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

This was forgotten amid all the other spaghetti (at least I haven't seen it), but Martinez-Hsu wrote a letter to Chupp. TLDR: You need mutual consent for a submission hearing, and Vic does not consent like you say none of his fans ever consented to his friendly hugs, so fuck you. Lemwaaah"

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When is Chupp supposed to make a ruling on the costs? Has to be soon, considering someone FINALLY put out a number.
Somebody said that there is actually no hard date limits for Chupp to make a ruling on the costs, so theoretically Chupp could leave the ruling on costs in limbo forever.

This also would theoretically make it so this case never gets to appeals because there is no final ruling.

I guess at that point there must be some legal recourse for the lawyers to force Chupp to make a ruling because if it isn't then the Defendants would get stuck with their lawyers costs, which would also be funny.
 
You know, if a "lawyer" has time to burn on Twitter and acts exceptionally about it tells me a whole lot in regards to their professional life.
I'm acquainted with two different people who are both lawyers, took their exams at the same time but went two vastly different directions.

One doesn't get work at all, blames one thing or another for their abundant free time. The other has a comfortable but active workload, and still finds time to do things they enjoy.

You can guess which one spends more time on social media.

I'm not saying this is the case for everyone but I think it paints a clear picture. If you're happy with your life and have things to do, you're not gonna be sperging out as frequently as the majority of Lawtwit. You can also infer they don't have much to do because these types are chronic oversharers. Doucette aired out his Disney vacation as if it was some life changing experience, but otherwise? Not a peep, not even a vague hint of having a workload. Same with the rest of them.

You don't break confidentiality by saying you're stopping to grab a coffee before a meeting or complaining about having a late night taking care of things. And maybe they do, but their patterns are so inconsistent that it is NOT congruent with a working professional in any field.

The social media age is magical in the sense of painting a good picture of what people do based on subtle indications. For those that overshare about their lives, it's pretty obvious.

Using half a brain cell will give you the information I've brought up here, but most of us who aren't sucking LARPlawyer cock know that.
 
As a layman, I'm assuming the "Accepted" in the top right corner of the first page just means that it's been received by the clerk and not that it's been accepted by the appeals court, correct?
According to @AnOminous, that looks to be the case

It just means the following rule has been complied with:

View attachment 997933

That was actually a while ago. I know a docketing statement has actually been generated and filed in the court of appeals, though. Technically it would have already been perfected.
 
I however am not entirely sure I agree, especially since I haven't seen a cite for it. The pattern is there and has me curious, though. In any case, I'll continue to argue not attaching the second contract, detailing the additional costs, was a foolish move. A bill from a security firm (or a copy of the check paid to the conference to pay for it), total sales from previous years and lower sales this year (with the rational inference it was caused by the worse location, which you can see happened because of the difference in the provided contracts). Something that lets the court believe you have a way to calculate damages.

The bold section is a good point. Whether Ty was obligated to have this in the pleadings based on our lay interpretation of the TCPA, it should have been added early on in the amended pleadings to bolster his argument that real damages occurred and a materially different contract existed.

Vic should have the documents to support these claims on his side so discovery wasn’t needed to generate a little table of damages.

One thing you can credit Lemoine for is he knows how to baffle ‘em with bullshit. His long, somewhat rambling filings and other tricks of the trade secured a victory for his clients in the first pass at this case. But, the case isn’t over yet as it moves to appeals and we’ll see if the second review allows it to move forward
 
Oh look at that, you can just let the COA know about the pending attorneys fees, and they accept it.

Screenshot 2019-11-05 at 1.34.12 AM.png


It's almost as if Lemoine was full of shit...
:thinking:

Also, judging by that last checkmark, looks like Ty won't be pursuing that possible constitutional challenge he mentioned a few months back on Nick's stream. Oh well, straightforward appeal it is.

Edit: Even though Chupp completely screwed it up, BHBH doesn't think this is an overly complex case.
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The bold section is a good point. Whether Ty was obligated to have this in the pleadings based on our lay interpretation of the TCPA, it should have been added early on in the amended pleadings to bolster his argument that real damages occurred and a materially different contract existed.

Vic should have the documents to support these claims on his side so discovery wasn’t needed to generate a little table of damages.

One thing you can credit Lemoine for is he knows how to baffle ‘em with bullshit. His long, somewhat rambling filings and other tricks of the trade secured a victory for his clients in the first pass at this case. But, the case isn’t over yet as it moves to appeals and we’ll see if the second review allows it to move forward
You do not need to show how you can calculate damages to prove there was damage. Its insane to suggest that a prima facie showing should require the ability to calculate damage, at that point you might as well throw the tort out entirely because it becomes nigh impossible to make a case.

Discovery exists for a reason.

The purpose of the TCPA and other anti-slapp statutes is to throw out OBVIOUSLY unmeritorious lawsuits outright, like those with absolutely no proof of what they're alleging in the first place, no testimony, not enough to support even a basic showing.

Making it fucking impossible to sue people for any speech based torts is definitely not the intention nor even the wording, I have no idea why people have this obsessively high ask of Ty's evidence for a mere prima facie showing, it seems to increase every time its brought up in this thread.
 
