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NEWS: Mignogna's Civil Case Against Voice Actress Jamie Marchi Dismissed


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ranran-001



Joined: 25 Oct 2018
Posts: 225
PostPosted: Mon Sep 09, 2019 4:25 pm Reply with quote
yeahreally wrote:
ranran-001 wrote:


In order for that to happen, there would need to have been enough evidence to show that any other lawyer with some competency could have won this.


"Win" in reference to this hearing is different from winning the case as a whole, though. I think a competent lawyer could have actually gotten some of these issues past the TCPA hearing stage. Just because the case in general is doomed doesn't mean he wasn't owed competent representation from his attorney.



Win as in the case as a whole. Its not good enough to get past a TCPA because there are multiple other ways a dismissal on this case could still occur. With a malpractice lawsuit, Vic would have to show how any competent lawyer could reach the jury stage of his defamation case and secure a favorable verdict. That's going to be nigh impossible for him.
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The Last Skywalker



Joined: 09 Sep 2019
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PostPosted: Mon Sep 09, 2019 5:51 pm Reply with quote
yeahreally wrote:
ranran-001 wrote:


In order for that to happen, there would need to have been enough evidence to show that any other lawyer with some competency could have won this.


"Win" in reference to this hearing is different from winning the case as a whole, though. I think a competent lawyer could have actually gotten some of these issues past the TCPA hearing stage. Just because the case in general is doomed doesn't mean he wasn't owed competent representation from his attorney.

The general weakness of the case would probably be an issue here. I am no expert but malpractice would probably involve showing clear, reversible errors that could have changed the outcome. Being a bad lawyer isn't enough.
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AntiKuro



Joined: 01 Aug 2017
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PostPosted: Mon Sep 09, 2019 6:46 pm Reply with quote
ranran-001 wrote:
yeahreally wrote:
So what are the odds of Vic suing his lawyer for malpractice due to his incompetent representation at the hearing? I think that's a much stronger suit since his defamation case was pretty much lost as soon as he was determined to be a limited public figure.


In order for that to happen, there would need to have been enough evidence to show that any other lawyer with some competency could have won this.


Do you think his lawyer admitting he wasn't paying attention to questions, and missing opportunities to show any evidence he had at the time because he was listening (but then tried to apparently show later according to Law Twitter) isn't a strong enough argument that he is incompetent?

Personally if my lawyer admitted to not paying attention to a judge then I would probably find a new lawyer, though I guess Vic would actually have to show up to know.
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yeahreally



Joined: 20 Jan 2009
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PostPosted: Mon Sep 09, 2019 7:00 pm Reply with quote
ranran-001 wrote:
Win as in the case as a whole. Its not good enough to get past a TCPA because there are multiple other ways a dismissal on this case could still occur. With a malpractice lawsuit, Vic would have to show how any competent lawyer could reach the jury stage of his defamation case and secure a favorable verdict. That's going to be nigh impossible for him.


That's surprising to me considering his lawyer allegedly committed fraud with the telephone notary thing. I thought he would be able to argue that a competent lawyer would at least save him from some of the fines imposed for losing at the TCPA stage. And I was also kinda hoping we'd get to enjoy watching them sue each other...
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Ali07



Joined: 01 Jun 2014
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Location: Victoria, Australia
PostPosted: Mon Sep 09, 2019 8:24 pm Reply with quote
#895229 wrote:
But I also believed that Vic is Naive. That he did these things but wasnt 100% aware of what he was doing. That he was being too friendly. Kinda like Louis CK. He's no Cosby or Weinstein. I was hoping that he would take the time to go on an apology tour, and own up to his past behavior and salvage his career. His accusers would have been skeptical, but I like redemption and believed there was a chance.

See, this is something (bolded) that I've never 100% seen the connection for. Many who support Vic say that he's a Christian, and because of this he was just being friendly (I'm a Christian, and I wouldn't think of touching someone's hair, unless I'm extremely close to them).

It's as if people forget that he has admitted 2 cheating/attempting to cheat on his partner. He knows what sex is, we're not dealing with someone that has no idea what types of physical contact could be viewed as sexual. Laughing

Sure, he could've been friendly with some fans/women...but not ALL of them.
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ranran-001



Joined: 25 Oct 2018
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PostPosted: Mon Sep 09, 2019 8:39 pm Reply with quote
yeahreally wrote:
ranran-001 wrote:
Win as in the case as a whole. Its not good enough to get past a TCPA because there are multiple other ways a dismissal on this case could still occur. With a malpractice lawsuit, Vic would have to show how any competent lawyer could reach the jury stage of his defamation case and secure a favorable verdict. That's going to be nigh impossible for him.


