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

[Red Wizard]

So no appeal

He can appeal, just once the case is absolutely final, he can't bring it again. It basically stops someone from refiling over and over again.

 

[Sheryl Nome]

Making decisions when the two come into conflict is literally the job of a Judge. That is a core, fundamental element of the judicial system.

No, its actually really not. The 'spirit of the law' is basically never at issue, it has more to do with applying fringe and difficult facts and understanding what the text and caselaw suggests.

Even in cases where the spirit is somehow in question, there's this thing called 'Originalism', its a pretty neat philosophy, I'd be willing to bet dollars to donuts that its popular in Texas.

So no appeal

No, it means you can't refile a new lawsuit for the same thing.

 

[Red Wizard]

Some of the spergs upset with Chupp need to relax. This isn't even unexpected and doesn't change anything. This was going to the appeals court no matter what.

We all expected this to happen. We're just dissecting the details of the decision.

 

[Gehenna]

BHBH got caught playing the same games that the defense was playing. That's why they were notorized last minute, because it looks dishonest to hold those til the last minute. Ty, don't you remember the playground rules? The second swing is the one that gets caught.

It was entirely an own goal. One unneeded, and which would have been... entirely pointless. I get why the affidavit from the former funi employee could be witheld, but the other two had no reason, and witholding them was the first step in a cascade that makes the appeals more bloated.

Would Chupp have ruled how he did? PROBABLY, but that doesn't excuse Beard setting up additional roadblocks of his own creation.

 

[Spectre_06]

A judge has a requirement to familiarize himself with the case at hand, and the relevant law. This portion of the ruling says he did neither.

 

[2lolis1cup]

I'm disappointed that Chupp didn't detail the reasons he ruled as he did, but why write out a bunch of shit if the appeals court is going to de novo review everything regardless of how he ruled. Honestly, this punt is probably the best way for everyone to get their appeal.

I decided most of the judgments based off of not wanting this case anymore. -Judge Chupp.

 

[Gehenna]

I decided most of the judgments based off of not wanting this case anymore. -Judge Chupp.

For the sake of every party to the lawsuit, I hope that there is a way to recuse oneself of a lawsuit after appeals, and that Chupp takes it. A fresh start, after the appeals determines the TCPA, would probably be best for everyone.

 

[Red Wizard]

A judge has a requirement to familiarize himself with the case at hand, and the relevant law. This portion of the ruling says he did neither.

View attachment 959191

I'm fairly sure that part of the ruling requires much more than their TCPA filing. There's serious implications to this statement, both in liability and tax purposes. Also, I'm not 100% sure of this, but I don't think a Texas Judge gets to make that classification, a federal court does, due to IRS implications.

 

[General Relativity QM]

We all expected this to happen. We're just dissecting the details of the decision.

This section does not apply to you, and it does not apply to people trying to breakdown the decision. It applies to people who are upset that Chupp ruled as he did, and because it didn't go their way, they want Chupp gone, and other emotional junk - you know - a couple of pages ago.

 

[FGO-Professor-P2PBTW]

The relative youth of the Judge might have backfired on Vic, because this case is probably the first of its kind for Chupp. A more seasoned judge, boomer he might have been, probably would actually know the law because they would've had more experience with dumb cases. Chupp sticking his head in the sand regarding this just screams unprofessional.

 

[Gehenna]

This section does not apply to you, and it does not apply to people trying to breakdown the decision. It applies to people who are upset that Chupp ruled as he did, and because it didn't go their way, they want Chupp gone, and other emotional junk - you know a couple of pages ago.

To be fair, there are some non-knee jerk reasons to want Chupp gone. Like the fact it is VERY clear he wants nothing to do with this lawsuit, and therefore it'd be unfair to every party to it to have him reside over it.

 

[Spectre_06]

I'm fairly sure that part of the ruling requires much more than their TCPA filing. There's serious implications to this statement, both in liability and tax purposes. Also, I'm not 100% sure of this, but I don't think a Texas Judge gets to make that classification, a federal court does, due to IRS implications.

He says Toye is an independant contractor. Literally everyone else--including Ty--said the exact opposite, with Ty saying he may have acted as an agent, but we never employed or a contractor.

 

[HTTP Error 404]

View attachment 959170
Whats Dismissed with Prejudice?

