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The whole point of the mediator is to sit there and explain to vic and his lawyers how much this is going to cost him if the judge dismisses them. Also, not a tx lawyer, but in my jurisdiction lawyers can and do get personally sanctioned for filing bullshit filings. Say this case was in FL, 57.105 would apply. I don’t know if TX law is similar. In FL, Ty would be responsible for half of the sanctions awarded by the judge.
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Sep 20, 2019 03:46
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The venture bros is almost entirely two people doing all the voices so you have a lot of places where one person is talking to themselves.
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Sep 21, 2019 13:29
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Bar discipline - yes. Disbarment? I dunno.
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Sep 24, 2019 13:44
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It's a shame the TCPA isn't like FL's frivolous filing statute because Beard would personally be on the hook for half of the sanctions imposed against his client.
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Sep 24, 2019 16:54
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value-brand cereal posted:Just checking, but what are the potential consequences if/when Vic loses this case? Hes gotta pay the lawyer fees for the other side, right? They aren’t potential. They’re real unless he reaches a settlement at mediation.
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Sep 26, 2019 18:39
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Wark Say posted:Wasn't the judge very un-subtly suggesting that Mignogna's team settles because, as harsh as that might be, his final verdict on dismissal is gonna be way worse? Yes. Ty Beard, though, thinks it means he’s winning.
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Sep 26, 2019 19:13
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Mediation could be done and filed in a day. It isn’t hard.
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Sep 28, 2019 19:11
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Alan Smithee posted:Was mediation actually agreed to Mediation was ordered by the judge.
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Sep 28, 2019 20:33
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Mediation could be favorable in that he might agree with some settlement with the defendants that pays them less than the judge would charge him that includes some sort of nda.
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Sep 28, 2019 23:18
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When I lived there the anime convention at the convention center down in waikiki was huge.
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Sep 29, 2019 23:41
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It could go on for two years if Vic appeals.
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Oct 3, 2019 12:02
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Fray posted:The Judge’s order gives the defendants 30 days to submit their legal costs and requests for sanctions. I wonder if they might have that prepared already, since the majority of the dismissals happened weeks ago and they had to suspect today’s result as well. They’ll should have most of it ready, but will probably take a week or two to coordinate. Also calculating the total fee award is billable and will be included.
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Oct 4, 2019 18:47
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PST posted:The chuds are very not mad at all This guy doesn't know how appeals work. Yes, the standard of review is de novo, but the appellate court cannot hear anything that wasn't presented to the lower court. There is no evidence preserved because Ty did not present any evidence.
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Oct 4, 2019 22:55
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I just hope that Ty gets some sanctions personally. Even if it's just that the judge orders him to do 50 hours of CLE on defamation/TCPA.
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Oct 4, 2019 23:55
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codenameFANGIO posted:Sooo there will be no appeal lmao If they are smart, the only sort of appeal will be to of the court’s sanctions to try to limit the damages vic has to pay.
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Oct 5, 2019 22:21
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E the Shaggy posted:They'll open up another kickstarter for it, just wait. I don’t practice texas law, but I’m pretty sure the judge can take actions to prevent that if he sanctions them based upon the war chest in the first place. If he orders they personally pay and they fund raise again, he can sanction them again/hold them in contempt.
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Oct 5, 2019 23:01
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RubberLuffy posted:It has to be super illegal to pay legal sanctions with crowdfunded money, right? Not necessarily. Unless statute or other tx law prohibits it, the judge’s order would be the only way to prevent it. I have a feeling defense counsel will ask for disgorgement of the warchest and to order them to personally pay remaining sanctions. I can’t say, though, what will happen.
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Oct 5, 2019 23:07
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Wark Say posted:Do we know how long is it going to take for the Judge/Court to determine the amount of money Mignogna's team has to dole out? The defense attorneys are going to have to file stuff with the court detailing their fees and also a recommendation for sanctions. The plaintiff will get a chance to respond and there will probably be another hearing.
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Oct 6, 2019 04:24
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CannonFodder posted:Could you please give a "I don't practice texas law but I do practice law" opinion on what, if anything, will happen to Ty when he forged a notarized signature? If the judge feels it necessary, they usually have broad leeway to sanction lawyers. The judge could straight up order him anything from a monetary fine to requiring that he take a number of hours continuing education courses on the TCPA and constitutional rights. The judge could also refer him to whatever is Texas' disciplinary authority. A bar complaint from a judge is usually a really bad day for a lawyer. Mr. Nice! fucked around with this message at 18:42 on Oct 6, 2019 |
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Oct 6, 2019 18:38
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E the Shaggy posted:Nick apparently has a new strategy of.....this: He can’t dismiss his case. It has already been dismissed with prejudice. There’s no option to voluntarily dismiss and refile now.
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Oct 8, 2019 15:00
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I have autocorrect disabled on all my devices. I turned it off on iOS on 7 iirc because there was a big shift in its behavior then. I manually typed contractions, and it would do dumb things like we'lol and he'lol because it would think I was done with a word when I hit apostrophe. Turned it off and never looked back.
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Oct 9, 2019 21:20
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This should be a relatively fast appeal. It will still take a couple of months, but there’s no real error made by the lower court judge.
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Oct 14, 2019 16:29
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Gyges posted:I'm kind of hopping Vic and the brain trust are dumb and incompetent enough to appeal this all the way to the Supreme Court. It'll take longer but the reward of seeing them fines and sanctions will be sweeter. The Supreme Court isn’t going to accept cert on this case because it’s open and shut. I don’t know how TX appellate procedure work, but I would guess that this one appeal is all they’ll get. If it’s anything like florida, appeal number one is guaranteed as a right, but everything else is discretionary. If this were in Florida, the first appellate court would per curiam affirm the lower decision and end the in-state appeals.