That's surprising to me considering his lawyer allegedly committed fraud with the telephone notary thing. I thought he would be able to argue that a competent lawyer would at least save him from some of the fines imposed for losing at the TCPA stage. And I was also kinda hoping we'd get to enjoy watching them sue each other...


Yeah the notary fraud would be at least a good thing to have if Vic ever tried to sue Ty for malpractice, but then the judge himself didn't immediately discard the affidavits on that basis.

Also simply losing the case on a dismissal isn't enough to be able to sue Ty. Vic would also have to demonstrate that all the evidence presented, from both plaintiff and defense could have lead to a favorable outcome for Vic IF Ty wasn't so incompetent.

That is going to be very hard to prove, especially since Vic had already been turned down by two other lawyers, both of which Vic knew for several years.


AntiKuro wrote:

Do you think his lawyer admitting he wasn't paying attention to questions, and missing opportunities to show any evidence he had at the time because he was listening (but then tried to apparently show later according to Law Twitter) isn't a strong enough argument that he is incompetent?

Personally if my lawyer admitted to not paying attention to a judge then I would probably find a new lawyer, though I guess Vic would actually have to show up to know.


It would be one more thing to add to Vic's case against Ty. But it will still have to run in to the same problems as I had said when I replied to yeahreally.

Ty had not submitted anything to the court, not even back when the discovery phase was open, that could have shown Vic had a cancelled contract (one that's are not canceled do not count). So even if Ty was on his a-game, snorted adderall, or whatever, there is no way I could see him being able to argue with the available evidence he had submitted showing TI.

Ali07 wrote:

See, this is something (bolded) that I've never 100% seen the connection for. Many who support Vic say that he's a Christian, and because of this he was just being friendly (I'm a Christian, and I wouldn't think of touching someone's hair, unless I'm extremely close to them).

It's as if people forget that he has admitted 2 cheating/attempting to cheat on his partner. He knows what sex is, we're not dealing with someone that has no idea what types of physical contact could be viewed as sexual. Laughing

Sure, he could've been friendly with some fans/women...but not ALL of them.


I really don't subscribe to the idea that Vic was naive, or did not understand anything.

A.) He propositioned two sisters for a three some. That's basically asking them to commit incest. Which is pretty much a reviled thing on just about 99.9999% of the planet.

B.) He has felt the need to address rumors about him in separate rumors panels, as well as in his own panels. If he feels like he has to address rumors about him, then to me that means he is conscious about how other people perceive his actions. He is not naive or unaware of what is going on around him, he is actively trying to maintain some control of how other people view him.
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yeahreally



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PostPosted: Mon Sep 09, 2019 10:04 pm Reply with quote
ranran-001 wrote:

I really don't subscribe to the idea that Vic was naive, or did not understand anything.


Well, he was naive and did not understand anything when choosing his lawyers. Laughing
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Dessa



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PostPosted: Mon Sep 09, 2019 11:14 pm Reply with quote
Personally I see it not as naivety, but more psychopathy, since, by his own admissions (pre-trial), he doesn't feel he did anything wrong because he doesn't see how anyone could have a problem with anything he did.
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Expias



Joined: 30 Oct 2008
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PostPosted: Mon Sep 09, 2019 11:18 pm Reply with quote
Unfortunately, poor legal representation does not constitute as legal malpractice. If you look up "how to sue a lawyer for malpractice" you'll see what was pointed out.

The biggest hurdle is being able to show that you would have likely won your case without a lawyer's negligence causing you to lose.

In Jamie Marchi's case, there was no doubt for anyone that the suit against her would be dismissed. Yes, pursuing her led to sanctions and fines but would any other lawyer have won (gone to trial and won?). As a non-lawyer, I don't know if you could count TCPA sanctions and say "well I would have avoided these sanctions". He's still the client that brought forward the case and I don't think any lawyer could have won the cases against Marchi.
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SyranoGravely



Joined: 22 Apr 2019
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PostPosted: Mon Sep 09, 2019 11:56 pm Reply with quote
Dessa wrote:
Personally I see it not as naivety, but more psychopathy, since, by his own admissions (pre-trial), he doesn't feel he did anything wrong because he doesn't see how anyone could have a problem with anything he did.


