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

[TheClappening]

Posting this here so we can get to know the appeals judges better.

Texas Second District Court of Appeals - Ballotpedia

ballotpedia.org

Texas Second District Court of Appeals - Ballotpedia

archived 25 Oct 2019 04:18:47 UTC

archive.fo

It consists of four women (Lee Gabriel (Archive), Elizabeth Kerr (Archive), Bonie Sudderth (Archive), Dana Womack (Archive)), and three men (Dabney Bassel (Archive), Mike Wallach (Archive), and Wade Birdwell (Archive))

All 7 judges are Republican.

Three judges (Bassel, Wallach, and Womack) took their position in 2019.

Two judges (Gabriel and Sudderth) were appointed by Rick Perry.

Three judges (Wallach, Birdwell, Womack) were appointed by Greg Abbott.

The last two judges (Bassell and Kerr) were elected.

Gabriel and Womack will have to run for reelection in 2020.

Sudderth and Gabriel have rendered a writ of mandamus against Chupp.

Bassel and Wallach ran against Democrat candidates and won (58.3% to 41.7%, and 57.39% to 42.61%, respectively). Kerr defeated Bassel in the Republican primaries. Otherwise, all other judges have run unopposed.

 

[AStupidMonkey]

Here's a question. What would it take for Marchi statement to be considered defamatory?

A competent judge. Hence:

its more likely that lemonhead doesnt want this going to appeals at all since he knows that can lead to some serious shit

This.

Yes, I wager it's this. Remember how we (well, I was at least) kept getting confused as if the appeals start at the end of the TCPA or at the rewarding of legal fees / sanctions? Lemonfurher is trying to play that game. "Oh the sanctions haven't been found out yet so he can't appeal yet" followed in a few months by "he can't appeal he's past his 20 day window."

He's trying to get BHBH in a catch 22 where there's exactly no possible way to actually appeal, because even though Lemonfurher is just a brain damaged fuckwit with a tiny dick who will never be successful in his chosen career, he's not entirely stupid. He knows if this hits appeals then they're almost definitely going to overturn Chupp.



Except attorney's fees are not a claim that the TCPA covers. Those are the claims Vic made. He's either a complete fucking idiot, or he's trying to bullshit Chupp. Or both.

Shouldn't Lemwahwah of all people know that TCPA's are appealable? I remember him having at least one under appeal.

 

[Lord Xenu]

Hm? I wonder if there is an archive of this podcast, cause it would be entertaining to listen to someone who ruffled their feathers. :p

I'd imagine they were more pissed about the ALAB hosts mocking them directly on Twitter since T. Douchebag & Co. know the clowns who follow them are unable to process any concepts that can't be expressed in 144 characters or less.

Episode 4: Weeb Wars, Pt. 1

Andy, Michael, and Tarik play on the astroturf that is one of the more ill-considered lawsuits any ostensible lawyer has ever pushed a "client" to file: Vic Mignona's doomed lawsuit against the #metoo

soundcloud.com

 

[AnOminous]

I'd imagine they were more pissed about the ALAB hosts mocking them directly on Twitter since T. Douchebag & Co. know the clowns who follow them are unable to process any concepts that can't be expressed in 144 characters or less.

They mocked Nick and Ty too and neither of those guys completely chimped out and lost their shit over it.

What a bunch of thin-skinned pussies.

 

[TheClappening]

A competent judge. Hence:

This.

Shouldn't Lemwahwah of all people know that TCPA's are appealable? I remember him having at least one under appeal.

To be fair, Lemwaaah doesn't give a shit what happened to Marchi. His clients are MoRon.

And Lemwaaah has about 5 TCPAs on appeals.

 

[Allanon]

Posting this here so we can get to know the appeals judges better.

Texas Second District Court of Appeals - Ballotpedia

ballotpedia.org

Texas Second District Court of Appeals - Ballotpedia

archived 25 Oct 2019 04:18:47 UTC

archive.fo

It consists of four women (Lee Gabriel (Archive), Elizabeth Kerr (Archive), Bonie Sudderth (Archive), Dana Womack (Archive)), and three men (Dabney Bassel (Archive), Mike Wallach (Archive), and Wade Birdwell (Archive))

All 7 judges are Republican.

Three judges (Bassel, Wallach, and Womack) took their position in 2019.

Two judges (Gabriel and Sudderth) were appointed by Rick Perry.

Three judges (Wallach, Birdwell, Womack) were appointed by Greg Abbott.

The last two judges (Bassell and Kerr) were elected.

Gabriel and Womack will have to run for reelection in 2020.

Sudderth and Gabriel have rendered a writ of mandamus against Chupp.

