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

[Dumb Bitch Smoothie]

More likely than you'd think, unfortunately. Chupp needs to go back to chasing ambulances.

Maybe this time he should try consulting with the business end of the ambulance.

 

[Adach_Ame]

Good fucking lord, judicial elections are stupid and it's for exactly this reason.

Procedurally, any judge you run against Chupp would not be able to express any position for/against the case (and it wouldn't last that long), if they did they'd have to recuse themselves. Moreover, that wouldn't solve the problem where the facts and the law are solidly against Vic's case.

Erm cept the facts aren't against Vic, seeing as Chupp ignored them and wasn't really listening to EITHER side at the hearing

 

[PrinceofAllCucks]

Erm cept the facts aren't against Vic, seeing as Chupp ignored them and wasn't really listening to EITHER side at the hearing

Would've really appreciated to see which facts Chupp considered when writing his order granting TCPA, instead doing literally nothing.

 

[Adach_Ame]

Would've really appreciated to see which facts Chupp considered when writing his order granting TCPA, instead doing literally nothing.

Ain't that interesting how he doesn't do that, instead made very general and vague rulings.

 

[AnIncredibleDerp]

It's not a matter of how bad it is, but whether it can be remedied on appeal along with any other errors made during trial. It's not some kind of super-appeal for really bad decisions, but for when the error can't be corrected any other way.

It's not a super-appeal for bad decisions, it is however an "appeal" for decisions that are so bad that normal appeals don't help

 

[Sheryl Nome]

Maybe this time he should try consulting with the business end of the ambulance.

Are you saying that John Chupp just wants to live a quiet life?

 

[AnOminous]

It's not a super-appeal for bad decisions, it is however an "appeal" for decisions that are so bad that normal appeals don't help

"Bad" doesn't enter into it. It's for decisions that can't be rectified on appeal. For instance, an appeal of the denial of an assertion of a privilege. Or as in the church case, letting lawyers without authority to represent a corporation represent it at trial, as doing that was the damage. It couldn't be rectified on appeal because after the trial was over, the damage would already have happened.

Decisions that get such a writ often are staggeringly bad, but it isn't necessary or sufficient, or even relevant.

 

[AnIncredibleDerp]

"Bad" doesn't enter into it. It's for decisions that can't be rectified on appeal. For instance, an appeal of the denial of an assertion of a privilege. Or as in the church case, letting lawyers without authority to represent a corporation represent it at trial, as doing that was the damage. It couldn't be rectified on appeal because after the trial was over, the damage would already have happened.

Decisions that get such a writ often are staggeringly bad, but it isn't necessary or sufficient, or even relevant.

I guess my line of thought was, that if a writ is required, the fuckup must be so incredibly bad, that it utterly destroys the very function of the regular course of events in a case and an extraordinary remedy is needed.

So you're saying that if Chupp grants Lemoine's insanity, a motion for a writ of mandamus would be the correct course in front of appeals court?

 

[AnOminous]

So you're saying that if Chupp grants Lemoine's insanity, a motion for a writ of mandamus would be the correct course in front of appeals court?

If Ty asserts some reason Slatosch can't give the testimony Lemon wants, and Chupp rules to compel the testimony, a petition for a writ of mandamus would be appropriate because you can't unring a bell. If he's forced to testify to material concerning work-product, he can't be made to un-testify on appeal, so the only time the appeals court could address the issue at all would be on the petition.

 

[Allanon]

Erm cept the facts aren't against Vic, seeing as Chupp ignored them and wasn't really listening to EITHER side at the hearing

Anyone who says the facts are against Vic is either an idiot or lying, there's no point in addressing such a stupid argument.

On the subject of stupid, I think it's amusing that when obvious laypeople ask a genuine question about something in the law they clearly don't know (and are trying to correct by asking), lawtwit and its ilk think "rather than give a normal and straightforward answer, this is my chance to dunk! Mom will be proud of me! People will love me! I'll have friends!"

 

[5t3n0g0ph3r]

On the subject of stupid, I think it's amusing that when obvious laypeople ask a genuine question about something in the law they clearly don't know (and are trying to correct by asking), lawtwit and its ilk think "rather than give a normal and straightforward answer, this is my chance to dunk! Mom will be proud of me! People will love me! I'll have friends!"

"And maybe, just maybe, I'll be blessed with a retweet by PopeHat himself!"
These people are sad.

 

[mindlessobserver]

Trying to get Chupp off the case would be a waste of time. What Ty needs to do is get the appeals court to rule in a way that not only smacks down the TCPA but also says in no uncertain terms that if Ty has to appeal an adverse summary judgement to the same court they will not be happy.

Ty can do this as well. Chupp essentially demanded a burden of proof required for summary judgement rather then an Anti-SLAPP hearing. He can ask the appeals court to dispose of such avenues as well in not so many words. Once this is in front of a Jury Chupp's ability to derail things becomes far more limited.

 

[AnOminous]

Trying to get Chupp off the case would be a waste of time. What Ty needs to do is get the appeals court to rule in a way that not only smacks down the TCPA but also says in no uncertain terms that if Ty has to appeal an adverse summary judgement to the same court they will not be happy.

Ty can do this as well. Chupp essentially demanded a burden of proof required for summary judgement rather then an Anti-SLAPP hearing.

The TCPA burden is pretty much the same as on summary judgment but the plaintiff has not had the benefit of discovery. Vic's case easily passed both for the bulk of the causes of action. Chupp is just a pinhead.

 

[DragoonSierra]

So Monday Lemonie has to present his lawyer bill right?

 

[Immaculate Ape]

The TCPA burden is pretty much the same as on summary judgment but the plaintiff has not had the benefit of discovery. Vic's case easily passed both for the bulk of the causes of action. Chupp is just a pinhead.

At the rate of how this case's drama has been escalating, it honestly wouldn't surprise me if Chupp turned out to be a Cenobite

 

[774]

Are you saying that John Chupp just wants to live a quiet life?

Sounds more like a not-so-quiet death to me.

 

[Spectre_06]

Let me just suggest that there's some rumor that a new lawyer or two may be joining Vic's team for the appeal, and that those lawyers may be out for Lemoine's oxygen-deficient blood. Ty is in the middle of a nine-figure property dispute and that's eating up a lot of his time. We should know this week if these rumors are valid, though.

 

[teriyakiburns]

Let me just suggest that there's some rumor that a new lawyer or two may be joining Vic's team for the appeal, and that those lawyers may be out for Lemoine's oxygen-deficient blood. Ty is in the middle of a nine-figure property dispute and that's eating up a lot of his time. We should know this week if these rumors are valid, though.

Would that not include Martinez Hsu?

 

[Spectre_06]

Would that not include Martinez Hsu?

No. He's already been present for a hearing; apparently at least one true new lawyer may be coming in.

 

[theworstkindofeurofag]

No. He's already been present for a hearing; apparently at least one true new lawyer may be coming in.

If Vic ends up hiring three new lawyers, I guess I can't make fun of MoRon's exceptional lawyer army anymore.

Seriously though, good for Vic. I think hiring additional counsel might be a good idea. That way mistakes, like the ones in Ty's TCPA filing, are less likely to happen.