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

[AnOminous]

TCPA stops discovery once you make the motion. However, you don't just write the words "TCPA motion now, stop discovery plz" on a piece of paper. If you do that, the judge might just decide the TCPA doesn't apply to the case and deny the motion. So, while you are writing your TCPA motion, which you are apparently not allowed to gather and evidence in support of according to this idea, the plaintiff can force lots of discovery while you can't gather anything to help yourself at all.

Why would you need evidence? It should be apparent on the face of the complaint that it is frivolous and lacks a basis in law and that the plaintiff either hasn't or can't present anything in support of it. At most, the plaintiff is put to find at least one witness who can back up each element of each claim or the plaintiff goes away.

Whether the TCPA applies in a defamation case is inherent in the claims made. If they're defamation it almost automatically applies. Then why is discovery needed? Either the plaintiff presents a prima facie case or just flat out loses.

 

[Padoru]

TCPA stops discovery once you make the motion. However, you don't just write the words "TCPA motion now, stop discovery plz" on a piece of paper. If you do that, the judge might just decide the TCPA doesn't apply to the case and deny the motion. So, while you are writing your TCPA motion, which you are apparently not allowed to gather and evidence in support of according to this idea, the plaintiff can force lots of discovery while you can't gather anything to help yourself at all.

I'm struggling to even imagine how to implement something like this. Are the defendants only disallowed from starting their own discovery at all if they think there's a potential TCPA motion, or are they also blocked from participating in discovery done by the other side? If the defendants, assuming that the plaintiffs are acting in good faith and the TCPA doesn't apply, do some discovery and find an email saying "Doesn't matter if we don't have a case yet, let's force them to shut up", are they still banned from filing a TCPA motion?

the plaintiff couldn't force shit if you don't comply with it as seen by MoRon. Here a quick reminder to you that they literally ignored almost all discovery requests by Ty entirely BEFORE they filed their TCPA. They were already a week late on it but Ty was being too nice to them and only after them being bitches even THEN filed the motion to compel which is still outstanding should appeals be granted regarding them. And you have to remember that this is while they conducted discovery completely irrelevant to the TCPA: Vic's Deposition for example didn't even have any questions that would ever lead to answers showing that his Lawsuit is frivolous. Half their discovery requests were about shit THEY should be providing etc.

 

[HTTP Error 404]

By engaging in discovery, there is an argument, and let me make a point that it is not an insubstantial one, that the defendant is arguably waiving their right to the TCPA by implicitly agreeing that the lawsuit is NOT frivolous, by engaging in discovery. Because a truly frivolous lawsuit would get a TCPA response and nothing else.

There is a real argument that the TCPA may not apply here, it would not be beyond the pale for the courts to decide that beginning the discovery process in a lawsuit waives the right to the TCPA.

I wonder if it's too late for Vic's team to make that case. Like, is that something they could bring up towards the appeals court?

 

[Adach_Ame]

the plaintiff couldn't force shit if you don't comply with it as seen by MoRon. Here a quick reminder to you that they literally ignored almost all discovery requests by Ty entirely BEFORE they filed their TCPA. They were already a week late on it but Ty was being too nice to them and only after them being bitches even THEN filed the motion to compel which is still outstanding should appeals be granted regarding them. And you have to remember that this is while they conducted discovery completely irrelevant to the TCPA: Vic's Deposition for example didn't even have any questions that would ever lead to answers showing that his Lawsuit is frivolous. Half their discovery requests were about shit THEY should be providing etc.

Indeed. They had the depositions, and took the discovery requests Ty complied with, without returning the favor in complying with Ty's discovery requests. Literally REFUSED to comply with them and when Ty filed a motion to compel, Funimation filed the TCPA on the last day for it as almost as if they had this coordinated or something.

 

[Elric of Melnibone]

Should I be relieved that I was not in the filing, or disappointed? Tell me fellow Kiwi's for I do not know.

That being said this is defiantly the lawsuit that just mass produces salt and unheard of levels. I think I might get a hardback printing of the appeal courts opinion on this shit show. Just the thought of three of Chupp's peers in the field getting this in their docket, especially after that previous one they remanded twice just fills me with unmitigated joy. I can not wait for season two of this. Also, if Chupp does not issue sanctions, can the appeal court issue them, or would they have to remand it back to Chupp and have him do it?

 

[Botchy Galoop]

Its a policy argument, the point of the TCPA is to swiftly dispose of frivilous lawsuit, if a lawsuit against you is frivilous, the last thing you want to do is engage in discovery and go through unnecessary cost, because the thing that frivilous lawsuits utilize to intimidate people is the cost of litigation. Even having your lawyer be present while you're deposed is screamingly expensive.