It's Chupp trying to twist the knife. Basically, "you can't bring these back up and try and get another judge, you're trapped in here with me."

 

[Polyboros2]

Exactly as I suspected. From the transcripts of the mediation request, how Chupp talked about Marchi still being present since the Appeals Court doesn't always side with him, I suspected he was kicking the can down the road.

More law type people may have some insight that change my mind, but I feel like Judge's should be somewhat liable for appealed cases. Like the Appellate Court can rule that the judge acted in a blatant disregard of the law and he's responsible for the court expenses of whatever has to be redone. So that, if it's not clearly defined law the Judge isn't on the hook, but if they really Chupp it up, it's their ass.

 

[Sheryl Nome]

It's Chupp trying to twist the knife. Basically, "you can't bring these back up and try and get another judge, you're trapped in here with me."

No, its literally required by the TCPA to dismiss with prejudice, MOST CASES WHEN DISMISSED ARE DISMISSED WITH PREJUDICE.

Its almost universal, outside of like jurisdictional arguments

 

[AnOminous]

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.

Preponderance of the evidence applies to whether the TCPA applies, and being a public figure is part of that. However, public figure status is a matter of law, so as everything else, it's a de novo appeal even if it's phrased as a finding of facts. I think the drafters of the law themselves actually misstated the applicable standard here.

A judge has a requirement to familiarize himself with the case at hand, and the relevant law. This portion of the ruling says he did neither.

View attachment 959191

This, though, is utter nonsense.

No, its literally required by the TCPA to dismiss with prejudice, MOST CASES WHEN DISMISSED ARE DISMISSED WITH PREJUDICE.

It's obligatory.

For the sake of every party to the lawsuit, I hope that there is a way to recuse oneself of a lawsuit after appeals, and that Chupp takes it. A fresh start, after the appeals determines the TCPA, would probably be best for everyone.

They could move to recuse the judge. This is really a double-edged sword because you generally have to move to recuse the judge before the very judge. He's not usually going to like that. Who knows, though? He might be thrilled for a chance to get off the case.

He's made a few statements that, whether or not he is biased against any of the parties, he's prejudged the case and is acting in a biased manner. Just throwing out everything before hearing either side's arguments in full or, for that matter, apparently even reading them, looks biased.

Or he could refer the decision on whether to recuse him to another judge.

But he probably would deny it, and be pissed off to boot. Then it would have to be appealed.

The result is you get another judge. From the same court. And from the ratings Chupp is right in the middle, so your odds would be about 50/50 of getting an even worse judge.

 

[Red Wizard]

Exactly as I suspected. From the transcripts of the mediation request, how Chupp talked about Marchi still being present since the Appeals Court doesn't always side with him, I suspected he was kicking the can down the road.

More law type people may have some insight that change my mind, but I feel like Judge's should be somewhat liable for appealed cases. Like the Appellate Court can rule that the judge acted in a blatant disregard of the law and he's responsible for the court expenses of whatever has to be redone. So that, if it's not clearly defined law the Judge isn't on the hook, but if they really Chupp it up, it's their ass.

Hey I like this idea. Overturned decisions should have ramifications pushed back on the judges in terms of costs. Especially court costs and LAWYER'S FEES. I think a Judge would do a much better job if they're on the hook for 10k worth of appeals work

 

[General Relativity QM]

To be fair, there are some non-knee jerk reasons to want Chupp gone. Like the fact it is VERY clear he wants nothing to do with this lawsuit, and therefore it'd be unfair to every party to it to have him reside over it.

I agree with you that Chupp does not want this case, and it isn't fair. However, without a clear basis, other than Chupp does not want this case, I am not sure it is anything.

 

[Son of Sparda 84]

It's Chupp trying to twist the knife. Basically, "you can't bring these back up and try and get another judge, you're trapped in here with me."

Are you fucking kidding me? That makes getting a appeal meaningless since they are stuck with this guy

 

[Hoss]

This, though, is utter nonsense.

Chupp KNEW this was going to die in Appeals. If this was going to be his original filing, then the mediation order was just a hail mary pass to try and get out of more appeals.

Are you fucking kidding me? That makes getting a appeal meaningless since they are stuck with this guy

When the Jury is convened he won't be that big of an issue.