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Can Of Worms posted:From what I've heard, the only person who can actually force sanctions is Vic suing Beard for malpractice, and he's either a dumbass, doesn't care, or has been convinced by his friends that Beard is actually doing a competent job. Those options are not mutually exclusive so why not all of the above
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Jun 23, 2020 01:02
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SoftNum posted:No Vic sued them. To be clear Rial & Co. are the defendants. I suspect he thought fame and popularity would somehow let him come out the hero with a quick quashing of all these slanderous accusations from terrible women against such a fine upstanding professional voice actor beloved by many underage female fans. Instead he ran head-first into nasty things like evidence and impartial judges who don't watch Full Metal Alchemist or Dragon Ball Super.
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Jun 23, 2020 05:34
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It turns out that the Judiciary is a subs only entity.
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Jun 23, 2020 06:45
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Can Of Worms posted:From what I've heard, the only person who can actually force sanctions is Vic suing Beard for malpractice, and he's either a dumbass, doesn't care, or has been convinced by his friends that Beard is actually doing a competent job. As far as I know, to get somewhere in a malpractice suit you have to have a case that was somewhat viable. Vic doesn't really have that with the possible exception of Toye accusing him of having assaulted hundreds of women.
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Jun 23, 2020 11:09
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Neddy Seagoon posted:I suspect he thought fame and popularity would somehow let him come out the hero with a quick quashing of all these slanderous accusations from terrible women against such a fine upstanding professional voice actor beloved by many underage female fans. Instead he ran head-first into nasty things like evidence and impartial judges who don't watch Full Metal Alchemist or Dragon Ball Super. I thought it was at least partially that his army of sycophants convinced him that he could actually win. At least that’s what I remember.
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Jun 23, 2020 13:41
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Quinntan posted:As far as I know, to get somewhere in a malpractice suit you have to have a case that was somewhat viable. Vic doesn't really have that with the possible exception of Toye accusing him of having assaulted hundreds of women.
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Jun 23, 2020 17:53
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Can Of Worms posted:No, I think the only requirement is that you need to show that an average lawyer would have gotten a better outcome; Several lawyers including Doucette believe Vic could have gotten the lawsuit past the TCPA and avoided the sanction fees associated with it.
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Jun 23, 2020 17:56
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Can Of Worms posted:No, I think the only requirement is that you need to show that an average lawyer would have gotten a better outcome; Several lawyers including Doucette believe Vic could have gotten the lawsuit past the TCPA and avoided the sanction fees associated with it. Well it's probably not "average", since that would mean the below-average half of all lawyers could be successfully sued for malpractice. Review article I googled up: http://www.texasbarcle.com/Materials/Events/4214/26895_01.pdf Some highlights posted:Negligence is the failure to do that which a reasonable attorney practicing in the same locality would do, or not do, under the same circumstances. Bold mine. And the last part seems important, if I'm understanding correctly that it means this case would actually have to be winnable for there to be malpractice, not just that Mignogna could have done "better". I guess here would mean losing but burning more of the defendants' money first. I don't know that that counts as "better", legally speaking, given that the legal system doesn't present itself as a vehicle for destroying people with frivolous claims. Maybe having to pay the opposing party's costs does mean the case doesn't have to be winnable for there to be damages, I dunno. it's fun to fantasize about these assholes getting their comeuppance but I think I'll be surprised if it comes in any form but monetary costs and being snarked at by a judge. I think most problems that result in bar discipline are more along the lines of "was a sex pest to a client" or "stole tens of thousands of dollars" or "took fees but did literally nothing so the client lost their kid in the divorce settlement". I Am Not A Lawyer, no idea if this source sucks, etc
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Jun 23, 2020 19:04
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I can't speak to Texas, but in Florida legal malpractice requires the existence of an attorney client relationship, a breach of some duty, and redressable harm. The last element requires a showing that the underlying litigation would have turned differently in the hands of a different attorney. This is called a trial within a trial because the malpractice counsel has to actually prove the underlying case first before malpractice could even exist. If the underlying litigation result would have remained the same in the hands of a reasonable attorney, there is no malpractice even in the face of egregious breach.
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Jun 23, 2020 19:32
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To me the interesting question is whether the fee shifting under TCPA constitutes a redressable harm compared to losing summary judgment later on. Feels like a tough argument to make.
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Jun 23, 2020 19:42
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Soylent Pudding posted:To me the interesting question is whether the fee shifting under TCPA constitutes a redressable harm compared to losing summary judgment later on. Feels like a tough argument to make. Once again, talking Florida, but showing that a client would have only had to pay attorneys fees and not attorneys fees plus sanctions but for the bad attorney's breach would likely be sufficient. This speculative as I haven't actually looked up cases where someone was awarded sanctions and fees. Regardless the sanctions in this case are large enough that they would matter.
