Discovery games on Sabat's order wouldn't surprise me, but bear in mind that this isn't some genius act. It's a very stupid one that (so far) paid off because the judge
flagrantly ignored the law and processes involved. They've always been confident that TCPA would dismiss the case, but there was little to no reason to actually be confident in that, they just didn't understand this. Had or should TCPA fail, their schemes to do as much damage pre-TCPA as possible will spectacularly blow up in their faces.
I think that if Vic appeals he should probably do so with new representation. People can shriek 'the judge fucked us!' all they like but at the end of the day, you're always going to have to work with the judge you're assigned so you need to tailor your case accordingly.
Litterally the single smarted move KV's legal team made was the astute assessment that in Chupp they were dealing with a lazy fuck and thus offered him a powerpoint presentation instead of a case.
The KV legal team didn't make an astute assessment of Chupp. They also misread him and were dismissed by him/treated unfairly by him. Sam is the ONLY one who we can assume may have quickly and correctly assessed Chupp and acted accordingly, but frankly I don't believe that's even true. Sam was pulling the same strategy with Vic and in his filings long before going in front of Chupp (I think only Ty's new recruit has handled Chupp before). It just so happens that his 'desperate lawyer doing his best to represent a dead case' strategy paid off, because he ended up with Tarrant County's laziest, crappiest judge.
So if Vic doesn't get an appeal, can a second round still accure or start to make a seperate lawsuit (or whatever you say when you go after a new party)? I am now not sure if I actually thought they are seperate lawsuits or one big one but only related to each other as means to use information from the previous rounds for the current and future rounds. Weither those fail or not, it wouldn't affect the ability to go after the likes of Sabat or Marzgurl.
The comment I received, from what I understand, claims that because Vic failed to win, he can't go after anyone else.
The main issue is that "round 2" wasn't likely to ever be a separate lawsuit, but added causes/targets onto the main lawsuit once they had the info. It would lower costs/possibly evade statute of limitations issues. If they drop this lawsuit entirely and dust themselves off after paying TCPA costs (instead of appealing) then they're incurring more costs than if they added it to the original, without the supporting discovery to go with it.
I would presume that Funimation being off the hook is a primary reason to appeal at this point, as even if you don't go for Sabat directly, beheading the thing that gives him power will be extremely useful. Plus, discovery can do a lot of damage to him.