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Oct 14, 2019 20:44
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Galaga Galaxian posted:Thats even better than anything Vic related it could've been. He told me he had some criminal work to take care of in FL 
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Oct 26, 2019 11:00
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khy posted:I'm not a legal guy, why is it signed '/s/Ty Beard' at the bottom? Everything lawyers used to file required a wet ink signature, but generally speaking in 2019 you can just put an electronic sig.
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Nov 28, 2019 14:12
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I draft a lot of briefs for all levels of courts at both the state and federal level. Microsoft word will automatically make your tables of contents and authorities. TOC only requires that you use the heading features built into word. I made a default template that already has the heading and subheading formats I need, for example, so that inserting the TOC is a matter of just a few clicks along with maybe some minor editing for format. The ToA is similar, but takes a small bit of extra work. When you paste a citation for the first time, just highlight the citation and click "mark citation." It will allow you to designate categories such as cases and statutes. Now any time you cite that same case again, you highlight your cite, click mark citation, and then scroll through the list of citations to select the previously used one. After that, you literally just click "insert table of authorities" and you're done. Vic's lawyers did all this poo poo by hand, and as a result, hosed it up.
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Jun 21, 2020 13:39
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pentyne posted:I'm guessing you can't get disbarred for being bad at being a lawyer if you don't do anything criminal but how many filings can you screw up before the courts lose their poo poo on you? He could absolutely be referred for discipline that would probably involve taking a shitton of CLE courses to correct the obvious gaps in his knowledge. I don't practice TX law and have no idea what their discipline system is like. Maybe they're throwing it so Vic can claim ineffective assistance of counsel.
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Jun 21, 2020 13:55
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Fray posted:Is that even a thing in civil cases? My impression is that a client’s only recourse to poor civil representation is to sue their lawyer for malpractice. I dunno if it is or isn't in TX. I'm just saying dumb poo poo that I thought was funny.
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Jun 21, 2020 17:12
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Alan Smithee posted:I dont even know where we're at anymore Yup. And golly he is bad at this.
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Jun 22, 2020 01:42
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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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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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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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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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Sinterniklaas is a sex pest, too, which had rattled the venture bros community.
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Aug 1, 2020 12:05
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Scratchman Apoo posted:That's the first I've heard about Sinterniklass being a piece of poo poo. What happened with him? Here's something I grabbed with a quick google. I won't say I'm the most knowledgeable but it was a topic of conversation in the venture bros thread for a while. https://critgemhero.wordpress.com/2018/10/23/so-yeah-marisha-telling-her-story-which-is-way/
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Aug 1, 2020 14:47
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MechaX posted:I mean, Nick has got to realize that even, if by the grace of God, the Appeals courts punts it back down to the District Court to decide the sole issue raised in his brief on the worth of the 2nd Amended Petition, he... has to realize that he even admitted the Amended Petition has no new information to consider really. Self reflection is not a vaunted quality in the conservative sphere. Self reflection = weakness. It is possible that he has never been forced to actually examine his actions and their potential consequences because he has never faced consequences. Toxic masculinity is a motherfucker.
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Sep 30, 2020 13:40
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Captain Stalin posted:Yea, I just feel bad for those defendants who're having this nightmare dragged out. The trial judge already included increased sanctions for an appeal, so once the lower court is affirmed, they'll go back down and have to pay out the additional sanctions as well.
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Oct 2, 2020 18:21
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SUPERMAN'S GAL PAL posted:Is this what the constant appeals are really about? There have been two attempts at an appeal in this case. They weren’t done to harass the defendants like the original complaint. They were done to try to make up for vic’s attorney completely and utterly loving up at the trial level. The first was dismissed as untimely if i remember right and the second is the appeal we’re in now. There is a cross appeal, though, because some of the defendants have challenged the trial judge’s fee reductions. They’re going to win that and Vic’s bill will be that much larger.
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Oct 4, 2020 13:38
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Dawgstar posted:It does feel like before all is said and done they're going to get everything Chupp didn't care about introduced into the case proper. Vic's side isn't going to win anything. They're 100% wrong and have been. Judge Chupp's only error in his ruling, imo, was reducing one defendant's fee award to match the others. The Texas appellate court will issue its ruling within the next few months. There are a few potential outcomes: 1. Vic wins his appeal, TCPA judgment against him gets tossed, case goes back to trial court to proceed on the merits. I can confidently say that this has zero percent chance of occurring. With competent representation, this would be slightly larger than zero because you cannot trust appellate courts even when caselaw is crystal clear. With Vic's current cavalcade of idiocy, this is not going to happen. 2. Chupp's decision is upheld in full. I think Chupp was wrong to reduce fees for one defendant, but he was right everywhere else. This has a decent chance of occurring. I don't know that I would exactly call it coinflip, because this is way outside my personal wheelhouse, but this does happen frequently in appeals. In Florida, the court issues a Per Curiam Affirmed (PCA) opinion. A PCA is an affirmation without opinion and is not appealable. I don't know what Texas appeals courts do, but I'm sure it is something similar. 3. Vic loses and cross-appeal wins. This is the other half of the coinflip. This is the legally correct outcome, which I would rate as most likely. However, legally correct doesn't mean that is how the court will rule. They could easily go with option 2.
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Oct 4, 2020 14:30
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Exercu posted:Only one appeal - It could have been dismissed, but wasn't. It was untimely at the time it was filed, but the court just held it until it was no longer untimely. I appreciate the correction. Thank you!
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Oct 5, 2020 16:55
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