Oh look at that, you can just let the COA know about the pending attorneys fees, and they accept it.

View attachment 997944

It's almost as if Lemoine was full of shit...
:thinking:

Also, judging by that last checkmark, looks like Ty won't be pursuing that possible constitutional challenge he mentioned a few months back on Nick's stream. Oh well, straightforward appeal it is.
I'd think that if we enter the worst timeline and the appeals court upholds Chumpp's decision, the constitutionality of the TCPA might come into play if he plans to appeal to the SCOTX.

For this appeal, yeah, it looks simple and straightforward. Well as straightforward as the shitfest that is Weeb Wars could be.
 
Whether Ty was obligated to have this in the pleadings based on our lay interpretation of the TCPA, it should have been added early on in the amended pleadings to bolster his argument that real damages occurred and a materially different contract existed.
I think that's excessive. It's very likely that Slatosch had paid for the security (being the event organizer) and there is no reason why a gentlemans agreement to reimburse Slatsch wouldn't be enough to constitute a contract. Slatosch saying as much in his deposition (that Vic was paying for the enhanced security) should be enough of a contract to pass.
 
I think that's excessive. It's very likely that Slatosch had paid for the security (being the event organizer) and there is no reason why a gentlemans agreement to reimburse Slatsch wouldn't be enough to constitute a contract. Slatosch saying as much in his deposition (that Vic was paying for the enhanced security) should be enough of a contract to pass.
There is a difference between "Technically applies" and "Certainly applies". It can, and will, be argued by Beard that it does apply, I personally hold that it should, but it would have been easy to get hard numbers here to shore up the case.

Beard did a lot of this, skirting tot he very edge of what he needed by technicality rather than shoring up his case to be 100% sure it could win. Ideally, he'd have done everything he could to make it worthy of Summary Judgement. Because while, yes, that requires discovery, if you aim for the evidentiary burden above what you need you are certain to succeed.
 
There is a difference between "Technically applies" and "Certainly applies". It can, and will, be argued by Beard that it does apply, I personally hold that it should, but it would have been easy to get hard numbers here to shore up the case.

Beard did a lot of this, skirting tot he very edge of what he needed by technicality rather than shoring up his case to be 100% sure it could win. Ideally, he'd have done everything he could to make it worthy of Summary Judgement. Because while, yes, that requires discovery, if you aim for the evidentiary burden above what you need you are certain to succeed.
Yeah, this is what annoys me so much about Ty. He kept going on and on about how he was a strategic wargamer and how him and his team talked about this case every day and were prepared for everything, but then he clearly wasn't prepared for everything. It's frustrating.

Also, the punctuation in the newest filing really is lackluster. How hard can it be to proofread a document? English is not my first language, but I feel like I could've done a better job at punctuating. It doesn't matter, of course. The contents are more important. But I agree with the other person in this thread that said this, the flow of the legal argument doesn't appear to be very smooth. I don't know anything about that, though, so, whatever.
 
Yeah, this is what annoys me so much about Ty. He kept going on and on about how he was a strategic wargamer and how him and his team talked about this case every day and were prepared for everything, but then he clearly wasn't prepared for everything. It's frustrating.

Also, the punctuation in the newest filing really is lackluster. How hard can it be to proofread a document? English is not my first language, but I feel like I could've done a better job at punctuating. It doesn't matter, of course. The contents are more important. But I agree with the other person in this thread that said this, the flow of the legal argument doesn't appear to be very smooth. I don't know anything about that, though, so, whatever.

IF it gets the job done, none of what has been criticized matters. Not to mention that by doing so limits the lulz and makes ya look like a pedantic asshole.
 
IF it gets the job done, none of what has been criticized matters. Not to mention that by doing so limits the lulz and makes ya look like a pedantic asshole.
We know Chupp skims these at best. Wouldn't you then, knowing Chup's chupness, want to ensure that these were as easy and smooth to read AS POSSIBLE?
 
We know Chupp skims these at best. Wouldn't you then, knowing Chup's chupness, want to ensure that these were as easy and smooth to read AS POSSIBLE?
and if that doesn't work and you get chupped? probably screw you later in higher courts if you short hand it for just 1 human instead of laying it all out there.
 
and if that doesn't work and you get chupped? probably screw you later in higher courts if you short hand it for just 1 human instead of laying it all out there.
I never said short hand it, I said make it as easy and smooth as possible. Good punctuation, good formatting, put the effort in to make it a clean read.
 
I never said short hand it, I said make it as easy and smooth as possible. Good punctuation, good formatting, put the effort in to make it a clean read.
Your asking a profession that only requires a degree not one specifically in English Writing/Lit. I mean sure there are lawyers with English Degree's and such but they are not common but not quite Unicorn status.
 
Your asking a profession that only requires a degree not one specifically in English Writing/Lit. I mean sure there are lawyers with English Degree's and such but they are not common but not quite Unicorn status.
You don't need an english degree to write cleanly. Take your time, read it outloud, Hand it off to someone else, or two, and have THEM read it, It takes longer, but gets you neat, clean writing that gets a lot easier, and faster, with practice.
 
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