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

AnOminous

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They keep mentioning the Nature of Parole evidence rules.
Parol evidence means you can't introduce verbal evidence extraneous to a written contract to add terms or conditions to it, with few exceptions. Eliminating arguments about what the contract is is why you have a written contract in the first place. That doesn't mean there's no such thing as an oral contract, and the idea there isn't is a layman's fallacy based on the usual difficulty of establishing one.

It's embarrassing to see a lawyer confused by the concept when there are numerous, famous cases of oral contracts in the very jurisdiction the lawsuit's in.
 

Reverend

Avatar of Change
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It's embarrassing to see a lawyer confused by the concept when there are numerous, famous cases of oral contracts in the very jurisdiction the lawsuit's in.
It's twitter lawyers. What do you expect from someone who has more time tweeting than doing actual work on actual cases making actual money. They suck at business because they'd rather have Internet +1's than actual clients with $$$. No clout chasing twittard is going to goto any of these lolawyers cause twitards don't have jobs either.
 

Immortal Technique

©™
kiwifarms.net
Not young enough. Need younger. The older a judge is the more behind the law they are.

I want a Gen Z judge on my twitter defamation case is what i'm saying.
There is something to be said about experience though. That big case of his that was overturned occurred during his 1st year on the bench.
 

Gehenna

With every step, my Autism grows.
kiwifarms.net
Did y’all watch Nick’s stream last night? I want to know more about this binder.

Ty’s biggest problem was the judge wanted specifics, if he refused to look at those specifics...

I’m wondering when he refused it though, I didn’t catch that exchange at the hearing.
Well, that would provide a good fodder for reconsideration.

Especially given that Ty eventually seemed to pivot at the end and figure out what the judge wanted. Is a good sign for him being able to draft a letter that better portrays the evidence.
 

2lolis1cup

Made you imagine it
kiwifarms.net
Chupp was originally appointed by Rick Perry to fill a vacancy. While judges are elected in Texas, once you're in, you're usually there for good.
Elections for local judges are a joke. On my local ballet it was just a list of every judge with a mark next to their name if you wanted to re-elect them.

I do however believe that there shouldn't be an unelected judge. I get the reasons claimed by appointed positions, but the core support for that reason is a lie. Judges and especially Supreme Court judges are political appointments. They alter our politics is dramatic ways and have more power than almost every elected officials.

The one thing you can always count on is that judicial reform will happen at such a slow pace, it will be mistaken as never occurring.
 

RogerSmith77

kiwifarms.net
Did y’all watch Nick’s stream last night? I want to know more about this binder.

Ty’s biggest problem was the judge wanted specifics, if he refused to look at those specifics...

I’m wondering when he refused it though, I didn’t catch that exchange at the hearing.
If Ty had this binder with all of the evidence in it, why didn't he make a fuss over it when the judge was accusing him of having no evidence?
 
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LL 196

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kiwifarms.net
He isn't now, but he made judge at 37 years old in 2009.
Chupp is an elected official whose been running unopposed. In theory, he can be as young as the minimum age to hold that public office. There's not even a requirement to hold any legal expertise, but there aren't many people with the balls to run for a judge's position while knowing nothing about the law.
 
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AnOminous

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Elections for local judges are a joke. On my local ballet it was just a list of every judge with a mark next to their name if you wanted to re-elect them.
That's a retention vote. It is barely worth bothering having these.

I do however believe that there shouldn't be an unelected judge. I get the reasons claimed by appointed positions, but the core support for that reason is a lie. Judges and especially Supreme Court judges are political appointments. They alter our politics is dramatic ways and have more power than almost every elected officials.
I think the exact opposite and this judge is elected. He isn't a great example of the wonders waiting for us if we start electing judges across the board.
 

Gehenna

With every step, my Autism grows.
kiwifarms.net
If Ty had this binder with all of the evidence in it, why didn't he make a fuss over it when the judge was accusing him of having no evidence?
Nick covers this, he didn't want to rock the boat and risk antagonizing the judge. At some point around the 2/3rds point is when beard apparently hit "Fuck it" mode and started really arguing with the judge.
 

A Humble Ewok

I'm much more humble than you would understand.
kiwifarms.net
That's a retention vote. It is barely worth bothering having these.



I think the exact opposite and this judge is elected. He isn't a great example of the wonders waiting for us if we start electing judges across the board.
Last time I voted for Judges, I just wrote in members of the Justice League because I'm just that clueless when it comes to choosing judges.
I can see the unintended consequences of that.
"Just got out of court! Defendant is totally guilty and I need to clap back against his defense #caseclosed #hesguilty #objection 😆😆😆
"Is the prosecution ready to spill the tea?" "We're gonna need to see the receipts for that claim."
 
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Imperial Agent

kiwifarms.net
Nick covers this, he didn't want to rock the boat and risk antagonizing the judge. At some point around the 2/3rds point is when beard apparently hit "Fuck it" mode and started really arguing with the judge.
As an observer it was not clear to me Ty had a binder he was not allowed to produce (not saying it didn’t happen, only that it was either a brief/unclear conversation, or happened before the hearing started.)

I would not characterize his performance (Or Nick’s description) as “fuck it” or being antagonistic with the judge, and it would have been stupid to do so.

He hit a stride later in the hearing, and seemed to be getting a feel for how to best respond to the judge’s questions.
 

Bender

I bend stuff, usually the truth.
kiwifarms.net
Both Washington State and Minnesota have thrown out anti-SLAPP statutes for doing what this appears to do, i.e. having a judge make factual determinations that plaintiffs have a constitutional right to be heard by a jury.
Ty said something about arguing the TCPA is incompatible with the Texas constitution, if I recall, since two states have thrown it out could it be possible BHBH pushes against the TCPA as being non-constitutional? And IF, and as you can see that's a pretty big if. the TCPA does get removed, could Vic retry the case since the laws have changed or would it still be held to the judgement or standard of the TCPA as it applied at the time of the filing?
 

Legioneer

kiwifarms.net
Ty said something about arguing the TCPA is incompatible with the Texas constitution, if I recall, since two states have thrown it out could it be possible BHBH pushes against the TCPA as being non-constitutional? And IF, and as you can see that's a pretty big if. the TCPA does get removed, could Vic retry the case since the laws have changed or would it still be held to the judgement or standard of the TCPA as it applied at the time of the filing?
It seems to me that it will be very difficult for him to prove that in this case his constitutional rights were violated because of TCPA, because judge Chupp simply violated the procedure.
 
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