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

Apteryx Owenii

formerly a jerkop, wants to avoid merge
True & Honest Fan
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Frankly at this point I half expect it to go the the Texas Supreme Court regardless. With the amount of bullshit this case is generating, it seems likely it'll end up managing involve some issue or another that the court wouldn't mind getting an opportunity to address and set a precedent for.
Appeals court is supposed to deal with the bullshit while the high court deals with the broader stuff like (state) Constitutional questions. Sometimes the more bullshit is in the way the harder it is to do that.
 

AnOminous

I'm not mad at anyone, honest.
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Retired Staff
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Frankly at this point I half expect it to go the the Texas Supreme Court regardless. With the amount of bullshit this case is generating, it seems likely it'll end up managing involve some issue or another that the court wouldn't mind getting an opportunity to address and set a precedent for.
I'd be frankly amazed if at least one cert. petition isn't filed, and not surprised at all if both parties file one, and barely surprised if TSC hears at least one issue.
 

TexOffender

Whatever happens, happens
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RodgerDodger

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I think he didn't give a shit about this particular case getting appealed. I don't think Chupp is dumb, he's just lazy. Throwing everything out sounds like intentionally trying to get a cleaned cause back from the appeals court, instead of trying to figure out complicated burden-shifting and multiple standards of evidence and the 5 step process, etc.

If he already chose "kill it all and let COA sort it out", there's no reason to get upset about an appeal.

(To be fair, it took multiple Nick streams and months of KF autism before we understood WTF was supposed to happen on TCPA. Chupp didn't have a nice easy explanation to learn about the process; he had the defense's spergery, and BHBH's arguments weren't laid out in "TCPA For Dummies" fashion. I fault Ty for that more than for the evidence binder nonsense.)
It's not even simply laziness. This is the Law of unintended consequences of bad law at work. The Texas TCPA really is an awful law (I know @An0minous sees positives in it. But as a matter of public policy I find it to be an abomination in all regards) I don't even know that we can call Chupp Lazy, because the sad truth is tossing everything and letting the Appeals Court tell him which parts of this, or any mess he must deal with is quite frankly from the trial courts position not simply the easiest path, but the only sane one. The Appeals in the pile of shit that are TCPA are so baked in that they are going to happen anyway. So the Judge can either dismiss the TCPA and deal with the interlocutory appeals, toss parts and deal with an even bigger mess, or toss it all, clear his calendar until the next court licks it back to him in a cleaner form, with the possibility that it doesn't come back at all. Yeah human nature takes over. Chupp knew he was going to do this all along. Remember "I'll see you all back here in a few months"? This is a law that literally encourages bad behavior in Judges because it is so much cleaner from their point of view than any alternative. There is no reason for a Trial Judge not to toss everything and let the appeals court work it out. The system is so distorted that that becomes the most productive option for the Judge. This is why Chupp didn't bother giving any reason in his opinions. The Law has created unintended consequences among the Judges.
 
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AnOminous

I'm not mad at anyone, honest.
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Retired Staff
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Can Chupp remove an appeal? I would think that would be a fairly obvious conflict of interest.
I don't believe he even actually said that. I think a big dummy is being big and dumb. The general concept may be right, though, i.e. that he hasn't made an appealable final judgment. Somewhat cheekily, the plaintiff himself made that argument in the motion to quash (despite already having filed the appeal).
 

Much Ado About Nothing

Autism, just another service I provide
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That's actually what has been the strangest part of the whole crusade against Slatosch (sp? maybe I spelled that right). Lem pretty much spelled it out in the request for the deposition: Slatosch and Ron's testimony cannot exist in the same universe, so one of them is perjuring themselves. Why exactly would an attorney point that out unless they had really, really good evidence that their client was telling the truth? And...needless to say, I can't imagine any attorney would look at Ron and say to themselves, "Yes, this is a gentleman that people will believe is sincere and honest".

So, either he's got something, or this is another of Lemonhead's "baffle 'em with bullshit" strats.
I will admit I don't understand it either. There are a few reasons for this. One would hope that Ron shared his conversations with Slatosch with his council and not just Shane. Along with any e-mail and so on. I was looking at the e-mail exchange between Lemwah and Slatosch, and it does seem a little bit odd. As if it is missing something. They constantly claim to be getting a hold of each other but I have no idea if they actually managed to get a hold of each other or not. If that's the case, maybe Lemwah found something he said interesting and wanted it on record for whatever reason.

They keep flailing around the 'They threatened a lawsuit on this man' as some sort of flag. Yes, they did, why? He broke a contract. Why did he break a contract; Ron and Monica, who promised and claimed criminal charges were going to be filed against Vic. Because of the bad things. And that internal investigation Ron and Monica shouldn't have been that privvy to. Especially Ron.

