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Protome

Member
Oct 27, 2017
15,677
Interesting, LawTwitter seemed somewhat cagey about whether the Slatosch deposition would get approved or not so it's not too surprising that it didn't.
 

Man God

Member
Oct 25, 2017
38,301
I have been following this case because it's thrilling. I never heard of Vic until about halfway through this whole ordeal and got curious enough to peek in.

Couple of things that got my attention.

1. If you're a hardcore anime fan, delusional enough to pick the wrong side in an obvious mismatch, why would you be watching dubs in the first place?
2. Does anyone remember that video game case that Phisheep (I think) covered really well at the old palace? Did he ever sign up here? And what was that case about? I forgot the game/topic/subject. Might have been the PHD dude...

There's clearly a large contingent of MRA/Gamergate scum who latched onto this considering how the early days of this nonsense were filled with talks about how "Vic is Dragonball" when Broly is a movie side character, albeit a popular one. The real crazy Vic fans are those that mainly remember him for being Ed Elric in FMA, the role he used to form the basis of his fan club/cult of personality. You're absolutely right that a lot of the typical crossover of anime fans who also don't respect women and would be in Vic's corner are by and large a bunch of weeaboos who complain about muh censorship and original authorial intent.

But yes, this is very similar in a lot of ways to the Edge name squatting once upon a time. It's why Soul Calibur isn't Soul Edge 2.
 

MechaX

Member
Oct 27, 2017
5,040
Yeah I can see the Judge not wanting Ty to be forced to take the stand unless an absolute last resort. Not only can it open the door to ethic rule headaches, but it would make the case even more bogged down in litigation than it already is.

other than that, seems like just standard litigation stuff right down to the Judge being like "you made shit needlessly more complicated because of your early appeal, fix this shit now unless you want to waste even more of everyone's time"
 
Nov 3, 2017
2,223
It speaks to my own arrogance to think it would end in any other way, but it was still disappointing to see the usual response from Vic-stans when you post peer reviewed studies and other formal sources about the actual rates of false sexual assault reports and the systemic and cultural barriers that disincentive women from reporting.
 

Linkura

Member
Oct 25, 2017
19,943
Tim Langdell....

T05IWK.gif
 

MechaX

Member
Oct 27, 2017
5,040
Dunford with expanded thoughts on the hearing yesterday based on clarifying info from Sean Hassan.



His explanation sums it up. To abridge it even more, the problem here is that no one is 100% sure who actually has jurisdiction (the ability to decide anything) on the case right now; Judge Chupp, or the Appellate Court. There is a 99% chance that Judge Chupp still has jurisdiction and can proceed with his stuff, so the new defense attorney can fix this by dropping his appeal, and then appealing again (properly) after Chupp's final order. There is a 1% chance that the appellate court now has jurisdiction of the case and Chupp can't do anything, even if the Appellate Court is going to say "you did this too early" and kick it back to the lower court to Chupp. A court cannot make decisions directly affecting a case if it never had jurisdiction in the first place.

The catch is that in that 1% scenario, if the defense drops the appeal now, you typically can't get two bites at the apple (making corrections to a filed motion is one thing, but if you flat out drop/withdraw/etc your valid appeal, most courts will not let you re-file). On the other hand, if Chupp proceeds and the Appellate Court later tells him "sorry we had jurisdiction for these few weeks" and kicks it back down, Chupp not only has to redo everything after the appeal was filed because he technically never had the power to do anything once that appeal was filed, but guess who's going to knock on Vig's door for even more fees for having to deal with this?

It's one of those situations where local court rules and statutes probably haven't accounted for an attorney doing something really, really dumb
 

Katten

Member
Oct 27, 2017
2,499
His explanation sums it up. To abridge it even more, the problem here is that no one is 100% sure who actually has jurisdiction (the ability to decide anything) on the case right now; Judge Chupp, or the Appellate Court. There is a 99% chance that Judge Chupp still has jurisdiction and can proceed with his stuff, so the new defense attorney can fix this by dropping his appeal, and then appealing again (properly) after Chupp's final order. There is a 1% chance that the appellate court now has jurisdiction of the case and Chupp can't do anything, even if the Appellate Court is going to say "you did this too early" and kick it back to the lower court to Chupp. A court cannot make decisions directly affecting a case if it never had jurisdiction in the first place.