Bassel and Wallach ran against Democrat candidates and won (58.3% to 41.7%, and 57.39% to 42.61%, respectively). Kerr defeated Bassel in the Republican primaries. Otherwise, all other judges have run unopposed.

He's had three writs, and you only listed two judges. Did one leave office, or did one of those two have to write more than one writ for him already?

 

[Spectre_06]

You know all about not committing to things, don't you, Greg boi, say how is that wife and kid?

To be fair, he's committed to a few things.

Banruptcy and running away from his responsibilities.

 

[Elric of Melnibone]

Here's a question, if lemwahs trying to somehow get discovery to prove that Vic/Ty plan to sue other people for the same or slimier things (which as we all know is the plan because its not secret or information that will lead to the arrest of Hillary Clinton), and with the appeal taking upwards to six months or more to conclude, what does this mean for round two of the lawsuits? As I understand it the statute of limitations on this is ticking for the as of yet un-named second wave of defendants. The hope and theory is that Sabat and others will be sued, and further more that Ty plans to use discovery from this round to support that round. So what is the statute of limitations for what Sabat and others could be brought in for, and could Ty end up having to start round 2 early to keep them from running out? Also would that have any effect or draw backs in the TCPA of round 1, for instance if round 1 gets defeated on TCPA would it prevent round 2 from happening? Or if Round 2 gets started and then round 1 gets thrown out by appeals would that affect it?

Sorry for my confusing writing on this, doing it as a stream of consciousness to try and noodle my way through the questions I have about this.

To TL'DR it,
1. What is the statute of limitations on Sabat and other possible round 2 targets.
2. How does this TCPA decision effect it?
3. Could this TCPA prevent or stop round 2, outside of the absence of discovery evidence?

 

[Cloud8521]

Here's a question, if lemwahs trying to somehow get discovery to prove that Vic/Ty plan to sue other people for the same or slimier things (which as we all know is the plan because its not secret or information that will lead to the arrest of Hillary Clinton), and with the appeal taking upwards to six months or more to conclude, what does this mean for round two of the lawsuits? As I understand it the statute of limitations on this is ticking for the as of yet un-named second wave of defendants. The hope and theory is that Sabat and others will be sued, and further more that Ty plans to use discovery from this round to support that round. So what is the statute of limitations for what Sabat and others could be brought in for, and could Ty end up having to start round 2 early to keep them from running out? Also would that have any effect or draw backs in the TCPA of round 1, for instance if round 1 gets defeated on TCPA would it prevent round 2 from happening? Or if Round 2 gets started and then round 1 gets thrown out by appeals would that affect it?

Sorry for my confusing writing on this, doing it as a stream of consciousness to try and noodle my way through the questions I have about this.

To TL'DR it,
1. What is the statute of limitations on Sabat and other possible round 2 targets.
2. How does this TCPA decision effect it?
3. Could this TCPA prevent or stop round 2, outside of the absence of discovery evidence?

I believe in Texas the libel statute is 1 year on libel. But not sure, basically they would have until February or so to start i believe, or potentially the last instance of libel committed (not sure.)
TI is 2 years, yet again i cant be sure about that.

 

[TheClappening]

He's had three writs, and you only listed two judges. Did one leave office, or did one of those two have to write more than one writ for him already?

In In Re Dakota Drilling, Gabriel and Sudderth were the three appeals judges, and Gabriel actually wrote the writ. According to @AnOminous Kerr and Birdwell have also overturned Chupp in a normal appeal. The other two writs Chupp received were not by any of the current judges on the 2nd.

At least Gabriel, Kerr, Sudderth and Birdwell have been on panels reversing him. Gabriel and Sudderth were on the panel issuing mandamus against him, which Gabriel wrote.

 

[Slimy Time]

They mocked Nick and Ty too and neither of those guys completely chimped out and lost their shit over it.

What a bunch of thin-skinned pussies.

Nick is even in the Soundcloud comment complimenting them on being entertaining and offering to clear anything up. A fair response. Lawtwitter though...Can't allow the ego to be bruised.

 

[Dumb Bitch Smoothie]

If you're a thin-skinned manbaby, you should probably avoid practicing law. Most of Lawtwitter would have better luck selling ice to Eskimos in a snowstorm before they would actually make a sound judgment on something. Their weakness is laughable.

Just because you did it on paper and won cases hypothetically doesn't mean you're ready to face the real world. If you can get worked up enough to sperg out about something, you need to be wrangled like the tard you are and put back into daycare since nobody wants to hear or see these unfortunate looking men.

Especially Doucette. Someone needs to lock him up until he troons out and then accidentally ship him to Iran or Russia where he can get a taste of the real world in the form of a Lake City quiet pill or ten.