Narcissistic personality disorder has come up a number of times. Not that that gets him off the hook for any of the terrible things he's done over the decades, but he checks nearly as many boxes as the president.
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Advent_Nebula



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PostPosted: Tue Sep 10, 2019 12:34 pm Reply with quote
I am going to be very curious to read the court transcript of this case. You can not spin a court transcript, and I will be curious to see just how incompetent Ty was, and if we have a reason Vic never showed up.
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ranran-001



Joined: 25 Oct 2018
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PostPosted: Tue Sep 10, 2019 1:39 pm Reply with quote
Advent_Nebula wrote:
I am going to be very curious to read the court transcript of this case. You can not spin a court transcript, and I will be curious to see just how incompetent Ty was, and if we have a reason Vic never showed up.


Supposedly Vic was in California for an event, but I can't find anything reliable, I heard Burbank CA used, but I couldn't find any conventions that would have been scheduled that week of the trial.
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Expias



Joined: 30 Oct 2008
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PostPosted: Tue Sep 10, 2019 2:08 pm Reply with quote
ranran-001 wrote:
Advent_Nebula wrote:
I am going to be very curious to read the court transcript of this case. You can not spin a court transcript, and I will be curious to see just how incompetent Ty was, and if we have a reason Vic never showed up.


Supposedly Vic was in California for an event, but I can't find anything reliable, I heard Burbank CA used, but I couldn't find any conventions that would have been scheduled that week of the trial.


It was for a film. "When the Train Stops" for the Burbank International Film Festival. Vic was hashtagged into a post since he's in the short film "When the Train Stops". You can see the post about it on the facebook page for the short film. The link for the post is wonky af.

Basically, Lemoine (Monica Rial's and Ron Toye's attorney) subpoena'd Vic for the hearing. It was essentially done at about 5pm Texas time, 3pm California. The screening itself was around 9pm ish. It was really easy for Ty Beard to quash the motion (re: delay it) by just saying Vic had prior engagements. Instead he went for client privileges.. He essentially jumped a shark.

A lot of people don't go to court, the attorney is their representative after all, but it is strange when your reputation is on the line to not want to be there. However, Vic has shown a....an almost laissez faire attitude over it. How much money is being asked for. What the money is being spent on.
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JustinTaco



Joined: 06 Jul 2016
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PostPosted: Tue Sep 10, 2019 2:41 pm Reply with quote
ranran-001 wrote:
Supposedly Vic was in California for an event, but I can't find anything reliable, I heard Burbank CA used, but I couldn't find any conventions that would have been scheduled that week of the trial.


I think it's important to note that what happened last week was a hearing, not the actual trial. Rather than trying to split hairs, it's worth noting that Vic's case is so unbelievably poor that it's already 80% dead before it can actually reach the trial stage.

Expias wrote:
Basically, Lemoine (Monica Rial's and Ron Toye's attorney) subpoena'd Vic for the hearing. It was essentially done at about 5pm Texas time, 3pm California. The screening itself was around 9pm ish. It was really easy for Ty Beard to quash the motion (re: delay it) by just saying Vic had prior engagements. Instead he went for client privileges.. He essentially jumped a shark.

A lot of people don't go to court, the attorney is their representative after all, but it is strange when your reputation is on the line to not want to be there. However, Vic has shown a....an almost laissez faire attitude over it. How much money is being asked for. What the money is being spent on.


I suspect a lot of this is Lemoine et al's strategy, and if I'm right, they're pretty brilliant. In the very very very very unlikely case it reaches further than the next 30 days, the defense attorneys can show a pattern of the plaintiff having no investment in his own lawsuit. Missed hearings, not bothering to be coached for testimony, etc.
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Advent_Nebula



Joined: 04 Jul 2004
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Location: Colorado
PostPosted: Tue Sep 10, 2019 4:20 pm Reply with quote
ranran-001 wrote:
Advent_Nebula wrote:
I am going to be very curious to read the court transcript of this case. You can not spin a court transcript, and I will be curious to see just how incompetent Ty was, and if we have a reason Vic never showed up.


Supposedly Vic was in California for an event, but I can't find anything reliable, I heard Burbank CA used, but I couldn't find any conventions that would have been scheduled that week of the trial.


Still, not being present for this hearing, it tells a judge that you are not serious, having studied civil law, the "optional" part there to see how seriously someone is in pursuing the case.
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