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

Son of Sparda 84 said:
Are you fucking kidding me? That makes getting a appeal meaningless since they are stuck with this guy
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From what I understand, yes and no. The Appeals court would determine the TCPA, meaning if it gets kicked back to Chupp its going past that to discovery and the trial.

AnOminous said:
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.
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This is exactly why i said recuse himself. I can only see a less voluntary route going sour fast.
 
If/When this goes to appeals, and the defendants cannot cross appeal, meaning they can't muddy up the waters with literal thousands of pages of bullshit, that means it's all on BHBH to produce a convincing enough argument to have this go past TCPA. No more games, none of that 4-D Chess BS, it's time to bring your A-game.

EDIT Grammar
 
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FGO-Professor-P2PBTW said:
If/When this goes to appeals, and the defendants cannot cross appeal, meaning they can't muddy up the waters with literal thousands if pages of bullshit, that means it's all on BHBH to produce a convincing enough argument to have this go past TCPA. No more games, none of that 4-D Chess BS, it's time to bring your A-game.
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The only time you should play games is when you are sitting on a win even without them.
 
FGO-Professor-P2PBTW said:
If/When this goes to appeals, and the defendants cannot cross appeal, meaning they can't muddy up the waters with literal thousands of pages of bullshit, that means it's all on BHBH to produce a convincing enough argument to have this go past TCPA. No more games, none of that 4-D Chess BS, it's time to bring your A-game.

EDIT Grammar
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The convincing argument is the ruling itself. It's almost as if Chupp designed it SPECIFICALLY to be killed in Appeals so he can get a 3 month recess from this shit.
 
Dismissed with prejudice? Christ alive. Don't really see the purpose of that other than to be punitive. It's pretty obvious that Ty can meet a prima facie case if he amends his petition.

Sheryl Nome said:
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
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What the hell are you talking about?

The statute doesn't require that (point me to where it's written in the statute, and I'll gladly concede this point), most cases certainly are not dismissed with prejudice, and cases dismissed for lack of jurisdiction would almost certainly be dismissed with prejudice because the defect is incurable.
 
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Gehenna said:
Can I just note, having now sifted through the citations to the texas civil code, all of them are to define terms. Not a single statement is in this thing that states HOW the judge came to that conclusion.
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Like I stated before. He ruled this way to give himself a 3 month recess. He KNOWS it's dead in Appeals.

TherapyMan said:
Dismissed with prejudice? Christ alive. Don't really see the purpose of that other than to be punitive. It's pretty obvious that Ty can meet a prima facie case if he amends his petition.



What the hell are you talking about?

The statute doesn't require that (point me to where it's written in the statute, and I'll gladly concede this point), most cases certainly are not dismissed with prejudice, and cases dismissed for lack of jurisdiction would almost certainly be dismissed with prejudice because the defect is incurable.
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The TCPA and Anti-SLAPP laws in general are designed to kill lawsuits DEAD. Honestly they violate the fuck out of the 7th Amendment out the ass. The First Amendment says NOTHING of "Protecting" speech. In fact it says that's to be avoided (IE promoting thereof). The First Amendment PREVENTS Congress from stymieing speech. It says NOTHING about Congress fighting FOR it. Passing Laws promoting Free Speech are redundant and unconstitutional if it deprives someone of another granted right, such as the 7th Amendment which is a citizen SHALL have the right to have a trial by JURY in all civil cases involving damages of 20 dollars or more. That's up to 300 dollars in today's money. The amount that was assumed damages? Up to 1 Million. Vic's 7th Amendment Right was ABSOLUTELY violated. Period
 
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TherapyMan said:
Dismissed with prejudice? Christ alive. Don't really see the purpose of that other than to be punitive. It's pretty obvious that Ty can meet a prima facie case if he amends his petition.
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It's already been stated the dismissal with prejudice is common with dismissals other than things like Ron's restraining order from his ex-wife. It's common.
 
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FGO-Professor-P2PBTW said:
If/When this goes to appeals, and the defendants cannot cross appeal, meaning they can't muddy up the waters with literal thousands of pages of bullshit, that means it's all on BHBH to produce a convincing enough argument to have this go past TCPA. No more games, none of that 4-D Chess BS, it's time to bring your A-game.