Lemwah is working with basically 3 hours of I do not recall, which makes Ron come off as all but co-operative and honest. 1 hour of nonsense answers, some with a hint of truth to them. Add in ron perjuring himself on at least one question. So he really, really, has to get Slatsoch's image as a reliable affiant shredded. I am not sure how he will do that, since it is looking pretty bad for Ron. His own affadavits are shit and he knows it, but still keeps them in play in hopes that the judge and court won't figure it out.

The only idea I have for this is, they'd call him in for Deposition, then during depo, present some bs story about him doing bad things in one way or another, thus making him a bad person that you don't wanna listen to. Worse than a wife-beater. Something to make him unreliable in the eyes of the court and public. After all, it appears he is after destroying people's image. Like with Vic. If he is asked question by Lemwah I do hope it is before a judge, with all sides represented, and for his own safety, his own lawyer.

Actually nevermind that, looked at his e-mails again and he states what he is after.
1573304240404.png
"I would like to see your texts/emails with Nick Rekieta or Ty Beard (his firm)"
He wants that GFM man. Ty's emails and texts with Slatosch would most likely be covered under work-production privilege or client-privilege.

Way to go on the frivolous stuff. So not only harassing and accusing an affiant of a crime. No. He is still desperate for the privileged stuff. Gotta love that he tried to convince slatsoch to do this 'quietly' so they could avoid a deposition. Obtaining such items is still a no-no though isn't it?
1573305104172.png
 
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DragoonSierra

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If this was a win for Lemoine, he and T Greg would have been popping off all over Twitter by now. I think this has been sobering for them.

I don't think anyone was ever expecting anything to come of him asking if Ron ever got off twitter (at least to my knowledge). This little quip at least shows that Chupp is observant in the courtroom, even if he isn't so much when looking over the record leading up to the hearing.
Thats a good point. Theres quite a bit that went on in that first hearing that gave a lot of people, and Im willing to bet that includes Ty, the indication that Chupp was a competent judge.

That's why I'm hesitant to believe that lawsperg's account of things. Hard to hear dialogue when your head is up your ass, after all.

But seriously, if Chupp at all directed the Plaintiff to revoke his appeal, and that's on the record... whew.
I dont think a judge asking them to clear up confusion is an issue. But if he straight up told him to withdraw thats a no-no.
 
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Garm

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I will admit I don't understand it either. There are a few reasons for this. One would hope that Ron shared his conversations with Slatosch with his council and not just Shane. Along with any e-mail and so on. I was looking at the e-mail exchange between Lemwah and Slatosch, and it does seem a little bit odd. As if it is missing something. They constantly claim to be getting a hold of each other but I have no idea if they actually managed to get a hold of each other or not. If that's the case, maybe Lemwah found something he said interesting and wanted it on record for whatever reason.

They keep flailing around the 'They threatened a lawsuit on this man' as some sort of flag. Yes, they did, why? He broke a contract. Why did he break a contract; Ron and Monica, who promised and claimed criminal charges were going to be filed against Vic. Because of the bad things. And that internal investigation Ron and Monica shouldn't have been that privvy to. Especially Ron.

Lemwah is working with basically 3 hours of I do not recall, which makes Ron come off as all but co-operative and honest. 1 hour of nonsense answers, some with a hint of truth to them. Add in ron perjuring himself on at least one question. So he really, really, has to get Slatsoch's image as a reliable affiant shredded. I am not sure how he will do that, since it is looking pretty bad for Ron. His own affadavits are shit and he knows it, but still keeps them in play in hopes that the judge and court won't figure it out.

The only idea I have for this is, they'd call him in for Deposition, then during depo, present some bs story about him doing bad things in one way or another, thus making him a bad person that you don't wanna listen to. Worse than a wife-beater. Something to make him unreliable in the eyes of the court and public. After all, it appears he is after destroying people's image. Like with Vic. If he is asked question by Lemwah I do hope it is before a judge, with all sides represented, and for his own safety, his own lawyer.

Actually nevermind that, looked at his e-mails again and he states what he is after.
View attachment 1003291
"I would like to see your texts/emails with Nick Rekieta or Ty Beard (his firm)"
He wants that GFM man. Ty's emails and texts with Slatosch would most likely be covered under work-production privilege or client-privilege.

Way to go on the frivolous stuff. So not only harassing and accusing an affiant of a crime. No. He is still desperate for the privileged stuff.
I figure this was more Ron trying to push his advantage, thinking "The judge is sympathetic to our cause." Lemoine is unethical enough to give it a shot.

