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

This is the exact reason why you don't parade a lawsuit around as some sort of pay-per-view event, the defendant(s) will just claim you're suing them for personal gain. Ty Beard shouldn't have been a part of Nick's livestreams, it was irresponsible and could very well jeopardize this case.
 
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We can conjecture all day but really the person that decides if something is a valid argument or not is the judge. A person with their own views and beliefs that has shown to take the “guilty until proven innocent” approach with this because #believeallwomen

In fairness, this will be the appellate court that would be deciding on it, and that would require the plaintiff's counsel to actually use the argument (which they probably won't). This is all fun speculation, but there's probably more effective strategies that Vic's lawyers will be using.
 
The only way that TI gets dismissed is if the second amended petition gets dropped, and the only way that happens is because of technicalities. How common is it for things to be dropped because of mere technicalities, considering how rigid yet flexible the law seems to be?
 
The only way that TI gets dismissed is if the second amended petition gets dropped, and the only way that happens is because of technicalities. How common is it for things to be dropped because of mere technicalities, considering how rigid yet flexible the law seems to be?
i don't even think you need the 2ap to get TI past TCPA
 
The only way that TI gets dismissed is if the second amended petition gets dropped, and the only way that happens is because of technicalities. How common is it for things to be dropped because of mere technicalities, considering how rigid yet flexible the law seems to be?

Extremely, extremely common. This is why lawyers are such sticklers for rules of civil procedure and evidence.

Also, the Court of Appeals will consider the TCPA de novo, they won't consider the decision to exclude the 2AP de novo. They will review for abuse of discretion, which is a substantially more deferential standard.
 

So... doesn’t this make any complaints about Vic being funded by outside sources moot?
 
What was the underlying tort that Toye/Rial committed?
TI w/ contract in texas doesn't require an underlying tort.

Extremely, extremely common. This is why lawyers are such sticklers for rules of civil procedure and evidence.

Also, the Court of Appeals will consider the TCPA de novo, they won't consider the decision to exclude the 2AP de novo. They will review for abuse of discretion, which is a substantially more deferential standard.
The good news here is that there's a lot of lack of clarity around the TCPA and in the past texas courts have been unwilling to apply rule 63 to Motions to Dismiss, meaning there's much more latitude to argue
 
Well, in the end, we can say we saved Vic from killing himself over the false allegations ruining his life. He's probably going to kill himself now over the sanctions and fees ruining his life.

No, I'm not serious, just cynical.

I mean, I'd certainly hope that someone at BHBH explained to him that this could potentially bankrupt him. It's something you really should know before this sort of thing.
 
What's funny to me is he is claiming the weeb wars OP is "legal analysis", but it's not. I think out of that huge wall of text there are maybe a few sentences where I give my (non lawyer) opinion on what it could be. I use links to Nick's videos for the actual legal analysis. Funny that he thinks me and Nick are the same person though. I will take that as a compliment and wish him luck in spending Moronicas money to prove otherwise. I know I have said it elsewhere but bears repeating that I just find legal cases fun and read them as a hobby. It's actually what brought me to the farms in the first place.
 
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