 

[tuscangarder]

Too obvious man, you gotta get better at this.

I'm just telling the truth. I have no clue why people white knight such an overtly terrible lawyer, especially if they donated.

 

[Monkey Prick]

Look, its likely that Ty is wrong, but this is hardly a 'dunk' of a mistake to make.

Not wrong exactly, he's filed a notice of appeal before his 20 day deadline is up, it's not like he filed an actual appeal before sanctions and fees are awarded.

If Ty didn't do this then lemonhead could argue that it's too late and would likely be able to wriggle out of appeals, doing things this way means it's a hell of a lot harder to make that claim when all parties have been made aware of appeals coming.

 

[Kendrick]

So, what prevents Ty of writing a motion to squash/dismiss/ignore/ethically warn all of Lemonhead!s ex-parte communications?

He's trying to push actions from the judge that should be motions. He's not following the rules of civil procedures.

 

[AStupidMonkey]

So, what prevents Ty of writing a motion to squash/dismiss/ignore/ethically warn all of Lemonhead!s ex-parte communications?

He's trying to push actions from the judge that should be motions. He's not following the rules of civil procedures.

Because there's nothing to quash? He's making suggestions to the judge, which are probably not "ex-parte" per se, because they're being served to everyone at the same time. Based on my extremely limited knowledge from watching other lolsuits (and a few that were more practical), the judge should know well enough to ignore these. Ty could write back to the judge with a "nah uh," but he probably won't.

Trouble is, Chupp has shown he's way too influenced by this crap. As shown by that filing right before the TCPA hearing. Which probably WAS ex-parte, because Ty didn't get a copy of the ridiculous binders before the hearing. (And probably didn't get a copy after either, because Lemwah is an asshole like that.)

 

[theworstkindofeurofag]

If appeals get granted and this goes back to Chupp, he could still act like a biased bitch. Sure, eventually the jury decides about the case, but during the trial, he could potentially, for example, deny Vic's witnesses the right to testify or cut off Ty after half an hour and let opposing counsel speak for two hours or refuse to look at Ty's evidence (again), couldn't he?

Has me worried. Why can't Chupp just stomp on a lego so dann hard he's unable to work, so that he would get replaced by someone else?

 

[Garm]

If appeals get granted and this goes back to Chupp, he could still act like a biased bitch. Sure, eventually the jury decides about the case, but during the trial, he could potentially, for example, deny Vic's witnesses the right to testify or cut off Ty after half an hour and let opposing counsel speak for two hours or refuse to look at Ty's evidence (again), couldn't he?

Has me worried. Why can't Chupp just stomp on a lego so dann hard he's unable to work, so that he would get replaced by someone else?

If this makes it to a jury trial I think that jury can get affidavits and look over the evidence in the case. Chupp being a bastard would actually work against the defense since that would mean listening to Lemoine.

Of course if anything damning is in the defenses discovery then they would probably settle. The only card they had was the TCPA and that is headed for appeals.

 

[Sheryl Nome]

If this makes it to a jury trial I think that jury can get affidavits and look over the evidence in the case. Chupp being a bastard would actually work against the defense since that would mean listening to Lemoine.

Of course if anything damning is in the defenses discovery then they would probably settle. The only card they had was the TCPA and that is headed for appeals.

If this made it to a jury trial there will be a lot more evidence from discovery.

 

[2lolis1cup]

If appeals get granted and this goes back to Chupp, he could still act like a biased bitch. Sure, eventually the jury decides about the case, but during the trial, he could potentially, for example, deny Vic's witnesses the right to testify or cut off Ty after half an hour and let opposing counsel speak for two hours or refuse to look at Ty's evidence (again), couldn't he?

Has me worried. Why can't Chupp just stomp on a lego so dann hard he's unable to work, so that he would get replaced by someone else?

Chupp didn't seem very biased against Ty at all. He seemed to punish Ty for something the defendants did multiple times, but Ty did last. Chupp's bias was against the law if anything. He simply did what he wanted and demanded what he wanted regardless of the law and rules. This by it's nature heavily biased the case against Ty. It doesn't mean Chupp specifically was biased against Ty. Chupp by his disregard for procedure and rules made biases against the defendants. In the end it didn't matter, since he dismissed all charges.

There is also the very real possibility that if Chupp fucks up the case if it comes back to him, it will be appealed again. If you want to see a case that Chupp has constantly told to do a better job with look at EPISCOPAL CHURCH, ET AL. V. EPISCOPAL DIOCESE OF FORT WORTH. This ride can go on for a very long time for various reasons and outcomes.