As I explained elsewhere, Lemoine probably misrepresented what was going on, "this is just normal court stuff", Slatosch went along with it til he talked to a lawyer.

Or Slatosch was trolling Lemoine because it was obvious that Lemoine was in unethical territory.

This was a hail Mary legal maneuver because Lemoine knows that he doesn't have a case. And Chupp has shown that whatever cards Lemoine still has are going to be useless. (I could see Lemoine attempting to depose Huber. Playing for Time and drive up costs.)

All of this was to intimidate Slatosch into backing down. There can't be a court record of Monica being a bitch to convention owners.
 

SpiralStars

kiwifarms.net
Wouldn't the purpose of 'public figure' status to say this person is so famous, people regularly talk shit and bullshit about them and people generally don't take it seriously.

Any other purpose escapes me.

Seems what was said was taken seriously and had some real world consequences. I know that is not the law but I what I expect it was meant to be. For example if the defamation comes from co-workers and employer and not some gossip rag or site, seems should matter. So PF could be a defense for Hanleah or even ArmzGurl but not Monica, Marchi or Funi. Ron would be nebulous.
 

mindlessobserver

kiwifarms.net
Why is Chupp seeming to believe everything he is doing is going to be reversed on appeal? This is the weirdest part of it for me. If he actually thinks that why is he making those decisions in the first place?
 

HighwayStar

kiwifarms.net
Why is Chupp seeming to believe everything he is doing is going to be reversed on appeal? This is the weirdest part of it for me. If he actually thinks that why is he making those decisions in the first place?
Because I think he knows he fucked up. Why else do you think he ordered that mediation after the hearing and then subsequently told Jamie's attorney that Jamie could be back within a couple of months? Maybe if he had done his fucking job as judge and read both binders instead of one, this mess probably wouldn't be happening.
 

Kosher Salt

(((NaCl)))
kiwifarms.net
Why is Chupp seeming to believe everything he is doing is going to be reversed on appeal? This is the weirdest part of it for me. If he actually thinks that why is he making those decisions in the first place?
From a cynical point of view, it was virtually 100% certain to get appealed either way... dismissing everything and letting the appeals court deal with it sooner rather than later might actually be the most judicious and expeditious path forward, even if the case has merit.

Sucks to be the plaintiff if that's the case, because it just drives up the cost of lawsuits, but that's just how the TCPA rolls, apparently.
 

MCG_Raven

kiwifarms.net
From a cynical point of view, it was virtually 100% certain to get appealed either way... dismissing everything and letting the appeals court deal with it sooner rather than later might actually be the most judicious and expeditious path forward, even if the case has merit.

Sucks to be the plaintiff if that's the case, because it just drives up the cost of lawsuits, but that's just how the TCPA rolls, apparently.
i mean it always sucks to be a plaintiff in court. You've already been wronged and now you rely on third party judgement to tell you if you actually were wronged. That sounds stressful as fuck
 

AnIncredibleDerp

kiwifarms.net
Yes, and it was after the early motions that Lemoine hopped on and started his shit-flinging obfuscation strategy. I think Ty fell into a similar trap as we did here on KF, the belief that Lemoine would eventually get slapped down for being an obnoxious idiot and the clear TCPA case would continue along (except for Marchi).
Marchi claimed that he assaulted her in public, and yet there's a video of her doing a fake makeout with Vic, in front of fans, that SHE initiated, hiding behind a hand fan. How this is not evidence of actual malice (She's claiming he did something to her. This should be at least very clear prima facie evidence that she didn't really believe it) I don't know.
 

Kosher Salt

(((NaCl)))
kiwifarms.net
Marchi claimed that he assaulted her in public, and yet there's a video of her doing a fake makeout with Vic, in front of fans, that SHE initiated, hiding behind a hand fan. How this is not evidence of actual malice (She's claiming he did something to her. This should be at least very clear prima facie evidence that she didn't really believe it) I don't know.
Prima facie evidence of actual malice should actually be even simpler than that. Deliberately misrepresenting events to which you were a firsthand witness pretty much automatically fits the bill for actual malice. If her story didn't happen, then she's lying and she has to know it because she was there. The alternative is that her memory was faulty but it was just an innocent mistake... and who's going to buy that?

The difference between what Vic claims to remember - "she came up and hugged me, then I touched her hair and commented oh I really love your hair!" - and what Jamie remembers - "he grabbed my hair and pulled it and whispered something sexual in my ear" - is simply too much to chalk up to them having different perspectives. One of them is lying.
 
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