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NEWS: Monica Rial, Ron Toye, Jamie Marchi, Funimation File Motion to Dismiss Vic Mignogna's Appeal

Ryuji-Dono wrote:

He just doesn't know when to quit, does he?

Nothing to lose at this point.

But this appeal should be laughed out of court.

Aresef wrote:

Ryuji-Dono wrote: He just doesn't know when to quit, does he? Nothing to lose at this point. But this appeal should be laughed out of court.

Plenty to lose actually. Because every motion, every affidavit, represents billable hours. For four different legal teams. All of whom Vic is responsible for paying.

The longer the case goes, the higher those four meters go up.

Does anyone know enough about Texas law to know if the sanctions go to the state or to the defendants?

While it is probably a "Hail Mary" pass and we all already know how it is probably going to turn out; there is always the chance to get a crazy ruling from a judge. The appeal will probably be denied, but judges have been know to make decisions that will make 'jaws drop' and people to pull their hair out violently.

This is not a mistake by the lawyer, it is his most minimum duty. Just like the lottery, if you don't play you have zero chance of winning. An appeal in this particular case, may be close to zero success, but that is not quite zero. Vic's lawyer is rolling the dice, which is way better than not having any dice to roll.

TarsTarkas wrote:

While it is probably a "Hail Mary" pass and we all already know how it is probably going to turn out; there is always the chance to get a crazy ruling from a judge. The appeal will probably be denied, but judges have been know to make decisions that will make 'jaws drop' and people to pull their hair out violently. This is not a mistake by the lawyer, it is his most minimum duty. Just like the lottery, if you don't play you have zero chance of winning. An appeal in this particular case, may be close to zero success, but that is not quite zero. Vic's lawyer is rolling the dice, which is way better than not having any dice to roll.

It's the same judge so unless he's gone senile since the original judgements or he's been brainwashed, there's a snowball's chance in a volcano that anything positive for Vic will happen.

It feels like a an attempt in futility by Vic's lawyer to retain some sort of relevance for his profile, even if it means shooting Vic's case in the foot even further with a howitzer

Someone will be living under a bridge by the end of the year if he keeps pushing his already substantial legal bill forward. I say push it further. What can go wrong after all...

Keep in mind: "The court must also issue a fine to the plaintiff that is 'sufficient to deter the party who brought the legal action from bringing similar actions...'" The court is aware that a crowdfund was made to pay his legal fees, I suspect knowing that the fine is going to be significantly more than what's in that fund at that time, otherwise it would have no impact and lose it's meaning. I'm not sure what that fund is currently at, but this could be a significant amount.

Emerje

Rial, Toye, Marchi and Funimation have a total lack of understanding about how the federal courts work. I've been following this ever since it first began and to put it simply, none of these parties have any standi9ng to prevent an appeal from being filed.

Judge Chupp dismissed all claims so Vic Mignogna absolutely has the right to appeal to the federal courts regarding Judge Chupp's decision. The thing everyone keeps forgetting is that a lower court cannot prevent anybody from filing an appeal. That is beyond the ability of the lower court. This is akin to a district court telling someone who believes they have been falsely accused or rape or murder (which happens often) that they cannot file an appeal. The lower courts do not have the authority to do that.

When someone files an appeal, they file their appeal with the federal court system, not the lower court system which includes the circuit, district and civil courts. These three (lower) courts have no jurisdiction over what someone can or can't do if they decide to appeal. The only jurisdiction that the lower courts have is if a plaintiff or defendant asks the lower court judge to reconsider.

Rial, Toye, Marchi and Funimation are asking Judge Chupp to prevent Mignogna from filing an appeal and I hate to say this but Judge Chupp has no authority to prevent that from happening. That would be depriving Vic Mignogna of his due process in the courts.

Look at this on the flip side, say Mignogna won, and Chupp found Rial, Marchi and company liable and if Mignogna asked Judge Chupp to prevent Rial and company from filing an appeal. Simply put, he's not allowed to do that because it's outside the jurisdiction of his court.

I'm not for either side but I simply don't believe either party. There is a lot that Rial, Toye and Marchi have said in court that just don't make sense and they don't back up their claims with proof (evidence) and all they have presented the court with is heresay evidence. I think both sides are guilty from turning this into the cluster-cluck that it has become.

No matter how this eventually turns out, this whole mess has permanently damaged the anime industry and Funimation's reputation has been damaged in the process.

Rial, Toye, Marchi and Funimation have a total lack of understanding about how the federal courts work. I've been following this ever since it first began and to put it simply, none of these parties have any standi9ng to prevent an appeal from being filed.

Judge Chupp dismissed all claims so Vic Mignogna absolutely has the right to appeal to the federal courts regarding Judge Chupp's decision. The thing everyone keeps forgetting is that a lower court cannot prevent anybody from filing an appeal. That is beyond the ability of the lower court. This is akin to a district court telling someone who believes they have been falsely accused or rape or murder (which happens often) that they cannot file an appeal. The lower courts do not have the authority to do that.

When someone files an appeal, they file their appeal with the federal court system, not the lower court system which includes the circuit, district and civil courts. These three (lower) courts have no jurisdiction over what someone can or can't do if they decide to appeal. The only jurisdiction that the lower courts have is if a plaintiff or defendant asks the lower court judge to reconsider.

Rial, Toye, Marchi and Funimation are asking Judge Chupp to prevent Mignogna from filing an appeal and I hate to say this but Judge Chupp has no authority to prevent that from happening. That would be depriving Vic Mignogna of his due process in the courts.

Look at this on the flip side, say Mignogna won, and Chupp found Rial, Marchi and company liable and if Mignogna asked Judge Chupp to prevent Rial and company from filing an appeal. Simply put, he's not allowed to do that because it's outside the jurisdiction of his court.

I'm not for either side but I simply don't believe either party. There is a lot that Rial, Toye and Marchi have said in court that just don't make sense and they don't back up their claims with proof (evidence) and all they have presented the court with is heresay evidence. I think both sides are guilty from turning this into the cluster-cluck that it has become.

No matter how this eventually turns out, this whole mess has permanently damaged the anime industry and Funimation's reputation has been damaged in the process.

No matter how this eventually turns out, this whole mess has permanently damaged the anime industry and Funimation's reputation has been damaged in the process.

Rial, Toye, Marchi and Funimation have a total lack of understanding about how the federal courts work. I've been following this ever since it first began and to put it simply, none of these parties have any standi9ng to prevent an appeal from being filed.

Judge Chupp dismissed all claims so Vic Mignogna absolutely has the right to appeal to the federal courts regarding Judge Chupp's decision.

When someone files an appeal, they file their appeal with the federal court system, not the lower court system which includes the circuit, district and civil courts.

Rial, Toye, Marchi and Funimation are asking Judge Chupp to prevent Mignogna from filing an appeal and I hate to say this but Judge Chupp has no authority to prevent that from happening. That would be depriving Vic Mignogna of his due process in the courts.

I'm not for either side but I simply don't believe either party. There is a lot that Rial, Toye and Marchi have said in court that just don't make sense and they don't back up their claims with proof (evidence) and all they have presented the court with is heresay evidence. I think both sides are guilty from turning this into the cluster-cluck that it has become.

No matter how this eventually turns out, this whole mess has permanently damaged the anime industry and Funimation's reputation has been damaged in the process.