, 30 tweets, 10 min read
My Authors
Read all threads
OK. Now that I'm properly prepared to relax and enjoy a professional legal filing, let's take a look at Funimation's request for fees.
I skimmed this earlier to get the key dollar amounts for a quick news post, but haven't read any of the argument - or the many, many pages of exhibits.

Don't want to stay up too late, but this should go pretty quick.
Sorry for the delay. Got distracted by something - but it'll wait until tomorrow.
OK. So starting with the conclusion, we get mostly numbers. Big ones. But we knew that already. Let's head back to the start and see what else we've got.
Volney, it seems, is a fan of the "tell them three times" school of legal writing. It's simple, but effective - at least when you don't get lost in the middle of your own arguments.
(I'm not suggesting that I expect Volney to get lost. I don't. Just thinking of some unfortunate student papers that attempted that kind of intro then forgot where they were going.)
The evidence Volney will be relying on is listed up front and clearly identified. It appears that we'll be spared "See Exhibit ___" references in this filing.
I just read a couple of pages but didn't see much worth commenting on - Volney is a professional. He's setting out the basic law on attorney's fees, doing it effectively and well. It's a professional doing a professional's job professionally.
One thing that does jump out, though - and this is something that might take some effort to get through to Nick, the NMC, and the Kiwi nutters - is that there's good caselaw for what "reasonable" means in the context of a fees award.
Specifically, "Time x Rate = Presumptively Reasonable."

In other words, this is an area where the judge's discretion to decide what is 'reasonable' is constrained. The judge cannot pick random numbers; the fees award has to relate to the work done.
That said, judges often apply a bit of a haircut to fees awards - and I wouldn't be surprised to see an actual award that's in the range of 80%-90% of what's requested. Volney, however, says he's already adjusted his bill to account for things the court might find duplicative.
It will be interesting to see if that's effective, or if there's a bit more of a trim.

Overall, though, it strikes me as a good idea on Volney's part.
There are several more pages running through the factors for fee calculations. These lodestar factors are based on ones used in federal courts, and are pretty widely used. (They're also vague enough to leave the trial court with loads and loads of discretion.) No surprises here.
This is exactly the kind of work we've seen from Volney before. Calm, precise, clinical.
The costs bill is presented similarly.

If I had to guess, if there's a further haircut, it will probably involve the court disallowing fees and costs associated with the mediation. But that's just a guess - like I said, lots of discretion here.
Moving on, we get to sanctions - the part everyone's been waiting for.

I'm maintaining my "no prediction" prediction - although I've gotta say, every move by the plaintiff has made me less pessimistic on sanctions.
Volney has done his research on sanctions under the statute. It's a very broad range.

Footnote 4, which should keep @LindseyPaigeB busy for a while, is what's known in the trade as a "string cite." It means "judge, I know my stuff and I'm not wearing clown shoes as earmuffs."
@LindseyPaigeB The arguments for sanctions are also well made.

By Vic.
@LindseyPaigeB The use of the Go Fund Me as an argument for increased sanctions is good. It's also something that every lawyer following the case who isn't Ty or Nick expected to see - because, in part, it's the absolute truth.
@LindseyPaigeB And all those times that Ty and Nick appeared together to joke about losing the case again? Yeah, those are also mentioned.
@LindseyPaigeB That stream where Ty and Nick did their best Baghdad Bob impressions after the case was dismissed might have been every bit as stupid as the lawyers here said. Shocking, I know.
@LindseyPaigeB This part is the kicker - everything that Ty and Nick have ever said about Round 2 points toward the need for a large deterrent sanction.
@LindseyPaigeB The entire Hellfiling Era is - also predictably - cited as independent grounds for a large sanction.

"Miscues" is an incredible understatement.
@LindseyPaigeB This part strikes me as the weakest - if you're talking about how bad everything was, why ask for ~15% of your fees - but I think Volney is keeping in mind that there are other defendants.
@LindseyPaigeB Solid performance overall. The actual fees award may still be a bit less than the request, but I doubt it will be much under the total - and I'll be surprised if it's under $150k.

I'll take a quick skim through the exhibits and see if anything else jumps out at me.
@LindseyPaigeB One thing that pops out -

I'm a bit surprised by Volney's billing rate for this case. $500/hr is lower than I expected.
@LindseyPaigeB Second thing - give the invoices a look if you're at all curious about what goes into handling this kind of case.
@LindseyPaigeB I was tickled a bit by this entry, not gonna lie.

It's a very professional way of saying "no, really, who the feck is this person and why are they being brought in now."
@LindseyPaigeB This is an interesting line of argument, and not one I thought of exploring myself. I wonder what he learned.
@LindseyPaigeB Anyway - that's about all I've got for this one.

I'm sure some other filings will be available tomorrow, and we'll talk about those then.

Night, all.
Missing some Tweet in this thread? You can try to force a refresh.

Enjoying this thread?

Keep Current with Mike Dunford

Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread may be Removed Anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

Follow Us on Twitter!

Did Thread Reader help you today?

Support us! We are indie developers!


This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3.00/month or $30.00/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!