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

AnOminous

I'm not mad at anyone, honest.
True & Honest Fan
Retired Staff
kiwifarms.net
EDIT: I suppose it seems worth repeating; It doesn't look like any of us are actually disagreeing with each other (aside from potentially the minor disagreement on application of Erie). I made a point of clarification for informational purposes because this thread is also populated by users who have a less firm understanding of how binding authority works in State vs Fed level.
My general point is that the precedents of the Supreme Court, unlike any other court, are by definition binding on any court in the land, because any court's decision, ultimately, can be appealed to the Supreme Court. This isn't the case with any other federal court. A District Court's opinion, therefore, on state law cases can be outright ignored by a state court. It has no binding precedential authority.

The decision of the Supreme Court would be binding on the Texas Supreme Court and its own inferior courts, because it can be appealed there. You aren't going to see many decisions on state law because its appellate jurisdiction doesn't allow it to rule on state court interpretations of state law with no contradiction with federal or U.S. constitutional law. If you did, though, possibly through an exercise of the Court's original (as opposed to appellate) jurisdiction, it would still be applicable.

Specifically, though, Article III provides: "In all other Cases before mentioned, the Supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make." Even SCOTUS could overrule a state court decision on state law based on fact, at least within its constitutional limits (Congress can limit its appellate but not original jurisdiction). This is vastly limited in jury cases by the Seventh Amendment but that's a different issue.
 

VicMontana

kiwifarms.net
Jenga with nerf guns?
No I just thought it was always odd that Bush left Florida and instead of going straight to Offut aka the Nuclear hardened command center, he went to Barksdale for a few hours then went to Offut. It just happened to be a coincidence that Barksdale was the only US base prepared ,security wise, for 9/11. The base had "a shitload of planes fully loaded with nukes ready to go" on that day due to being in the middle of a nuclear exercise. So Bush went to Barksdale till Offut got their security up to snuff. I mean its nothing fancy just a curious little puzzle I was working on.
 

TUGSTAN

kiwifarms.net
Support for the Appeals has come from an unexpected source:
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Who knew Tarik read the Farms?

FYI, @allahliker is Tarik Fouad Ajami a lawyer from New York. https://kiwifarms.net/threads/gamergate-hanger-ons.33024/post-2720444
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More support from Tarik's friends who do a legal podcast with him:
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Tarik's podcast:
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The dirtbag left and kiwfarms, brothers-in-arms.
 
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Tranny Dick Noballs

Seedless grapes!
kiwifarms.net
How has Judge John P. Chupp escaped his own thread here? Would it not be in our best interest to celebrate one of the greatest legal minds in Texas? I want to know, does Judge Chupp own a shotgun? Has he ever munched on a burrito while playing Halo? I mean Chubb is a fairly young fellow... Maybe the reason he barely did work on this case is because he was far too busy playing Red Dead Redemption 2?

Does he watch Netflix in his underpants? Is his wife a cougar? Does he like my little Pony? These are the kind of revelations that I desire, and more importantly, can we get Chupp re-elected? He ran unopposed in 2014! But will he be so lucky during the next round?
 

Sheryl Nome

Listen to my song
kiwifarms.net
How has Judge John P. Chupp escaped his own thread here? Would it not be in our best interest to celebrate one of the greatest legal minds in Texas? I want to know, does Judge Chupp own a shotgun? Has he ever munched on a burrito while playing Halo? I mean Chubb is a fairly young fellow... Maybe the reason he barely did work on this case is because he was far too busy playing Red Dead Redemption 2?

Does he watch Netflix in his underpants? Is his wife a cougar? Does he like my little Pony? These are the kind of revelations that I desire, and more importantly, can we get Chupp re-elected? He ran unopposed in 2014! But will he be so lucky during the next round?
Because Chupp isn't very interesting. He's just a lazy judge. Thats not a lolcow
 

AnOminous

I'm not mad at anyone, honest.
True & Honest Fan
Retired Staff
kiwifarms.net
Because Chupp isn't very interesting. He's just a lazy judge. Thats not a lolcow
He has his moments, like locking his Facebook because some simpering animu autists were whinging on it, instead of just banning them and deleting their autism. He'd have to do a little more than that, though, imo.

Support for the Appeals has come from an unexpected source:
It really should be expected that lawyers can look at something as objectively bad as this opinion and ruling and just be able to recognize it as bad. This should not be a surprise and it's mainly thanks to the nitwits of law twitter that it is.

Ordinarily, defendants should be pleased as punch to be going into an appeal as the party who, below, was absolutely victorious on every single issue. Your job as appellee is simply to argue the judge below was correct, their reasoning was sound, and the appellant is simply a poor loser unwilling to accept that reality.

This opinion gives the impression that the judge couldn't care less and almost set himself up to be reversed. This is not what you want in your pocket going into an appeal. The fact the last thing the judge said on the record in a transcript, before this ridiculous ruling, was petulantly whining about being reversed on appeal, as if he knew his ruling was going to be dumb and wrong and that the dumbness and wrongness was at least in part on purpose, is even worse.
 
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Sheryl Nome

Listen to my song
kiwifarms.net
He has his moments, like locking his Facebook because some simpering animu autists were whinging on it, instead of just banning them and deleting their autism. He'd have to do a little more than that, though, imo.
Until i see some true and honest losing it, I'm not buying anything like that. Honestly locking a facebook to get away from spergs seems like a pretty normal boomer response even so
 

Tranny Dick Noballs

Seedless grapes!
kiwifarms.net
He has his moments, like locking his Facebook because some simpering animu autists were whinging on it, instead of just banning them and deleting their autism. He'd have to do a little more than that, though, imo.
It's a pity those ISWV cunts sperged all over his facebook feed, because we could have had some interesting revelations on Chupp. Instead, he's turtling, and all we have is a history of appeals and some pretty vanilla information about his university days. I still think there's potential for finding out that he's a furry or into black cock! I have faith in this judge! He's like a quiet lake... underneath those waters hide the soul of a furry faggot! I know it!
 