EDIT Grammar
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I am hoping BHBH will take the hint from this loss and use this time to draft a simple, elegant, and well-organized appellate brief.
 
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Slightly different take: this is Chupp trying to outsource the proper disposition of TCPA.

Chupp realized after the hearing that everything was fucked, but he already made some rulings, and couldn't come up with anything consistent. Mediation was a long shot that no one had faith in.

So he blanket dismissed everything, and (reasonably) figured the stuff that should have passed TCPA would come back down from appeals. No need for reasoning, citations, or following the intricacies of the TCPA; that becomes someone else's problem, and he'll get back a list of "proper" causes of action to proceed on.

I didn't think this accusation was supportable based on what we had before now, but this ruling is pretty blatantly passing the buck. It doesn't make sense for him to write out a full justification for his rulings, since appeals are de novo review and that second look is inevitable.

You can read this as Chupp trying to "do the right thing" and get a corrected suit going, but it's still him not putting in the work to do this properly at the trial level.
 
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TherapyMan said:
Dismissed with prejudice? Christ alive. Don't really see the purpose of that other than to be punitive. It's pretty obvious that Ty can meet a prima facie case if he amends his petition.



What the hell are you talking about?

The statute doesn't require that (point me to where it's written in the statute, and I'll gladly concede this point), most cases certainly are not dismissed with prejudice, and cases dismissed for lack of jurisdiction would almost certainly be dismissed with prejudice because the defect is incurable.
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A motion to dismiss that is granted is always granted with prejudice.
 
Harvey Danger said:
Slightly different take: this is Chupp trying to outsource the proper disposition of TCPA.

Chupp realized after the hearing that everything was fucked, but he already made some rulings, and couldn't come up with anything consistent. Mediation was a long shot that no one had faith in.

So he blanket dismissed everything, and (reasonably) figured the stuff that should have passed TCPA would come back down from appeals. No need for reasoning, citations, or following the intricacies of the TCPA; that becomes someone else's problem, and he'll get back a list of "proper" causes of action to proceed on.

I didn't think this accusation was supportable based on what we had before now, but this ruling is pretty blatantly passing the buck. It doesn't make sense for him to write out a full justification for his rulings, since appeals are de novo review and that second look is inevitable.

You can read this as Chupp trying to "do the right thing" and get a corrected suit going, but it's still him not putting in the work to do this properly at the trial level.
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I look at this and it bring's me back to the point made earlier - there should be financial ramifications to judges passing the buck in this manner.
 
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Harvey Danger said:
Slightly different take: this is Chupp trying to outsource the proper disposition of TCPA.

Chupp realized after the hearing that everything was fucked, but he already made some rulings, and couldn't come up with anything consistent. Mediation was a long shot that no one had faith in.

So he blanket dismissed everything, and (reasonably) figured the stuff that should have passed TCPA would come back down from appeals. No need for reasoning, citations, or following the intricacies of the TCPA; that becomes someone else's problem, and he'll get back a list of "proper" causes of action to proceed on.

I didn't think this accusation was supportable based on what we had before now, but this ruling is pretty blatantly passing the buck. It doesn't make sense for him to write out a full justification for his rulings, since appeals are de novo review and that second look is inevitable.

You can read this as Chupp trying to "do the right thing" and get a corrected suit going, but it's still him not putting in the work to do this properly at the trial level.
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Yeah, why would he amend his ruling when he could do all this?
 
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Son of Sparda 84 said:
Are you fucking kidding me? That makes getting a appeal meaningless since they are stuck with this guy
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They were always going to end up with Chupp after the appeal. Any appeal, barring an extreme situation, would end up back in Chupp's courtroom. The appeals court just says, "You got these things wrong, we are overruling you, go to the next logical step as if you had ruled how we are telling you to."

With prejudice means that, barring a successful appeal, Vic can't just try suing for these same causes or actions and hoping he gets a different judge that agrees with him.
 
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Spectre_06 said:
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.
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Christ almighty, the only way for the absolutely absurd and lacking-in-substance "arguments" from the MoRon side to have worked was to be received by a judge who doesn't use the law either. And just as luck would have it, herrrrrrrrrrrrrrre's Chupp!
 
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