The catch is that in that 1% scenario, if the defense drops the appeal now, you typically can't get two bites at the apple (making corrections to a filed motion is one thing, but if you flat out drop/withdraw/etc your valid appeal, most courts will not let you re-file). On the other hand, if Chupp proceeds and the Appellate Court later tells him "sorry we had jurisdiction for these few weeks" and kicks it back down, Chupp not only has to redo everything after the appeal was filed because he technically never had the power to do anything once that appeal was filed, but guess who's going to knock on Vig's door for even more fees for having to deal with this?

It's one of those situations where local court rules and statutes probably haven't accounted for an attorney doing something really, really dumb

Great explanation, thank you!

Edit: Still amazed that people will ignore explanations from people who know wtf they are talking about, and instead say stuff like "he dismissed with prejudice, meaning he knew he was biased!"
 
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Yagi di Hoshi

Member
Oct 25, 2017
2,263
United States
Talk about a mess. BTW has any of Vic supporters are looking to help Vic with this bill or have they all left him?
Legoshi Beastars, YES! (Aww shoot tho, this person got banned)

That series is coming to Netflix soon, and may likely have a dub too.
A bit of a shame Vig had to be part of both Baki's dub (written by Beastars' author's father) and JoJo in the last year...blehhっ
 

zulux21

Member
Oct 25, 2017
20,347
Now, that is a coincidence haha


I love last week, and typically wait to watch this with my SO but sat down and watched this right now. This was great, though the really depressing part of this is that it seems like if Vic had wanted to he could have filed the lawsuit from West Virginia even though he nor the defendants live there and while the case likely would have played out basically the same the defendants would have been out all their legal fees.

I did keep hoping that he would take a minute to talk about Vic as an example of how antislapp is supposed to work though :(
 

Deleted member 3812

User requested account closure
Banned
Oct 25, 2017
8,821
Well, let's hope the Texas Court of Appeals handling Vic's appeal receives no payment by November 14th. Here's a letter that was uploaded into the Google Drive I have bookmarked and there's a link to this Google Drive I posted in this thread a while back stating that if the Court of Appeals receives no payment by November 14th, the appeal will be dismissed:


RE: Court of Appeals Number: 02-19-00394-CV
Trial Court Case Number: 141-307474-19

Style: Victor Mignogna
v.
Funimation Productions, LLC, Jamie Marchi, Monica Rial, and Ronald Toye

The trial court clerk responsible for preparing the record in this appeal has
informed this court that payment arrangements have not been made to pay for the
clerk's record. See Tex. R. App. P. 35.3(a)(2).

Accordingly, we will dismiss your appeal for want of prosecution unless, by
Thursday, November 14, 2019, you make arrangements to pay for the clerk's record
and provide this court with proof of payment. See Tex. R. App. P. 37.3(b).
 

Katten

Member
Oct 27, 2017
2,499
Well, let's hope the Texas Court of Appeals handling Vic's appeal receives no payment by November 14th. Here's a letter that was uploaded into the Google Drive I have bookmarked and there's a link to this Google Drive I posted in this thread a while back stating that if the Court of Appeals receives no payment by November 14th, the appeal will be dismissed:


Was covered a few pages ago.
 

Katten

Member
Oct 27, 2017
2,499
and on top of that I think everyone is now expecting it to be withdrawn anyway subsequent to the hearing last week.

I don't know what I am expecting anymore. I used to go by "Ty can't really be that stupid? He has to do [insert less than dumbest choice]" but have realized that, no, he will do the dumbest thing imaginable.

But with extra council, and Vig + Ty called to the stand on the 21st, I am finally thinking that they might choose the second but dumbest choice next time.

But then again, I do put too much faith in people very often. So I am sure I will be proven wrong.
 