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Jun 23, 2020 19:52
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Mr. Nice! posted:I can't speak to Texas, but in Florida legal malpractice requires the existence of an attorney client relationship, a breach of some duty, and redressable harm. The last element requires a showing that the underlying litigation would have turned differently in the hands of a different attorney. This is called a trial within a trial because the malpractice counsel has to actually prove the underlying case first before malpractice could even exist. Can the breach of duty and/or redressable harm consist of advising a client to file an unwinnable, laughably bad lawsuit? Because if it can't, then it strikes me that there's a bit missing from Florida (and maybe/probably other states too) malpractice law.
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Jun 23, 2020 20:31
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BobHoward posted:Can the breach of duty and/or redressable harm consist of advising a client to file an unwinnable, laughably bad lawsuit? Because if it can't, then it strikes me that there's a bit missing from Florida (and maybe/probably other states too) malpractice law. That would probably fall under the blanket "Not operating in your client's best interests" part of malpractice.
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Jun 23, 2020 20:34
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BobHoward posted:Can the breach of duty and/or redressable harm consist of advising a client to file an unwinnable, laughably bad lawsuit? Because if it can't, then it strikes me that there's a bit missing from Florida (and maybe/probably other states too) malpractice law. That would take money from attorneys’ pockets so lol at it ever happening.
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Jun 23, 2020 20:35
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If anything, I would think the best argument is that Ty failed in his duty by not timely filing the second amended petition, which led to the judge ruling not to include it. Missing court deadlines is pretty textbook "how to gently caress up your client's case," but I don't know whether that alone would constitute malpractice.
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Jun 23, 2020 20:42
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tasukiscool posted:If anything, I would think the best argument is that Ty failed in his duty by not timely filing the second amended petition, which led to the judge ruling not to include it. Missing court deadlines is pretty textbook "how to gently caress up your client's case," but I don't know whether that alone would constitute malpractice. Yeah, IANAL but it seems like a reasonable attorney would file everything on time and if that contributed to the size of the sanctions then there's redress.
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Jun 23, 2020 20:47
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What about the appeal? AFAIK Beard's premature filing got them into this and it's already going to cost Vic at least 142k for something likely unwinnable from the start, or is this going to be heavily dependent on exactly how Beard advised Vic and whether Vic knew he could call it off?
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Jun 23, 2020 20:49
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tasukiscool posted:If anything, I would think the best argument is that Ty failed in his duty by not timely filing the second amended petition, which led to the judge ruling not to include it. Missing court deadlines is pretty textbook "how to gently caress up your client's case," but I don't know whether that alone would constitute malpractice. In Florida that would constitute malpractice if by filing it there would have been a change in the outcome. The malpractice attorney will have to convince a jury first that it would have materially altered the trial outcome by essentially recreating the first trial with the second amended petition included. If malpractice attorney is able to show that Vic would have still lost but he would not have to legally pay some of his losses, he has damages equal to that difference.
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Jun 23, 2020 20:51
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Wark Say posted:Wasn't it mentioned that Mignogna went to at least a couple of actual law firms, presumably staffed with average-to-competent lawyers that specialize in entertainment, saw what Vic was bringing to the table and said "NOPE!" almost immediately? I remember someone last year bringing it up. I don’t remember exactly how it went, but basically Vic went to two or three lawyer friends of his work this case and each told him clearly that it was stupid and basically unwinnable. Sometime after that is when Nick contacted him and hooked him up with Ty
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Jun 23, 2020 20:56
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Can Of Worms posted:No, I think the only requirement is that you need to show that an average lawyer would have gotten a better outcome; Several lawyers including Doucette believe Vic could have gotten the lawsuit past the TCPA and avoided the sanction fees associated with it. That there were a few claims that weren't totally dead on arrival, rather. Most of them could never make it past tcpa. Monica's hotel room story could potentially have made it past the tcpa for one, but it's almost all dead on arrival with any lawyer. Also reminder for everyone - the sanctions are pretty small. More than 90% of the money vic has been told to pay is lawyer fees because the tcpa shifts attorney fees to plaintiff if he loses.
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Jun 23, 2020 22:03
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Exercu posted:That there were a few claims that weren't totally dead on arrival, rather. Most of them could never make it past tcpa. Monica's hotel room story could potentially have made it past the tcpa for one, but it's almost all dead on arrival with any lawyer. Small != nominal. Just because they aren't the bulk of his claim doesn't mean that, at least in Florida, that he couldn't sue Percy for malpractice if they could have been avoided.
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Jun 23, 2020 22:53
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I look forward to the competing go fund mes (go funds me?) for both Vic suing Ty Beard for malpractice and for Ty Beard's defense fund.
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Jun 24, 2020 05:36
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Skwirl posted:I look forward to the competing go fund mes (go funds me?) for both Vic suing Ty Beard for malpractice and for Ty Beard's defense fund. Ty strikes me as the kind of guy who’s dumb enough to represent himself in court.