Thus, that is why the TCPA, and other anti-slapp statutes stay discovery (to prevent costs from being inflated), and awards costs to the defendant if they win (So that the costs of the lawsuit that would be forced onto them by the plaintiff are not)

By engaging in discovery, there is an argument, and let me make a point that it is not an insubstantial one, that the defendant is arguably waiving their right to the TCPA by implicitly agreeing that the lawsuit is NOT frivolous, by engaging in discovery. Because a truly frivolous lawsuit would get a TCPA response and nothing else.

There is a real argument that the TCPA may not apply here, it would not be beyond the pale for the courts to decide that beginning the discovery process in a lawsuit waives the right to the TCPA.

Succinct analysis and I agree. This is the whole raison d'etre for the TCPA. How the TCPA was meant to be applied and how it is actually being used is something that the Supreme Court of any State with an Anti-SLAPP law should be looking at. I am now curious to see the arguments and rulings of the Courts that struck down SLAPP in their states.

 

[AnOminous]

I wonder if it's too late for Vic's team to make that case. Like, is that something they could bring up towards the appeals court?

Yes. Whether they'd hear it or not when it wasn't raised below is another issue, but the court at Fort Worth is disinclined to be especially concerned with the technicalities of error preservation on de novo review of a TCPA case and has recently said so.

 

[Hakuba Gaijin]

Also looks like we have four named partners on Vic's team: Beard, Bullock, Martinez, and Hsu.

Holy shit, how much is all this going to cost?

Lemonhead himself has apparently already run up $270k. That GFM $255k must be nearly exhausted already and we haven't even had the TCPA decision appeal yet.

Starting to feel bad for Vic. If he loses this appeal he's going to be on the hook for loads of compensation to the defendents, and if he wins (given the GFM has slowed right down) he's going to have to potentially fund a large part of an expensive lawsuit himself.

 

[Allanon]

Holy shit, how much is all this going to cost?

Lemonhead himself has apparently already run up $270k. That GFM $255k must be nearly exhausted already and we haven't even had the TCPA decision appeal yet.

Starting to feel bad for Vic. If he loses this appeal he's going to be on the hook for loads of compensation to the defendents, and if he wins (given the GFM has slowed right down) he's going to have to potentially fund a large part of an expensive lawsuit himself.

Vic was always going to fund it himself. The GFM is a wonderful thing that has currently saved him about $260k, but it running out doesn't mean the lawsuit ends. Plus, if appeals succeed you can pretty much assume the GFM will speed up again.

 

[TheClappening]

Its a policy argument, the point of the TCPA is to swiftly dispose of frivilous lawsuit, if a lawsuit against you is frivilous, the last thing you want to do is engage in discovery and go through unnecessary cost, because the thing that frivilous lawsuits utilize to intimidate people is the cost of litigation. Even having your lawyer be present while you're deposed is screamingly expensive.

Thus, that is why the TCPA, and other anti-slapp statutes stay discovery (to prevent costs from being inflated), and awards costs to the defendant if they win (So that the costs of the lawsuit that would be forced onto them by the plaintiff are not)

By engaging in discovery, there is an argument, and let me make a point that it is not an insubstantial one, that the defendant is arguably waiving their right to the TCPA by implicitly agreeing that the lawsuit is NOT frivolous, by engaging in discovery. Because a truly frivolous lawsuit would get a TCPA response and nothing else.

There is a real argument that the TCPA may not apply here, it would not be beyond the pale for the courts to decide that beginning the discovery process in a lawsuit waives the right to the TCPA.

I've run this by Nick a few times, and while he says there's an argument to be had for that, it might not be worth the word count on the appeal proper. The TCPA does allow for limited discovery in the context of the TCPA. Like you, I press X to doubt that the deposition were really necessary for the TCPA (well, it seemed to have helped Marchi), but Lemwaaah can hide behind the letter of the law and waste time and effort if they wanted to argue over it.

Which is why it's probably not an argument worth pursuing. Just beat them over the head with the evidence at hand, and hope the appeals judges don't Chupp it up (and/or have a hateboner for Chupp's laziness; 4 of the 7 judges at least have dealt with Chupp already).

Holy shit, how much is all this going to cost?

Lemonhead himself has apparently already run up $270k. That GFM $255k must be nearly exhausted already and we haven't even had the TCPA decision appeal yet.

Starting to feel bad for Vic. If he loses this appeal he's going to be on the hook for loads of compensation to the defendents, and if he wins (given the GFM has slowed right down) he's going to have to potentially fund a large part of an expensive lawsuit himself.

