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

  • Emails (registration / password reset) appear to be working; be sure to check spam.

AnOminous

i will eat your fucking soul
True & Honest Fan
Retired Staff
kiwifarms.net
@AnOminous Is it possible for someone to poke the Appeals court and go "Hey, we do have this on the docket"?
There's an extremely rare remedy called a writ of procedendo which a superior court can issue to a lower court, ordering the lower court to come to a decision. Only the Texas Supreme Court could issue such a writ to an intermediate appellate court, and it shouldn't need to be said, but they wouldn't.

This length of time between submission and decision is not even slightly extraordinary.
 

Divine right to rule

Per asperga ad astra
kiwifarms.net
"Who the fuck is Nick Rekieta and why does he sending in amicus briefs?"
They heard of him if they read Lungboy's filings. He couldn't stop sperging about the "shock jock" who is totally an agent of Vic.
I don't know if the brief will actually help the case or not, probably not, but I can understand that Nick wanted to include himself after being mentioned so extensively by the defendants. It is still pretty spergy to insist for months to NOT BE VICS LAWYER, and I AM ONLY A COMMENTATOR READING FILINGS, and then to include himself into the suit by writing a brief nobody asked for.
 

5t3n0g0ph3r

Resident Archivist
Local Moderator
True & Honest Fan
kiwifarms.net
I don't know if the brief will actually help the case or not, probably not, but I can understand that Nick wanted to include himself after being mentioned so extensively by the defendants.
They threw out the brief because Nick's not a practicing lawyer in Texas nor did he get a Texas lawyer (not part of the counsels of the parties involved) representing Rekieta Media, LLC to submit it for him.
 

AnOminous

i will eat your fucking soul
True & Honest Fan
Retired Staff
kiwifarms.net
They threw out the brief because Nick's not a practicing lawyer in Texas nor did he get a Texas lawyer (not part of the counsels of the parties involved) representing Rekieta Media, LLC to submit it for him.
It was still embarrassing. I am a huge non-fan of amicus briefs, but if they must be submitted, it should be by someone with some specific academic qualifications, not an open partisan for one side of the dispute. As an example of a rare actually good amicus brief, I would offer Eugene Volokh's in a Second Amendment case. Do you like Heller? Well, the majority opinion in SCOTUS openly cribbed from his legal reasoning.

I should note the main thing about a Volokh amicus is he's basically telling the court I'm one of the smartest people alive who know about this thing, I know more about it than you, and I'm here to help you. And he's one of the few people alive who can honestly say that.

As an open partisan arguing on behalf of one of the parties, though? This isn't an amicus brief, it's an inimicus brief. All it does is annoy the court. This is my least favorite thing Nick ever did regarding this case.
 

Kosher Salt

(((NaCl)))
kiwifarms.net
Well, that's full on spergy then. He should have known better.
He thought he could submit it pro se. There's no rule that says he couldn't submit it pro se, so it's quite possible that he could've, and the court just made the wrong decision, but if so it's partly his fault.

He made two lethal mistakes. One, he initially wrote it as a brief on behalf of his LLC instead of on behalf of himself (you can't represent your LLC pro se, it's a distinct legal entity and you have to hire a lawyer to represent it), and two, mentioning that he's totally a real lawyer, just not in Texas (which triggered the court to say "ok, then, get pro hac vice if you want to file something").

He tried to rewrite and refile it as a brief on behalf of himself, but by that point the court was standing firm on "you're a lawyer, but you're not a lawyer in Texas, so get sworn in pro hac vice or go away."
 

Kosher Salt

(((NaCl)))
kiwifarms.net
Also, IIRC, even the first time he submitted it too late for it to be accepted even if he had followed the procedure.
I don't think the issue was that it was "too late to be accepted," there's just the court's internal guidelines for how long it takes them to write and circulate their draft ruling, after which point Nick figured that they'd already formed their opinion and his brief wouldn't influence them.
 

AnOminous

i will eat your fucking soul
True & Honest Fan
Retired Staff
kiwifarms.net
He tried to rewrite and refile it as a brief on behalf of himself, but by that point the court was standing firm on "you're a lawyer, but you're not a lawyer in Texas, so get sworn in pro hac vice or go away."
I'm pretty sure they would have refused to consider it anyway on general principle, at least if any parties had objected to it, but having technical deficiencies that justified refusing it preemptively more or less guaranteed that was going to happen. I have no real gripe about any of the actual contents. Nick was actually right about the legal argument part of it, at least imo, but it's the kind of routine legal argument that should have been made by Ty.

It at least has the appearance of potentially being an attempt by one side to sneak in some legal verbiage at the last minute that the other side can't respond to. I don't think it actually was that. I think Nick just saw some oversight in the pleadings and wanted to jump in. But that's not really what an amicus brief is for.
 
Top