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Jun 24, 2020 06:39
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AnoHito posted:Ty strikes me as the kind of guy who’s dumb enough to represent himself in court. Didn't they start bringing in other people because the rest of the law firm realized how out of his depth he was?
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Jun 24, 2020 06:53
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quote:Bold mine. And the last part seems important, if I'm understanding correctly that it means this case would actually have to be winnable for there to be malpractice, not just that Mignogna could have done "better". Yeah, I'll have to concede on that. I thought I found some case law that showed it was possible to win a malpractice suit with a losing case, but if it existed I can no longer find it; the closest things I've found are Elizondo v. Krist (Tex. 2013) and Rogers v. Zanetti (Tex. 2017), but neither covered guaranteed losing cases. quote:(Elizondo v. Krist) The Court noted that the plaintiff’s burden is to prove the difference between the result obtained for the client and “the result that would have been obtained with competent counsel” – not necessarily the result “if the case had been tried to a final judgment.” quote:(Rogers v. Zanetti) The Texas Supreme Court has made clear that a plaintiff must provide competent proof of both elements of cause in fact—that the malpractice was “a substantial factor” in bringing about the injury and that the injury would not have occurred “but for” the malpractice.
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Jun 24, 2020 08:46
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since a lot of people only check bookmarks, you should know that our admin, lowtax, has been credibly accused of abusing his partner. https://forums.somethingawful.com/showthread.php?threadid=3928980 please do what you believe to be ethical.
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Jun 24, 2020 12:35
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Wark Say posted:Hey, no stop that! Don't you dare pin this on Nick! I'd guess something about how Beard controls the trust fund for friend-of-Vic Nick Rekieta.
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Jun 24, 2020 21:13
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Wark Say posted:Hey, no stop that! Don't you dare pin this on Nick! Beard is also a lovely chud who thinks he is a genius.
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Jun 24, 2020 22:12
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He thought they'd fold instantly and settle and when they didn't he'd already thrown the pin after supergluing his hand to a live grenade.
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Jun 25, 2020 01:41
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https://twitter.com/BettikMartin/status/1276696906425610240 So not only was the money never meant for Vic but instead Beard, Vic has no way of knowing if any of the money was ever used in his defense anyway. So we knew the thing we knew anyway, but BFL is dumb enough to admit it.
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Jun 27, 2020 12:59
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I gotta say, I'm surprised that chuds are still sinking resources into this stupid loving lawsuit. They've completely lost the zeitgeist, Vic's lawsuit to silence the conspiracy of lying harlots fell flat on its face, and failed to terrify people from going forward with metoo within the entertainment world. A whole bunch of gaming figures, from Ubisoft, to Avellone, just faced accusations. Dr Disrespect just got permabanned off twitch, and people are more concerned about what hosed up line he crossed this time. And at a micro level, that I have a personal interest in, Method Gaming just got nailed for one of its WoW streamers sexually assaulting multiple women, and a bunch of Path of Exile streamers have walked away from their contracts. And from what I can tell of the discourse, people aren't comparing it to Vic Mignogna, but to Harvey Weinstein, "how the gently caress could these authority figures allow this sicko to abuse women for years?" So the fact that Vic's lawsuit is still going is a mystery to me.
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Jun 27, 2020 15:03
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Phobophilia posted:So the fact that Vic's lawsuit is still going is a mystery to me. Honestly the only reason I think it's still going is Vic is just blithely assuming it will work out in the end because he has no clue about anything remotely legal and just nods whenever Beard and company tell him something. That he's just too dumb to give it up. Is there anything like fraud related that could happen to Beard and crew because of this, or is that wishful thinking?
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Jun 27, 2020 15:22
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At least Vic still has appearances at city name comic con Oh. Right
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Jun 27, 2020 15:27
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Alan Smithee posted:At least Vic still has appearances at city name comic con There are a handful of cons that are indeed going forward with happening this year, and he is a guest at least two of them.
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Jun 27, 2020 15:35
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Lawsuit dying because Vic catches 'Rona would be pretty hilarious
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Jun 27, 2020 18:37
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Going to a convention during a massive surge in COVID-19 cases in the USA seems like a great way to wind up in an ICU. Especially considering he is not a young man.
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Jun 27, 2020 18:47
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it would own, a lot, if vic died of covid
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Jun 27, 2020 20:19
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Takoluka posted:There are a handful of cons that are indeed going forward with happening this year, and he is a guest at least two of them.
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Jun 27, 2020 21:24
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Neddy Seagoon posted:Going to a convention during a massive surge in COVID-19 cases in the USA seems like a great way to wind up in an ICU. Especially considering he is not a young man.
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Jun 27, 2020 22:08
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OTOH, if he dies, it might be harder for his victims to get their legal costs back out of him, so he can't cough up his lungs until he coughs up the dough.
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Jun 27, 2020 22:39
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