We don't know the final costs yet. This is what Lemwaah is alleging he should be paid. What Chupp grants (or what the appeals courts grants if we enter the darkest timeline) is up in the air.

 

[Hakuba Gaijin]

We don't know the final costs yet. This is what Lemwaah is alleging he should be paid. What Chupp grants (or what the appeals courts grants if we enter the darkest timeline) is up in the air.

Yeah, I understand that. Nevertheless these are massive numbers beng racked up and potentially it's barely the end of the first quarter.

 

[Ivan Shatov]

Yeah, I understand that. Nevertheless these are massive numbers beng racked up and potentially it's barely the end of the first quarter.

It's likely Chupp will grant whatever the Defendants request. Regardless of whether they are reasonable, Ty has an uphill battle to knock them down.

These numbers may seem huge, but wait for the appeal. Should Vic prevail on any motions, large chunks of that money disappear.

 

[Markorian]

Correct me if I'm wrong, and I don't want to sound like Ty here with the "we've already won" nonsense, but wouldn't these ridiculous requests getting Chupp'd up help Vic at this point, as all it would do is beef up his appeal?

 

[Sheryl Nome]

Correct me if I'm wrong, and I don't want to sound like Ty here with the "we've already won" nonsense, but wouldn't these ridiculous requests getting Chupp'd up help Vic at this point, as all it would do is beef up his appeal?

they don't really matter in all honestly.

 

[LuNaS]

Vic was always going to fund it himself. The GFM is a wonderful thing that has currently saved him about $260k, but it running out doesn't mean the lawsuit ends. Plus, if appeals succeed you can pretty much assume the GFM will speed up again.

There is also the fact that Ty mentioned at one point, if I remember correctly, that if this went to appeals he would even do it pro Bono if only to make a point. Not sure if he meant higher appeals court and to make a point of the TCPA being unconstitutional, but if I was Ty I would probably waive my own payment for Vic's case at least at the appeals phase, but that is just me and my personal code of conduct.

 

[AnOminous]

Correct me if I'm wrong, and I don't want to sound like Ty here with the "we've already won" nonsense, but wouldn't these ridiculous requests getting Chupp'd up help Vic at this point, as all it would do is beef up his appeal?

If a competent judge did the work of actually breaking down the costs and fees by count and defendant in a coherent, intelligible way based on citations to facts in the record, it could be very helpful to an appeals court on de novo review and greatly simplify the process of deciding how to modify it on a partial reversal.

But we have fucking Chupp so that isn't going to happen.

 

[I can't imagine]

Correct me if I'm wrong, and I don't want to sound like Ty here with the "we've already won" nonsense, but wouldn't these ridiculous requests getting Chupp'd up help Vic at this point, as all it would do is beef up his appeal?

As far as I know, the determination will be made all over again after the ruling from the appellate court, assuming any causes of action are dismissed. So Chupp's decision on them won't really be as important as the docs themselves.

There is also the fact that Ty mentioned at one point, if I remember correctly, that if this went to appeals he would even do it pro Bono if only to make a point. Not sure if he meant higher appeals court and to make a point of the TCPA being unconstitutional, but if I was Ty I would probably waive my own payment for Vic's case at least at the appeals phase, but that is just me and my personal code of conduct.

They've brought on multiple new attorneys; I highly doubt they're working for free.

 

[LuNaS]

As far as I know, the determination will be made all over again after the ruling from the appellate court, assuming any causes of action are dismissed. So Chupp's decision on them won't really be as important as the docs themselves.



They've brought on multiple new attorneys; I highly doubt they're working for free.

That is why I specifically mentioned Ty's payment and said "personal code of conduct" under no circumstance would I suggest for the other lawyers to not receive payment, I was only talking about Ty.

 

[I can't imagine]

That is why I specifically mentioned Ty's payment and said "personal code of conduct" under no circumstance would I suggest for the other lawyers to not receive payment, I was only talking about Ty.

Ah, I see what you mean.

Truthfully, I'm not sure how much he'll be active on the actual appeal. They seem to have brought on specialists for this issue, and someone mentioned Ty being engaged with another situation in the coming months as well.

 

[Ivan Shatov]

If a competent judge did the work of actually breaking down the costs and fees by count and defendant in a coherent, intelligible way based on citations to facts in the record, it could be very helpful to an appeals court on de novo review and greatly simplify the process of deciding how to modify it on a partial reversal.

But we have fucking Chupp so that isn't going to happen.

Your optimism warms my heart and sets my anxieties at ease. It's like a black coffee served in a cold tin cup, pushed through the slot on the door of a granite prison cell.