Famassu

Member
Oct 27, 2017
9,186
Does this mention the case?
No, mostly talks about the same coal mine owning douchebag that they've done a segment previously that ultimately lead to Oliver/HBO being sued by a SLAPP case that they finally won somewhat recently. Also mentions other cases but most (if not all) of those are also related to the same shitstain of humanity.
 

Deleted member 24149

Oct 29, 2017
2,150
No, mostly talks about the same coal mine owning douchebag that they've done a segment previously that ultimately lead to Oliver/HBO being sued by a SLAPP case that they finally won somewhat recently. Also mentions other cases but most (if not all) of those are also related to the same shitstain of humanity.
From what I remember they didn't win. They withdrew the lawsuit from West Virginia because of an impeachment that happened.


West Virginia doesn't have a SLAPP law that helps prevent litigious lawsuits.
 

zulux21

Member
Oct 25, 2017
20,347
From what I remember they didn't win. They withdrew the lawsuit from West Virginia because of an impeachment that happened.


West Virginia doesn't have a SLAPP law that helps prevent litigious lawsuits.
WV doesn't have an anti slapp law so they couldn't recover fees. It doesn't make it not a SLAPP lawsuit though.
they did however win, and then it was appealed and then because Bob's company is going under and they couldn't afford to bleed money anymore they withdrew the appeal. They didn't withdraw because of the impeachment instead their lawsuit kind of got stalled out for a year because of it.

it's all in the video.
 

Veliladon

Member
Oct 27, 2017
5,557
I feel like this protective order kind of inflames the situation. Judge Chupp seems to be doing everything he can in regards to pretending the falsely notarized affidavits don't exist and trying to get JSL to not go down that rabbit hole but Ty and crew are just blowing that rabbit hole to kingdom come trying to weasel out of any possible accountability. I'd laugh if JSL came back with some sort of zinger based on the crime-fraud exception and the fraudulent notarization.
 

devSin

Member
Oct 27, 2017
6,194
If he granted the order for Slatosch, he's going to grant the one for Beard.

It looks like this new firm is quickly trying to extricate everyone from this situation. I'd be surprised to see an appeal at this rate (unless the sanctions are crazy, which is probably not likely given the new ruling).
 

MechaX

Member
Oct 27, 2017
5,040
This isn't really a big deal; it's just Chupp just putting what happened in last weeks hearing in a formal order. It's basically stuff we already knew just based on what Chupp said at the hearing; 1) No to deposing Slatosch right now, but if it turns out that his testimony and documentation are needed, Defendants can re-raise that issue at the next hearing; 2) No to deposing Beard because Chupp already said he wants that to be an absolute last resort, but again, if it turns out that his testimony is needed, then the Defendants can bring that up again, and; 3) no sanctions on Lemonie because that was a dumb idea to start with

In short, Chupp probably thinks the Defendants can establish what's needed for the sanction standards even without their testimony, but he's leaving that door open just in case the next hearing goes off the rails or the Defendants can make a good case why they need Slatosch or Beard.
 
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Katten

Member
Oct 27, 2017
2,499
This isn't really a big deal; it's just Chupp just putting what happened in last weeks hearing in a formal order. It's basically stuff we already knew just based on what Chupp said at the hearing; 1) No to deposing Slatosch right now, but if it turns out that his testimony and documentation are needed, Defendants can re-raise that issue at the next hearing; 2) No to deposing Beard because Chupp already said he wants that to be an absolute last resort, but again, if it turns out that his testimony is needed, then the Defendants can bring that up again, and; 3) no sanctions on Lemonie because that was a dumb idea to start with

In short, Chupp probably thinks the Defendants can establish what's needed for the sanction standards even without their testimony, but he's leaving that door open just in case the next hearing goes off the rails or the Defendants can make a good case why they need Slatosch or Beard.

Thanks for the summary. English isn't my first language, so some of these documents finer points seem to go straight over my head. So many little turns of phrases and words that suddenly have a slightly different meaning (or I guess a clearly legally defined one I just have no clue about) in legalese.
 

Slayven

Never read a comic in his life
Moderator
Oct 25, 2017
93,043
It's amazing how this has totally backfired on them, like it is almost worse cause scenario