Son of Sparda 84

kiwifarms.net
Support for the Appeals has come from an unexpected source:
View attachment 962278
Who knew Tarik read the Farms?

FYI, @allahliker is Tarik Fouad Ajami a lawyer from New York. https://kiwifarms.net/threads/gamergate-hanger-ons.33024/post-2720444
View attachment 962287

More support from Tarik's friends who do a legal podcast with him:
View attachment 962286

Tarik's podcast:
View attachment 962296

The dirtbag left and kiwfarms, brothers-in-arms.
"Creepy lib lawyers dunking on this nonstop" I like these guys already
 

AnOminous

I'm not mad at anyone, honest.
True & Honest Fan
Retired Staff
kiwifarms.net
"Creepy lib lawyers dunking on this nonstop" I like these guys already
I wouldn't describe most of law twitter as creepy. Smug, supercilious, condescending, full of unwarranted self importance, but not creepy.

There's one guy, though, who screams creepy. I think they're talking specifically about deadbeat dad, swindler, and all around creepy dude Thomas Gregory Doucette, who exudes pure slime and malice.
 

Secret Asshole

Expert in things that never, ever happened
Supervisor
True & Honest Fan
kiwifarms.net
I just don't get why there's dancing in the streets. Shit gets appealed all the time. Its certainly a loss for Vic, I'm not denying that, but cases aren't over until the last appeal is exhausted.

There have been tons of cases that were tossed, appealed and won. I mean, you've got a decision that is so bad that even lawyers on the other side are saying its trash. I mean, maybe the appeals court comes to the same conclusions. If they do, hopefully it will be at least remotely more fucking coherent.

But appealing this trash decision after the trash hearing is really a no brainer.
 

The Demon Pimp of Razgriz

Still Pimpin
kiwifarms.net
I just don't get why there's dancing in the streets. Shit gets appealed all the time. Its certainly a loss for Vic, I'm not denying that, but cases aren't over until the last appeal is exhausted.

There have been tons of cases that were tossed, appealed and won. I mean, you've got a decision that is so bad that even lawyers on the other side are saying its trash. I mean, maybe the appeals court comes to the same conclusions. If they do, hopefully it will be at least remotely more fucking coherent.

But appealing this trash decision after the trash hearing is really a no brainer.
Let the idiots do their victory lap now; all the more appealing when the Appeals court overturns everything and this gets punted right back to the trial court to move forward.
 

No Man's Burrito

kiwifarms.net
Until i see some true and honest losing it, I'm not buying anything like that. Honestly locking a facebook to get away from spergs seems like a pretty normal boomer response even so
Normally, I'd agree. But, considering how much work he's willing to put into his decision, I'm thinking he's just avoiding the work of having to block people and remove their comments.
 

Kacho

Crow suddenly attacked!
kiwifarms.net
Clarence Thomas isn't fond of the doctrine and has said so, and he rarely says things, so he may be serious about it. The most recent guy on the Court has himself been subjected to some of the most scurrilous attacks imaginable. Who could possibly wonder if subjecting the people who get put on the highest court in the land for life to ruthless character assassination pretty much every time might just give them a personal interest in the matter.
Just wait until Trump replaces RBG with Barrett. It's gonna be Clarence Thomas 2.0 only she'll be a self hating woman instead of an uncle tom. Should be fun.
 

LuNaS

kiwifarms.net
In your first response to me I hadn't even cited Erie yet....

Erie is also precedent for general application of the laws of the United States, which is relevant to all cases. It's application isn't limited to simply informing application of law in federal cases. It was providing clarification about the correct interpretation of 28 U.S.C.A. § 1652.

EDIT: I suppose it seems worth repeating; It doesn't look like any of us are actually disagreeing with each other (aside from potentially the minor disagreement on application of Erie). I made a point of clarification for informational purposes because this thread is also populated by users who have a less firm understanding of how binding authority works in State vs Fed level.
On the last point I would add that there is also people that are not even from the USA who appreciate this tread explaining the intricacies of the USA legal system.
 

HTTP Error 404

kiwifarms.net
So. Thought. @AnOminous

Vic's case is dismissed with prejudice. He can't bring it back up. Assuming the worst case scenario and the appeals court drops the ball, it's done.

But we know everyone involved on the defense are fucking idiots.

If Monica, Ron, and Marchi go around performing more TI, or performing more Defamation -- i.e., they don't take the W and go goddamned radio fucking silent -- does that create new instances of TI and Defamation for a new case?

And if so, how would those new instances interface with the existing instances of TI and Defamation? Would Vic's team be able to bring up say, the Kamehacon stuff in order to show that they have a history of doing that shit, even if damages can't be shown based on the KC TI?
 

AnOminous

I'm not mad at anyone, honest.
True & Honest Fan
Retired Staff
kiwifarms.net
But we know everyone involved on the defense are fucking idiots.

If Monica, Ron, and Marchi go around performing more TI, or performing more Defamation -- i.e., they don't take the W and go goddamned radio fucking silent -- does that create new instances of TI and Defamation for a new case?
Yes. Vic might still be held to any factual findings in the Chupp case, whatever those are. It may be that the appeals court has to make them since Chupp didn't bother. He could sue them in their own counties instead to avoid Chupp specifically.
 
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