he misapplied the evidentiary standard to the plaintiff.



It said right in the ruling. The Judge didn't take into account any of the 2nd amended petition, and despite him not allowing Ty to file an amendment past the deadline, he allowed Ty to revoke the affidavits past the deadline.

He didn't apply the affidavits, because it appears he was set on what he wanted to rule

Which is an appealable decision, because as we've talked about before in this thread, Rule 63 has never applied to a TCPA motion, it may, but there is no precedent for it.

 

[Immaculate Ape]

Which is an appealable decision, because as we've talked about before in this thread, Rule 63 has never applied to a TCPA motion, it may, but there is no precedent for it.

The dumb thing is that Chupp set a standard as it's own precedent. He set that the deadline of the Rule 11 agreement was the last he'd accept any changes without an exception. Yet, he allowed Ty to remove the only pieces of evidence that would allow for the case to move forward, contradicting his precedent for modifying any of the submitted documents.

It's pretty baffling, but it screams like a double-standard

 

[Red Wizard]

Which is an appealable decision, because as we've talked about before in this thread, Rule 63 has never applied to a TCPA motion, it may, but there is no precedent for it.

Yeah the rule 63 thing only applies to trials, not to hearings. TCPA is clearly a hearing.

The dumb thing is that Chupp set a standard as it's own precedent. He set that the deadline of the Rule 11 agreement was the last he'd accept any changes without an exception. Yet, he allowed Ty to remove the only pieces of evidence that would allow for the case to move forward, contradicting his precedent for modifying any of the submitted documents.

It's pretty baffling, but it screams like a double-standard

It's clearly a double standard.

 

[Ivan Shatov]

Oddly, I'm okay with the case being thrown out. We've known it's headed for appeals for a while, now we can move on.

Can't pretend to understand Chupp's legal conclusions, but I do know he was asking for information that requires a subpoena. The plaintiff never had that opportunity, so it's time to bring in a higher authority.

We will learn soon if Vic plans to appeal. Can't see why he wouldn't, and I'd gladly support it.

 

[FGO-Professor-P2PBTW]

So now that everything has been dismissed, that means that Vic can appeal everything all at once, and that the defendants cannot cross appeal anything because they've been dismissed. How much time does that usually take?

 

[Gehenna]

Also, to those anti-vics in here, don't be as celebratory as you think. Toyes defamation was TEXTBOOK defamation per se, that fact THAT got thrown out is eminently appealable and explains why we are all a little confused. .

So now that everything has been dismissed, that means that Vic can appeal everything all at once, and that the defendants cannot cross appeal anything because they've been dismissed. How much time does that usually take?

Yup. and 3 ish months I think was the time stated.

 

[Cakeisjustok]

An unfortunate outcome, would like to see it head to appeals but If it doesn't then that's that. He took a shot and didn't win. But people got to see the liars for what they are, the sham investigation, ect.

 

[Gehenna]

An unfortunate outcome, would like to see it head to appeals but If it doesn't then that's that. He took a shot and didn't win. But people got to see the liars for what they are, the sham investigation, ect.

There is literally no reason not to appeal. It would cost more to pay the defendents attorney fees than it would to appeal.

 

[Red Wizard]

There is literally no reason not to appeal. It would cost more to pay the defendents attorney fees than it would to appeal.

Especially since it appears they ran up the fees on purpose.

 

[Ivan Shatov]

There is literally no reason not to appeal. It would cost more to pay the defendents attorney fees than it would to appeal.

Vic could be sick of this shit and just want to move on.

I don't think that's the case, but it happens.

 

[Sheryl Nome]

Vic could be sick of this shit and just want to move on.

I don't think that's the case, but it happens.

He's (intentionally) felt very little impact from the operation of the lawsuit up to this point, leaves him sitting comfortably to appeal

 

[Gehenna]

He's (intentionally) felt very little impact from the operation of the lawsuit up to this point, leaves him sitting comfortably to appeal

Personally, and this is probably just me, i think he should feel less. Ty Beard should do that appeal Pro Bono, because it was HIS fuckups that derailed things. I think its the one thing that every party in this thread can agree to, Beard. Fucked. Up. And it should not be on Mignona or the GoFundMe to shoulder the burden of that.

Edit: To clarify, since I never said it, i personally have had consistently middling feelings on the case. I doubted people claiming it was as much a slam dunk as they claimed, but also doubted it was as weak as the anti-vic side claimed. I am mostly here to laugh at the absurd parties involved. So when I said Beard derailed it, I don't say that from a pro-vic viewpoint, but from the viewpoint of "If you had a case, you fucked it".

 

[Hoss]

Yeah this isn't a judge on the bench, it's a retired lawyer.

An ambulance chaser at that too

Personally, and this is probably just me, i think he should feel less. Ty Beard should do that appeal Pro Bono, because it was HIS fuckups that derailed things. I think its the one thing that every party in this thread can agree to, Beard. Fucked. Up. And it should not be on Mignona or the GoFundMe to shoulder the burden of that.

Considering Chupp's MASSIVE fuck up. I disagree. This hearing was fucked before anyone filed.