TRO Succession Wars and Harmony Gold

[glitterboy2098]

well, as a delaying tactic, asking your corporate enemy who hates your guts to be a witness on your own behalf is one way to do it, i guess.

[(SMD)MadCow]

Wasn't there documents submitted showing no relationship between HG and BW?

[Maingunnery]

So they are between a rock and a hard place?

[ColBosch]

I give up. I'm waiting for a lawyer to comment on this. ;D

[Liam's Ghost]

On the plus side, we can save on electric heating over here. The shear power of my frustration will heat this entire house.

[SCC]

I wonder if this will cause the judge to apply punitive damages against HG for this latest stunt.

[Tymers Realm]

ya know, something just occurred to me.

What if this was intended to force the Judge to pop the sanctions and rule for the dismiss w/prejudice and then HG could appeal crying that they weren't treated fairly?
Dumb and totally left field, but could they?

[Dakkon]

...Given what's gone on thus far, I don't see the Battletech side backing down.

They better not; I want to see HG get beat down relentlessly by whoever wants to join in (Judge, Big West, whoever).

[MoneyLovinOgre4Hire]

ya know, something just occurred to me.

What if this was intended to force the Judge to pop the sanctions and rule for the dismiss w/prejudice and then HG could appeal crying that they weren't treated fairly?
Dumb and totally left field, but could they?

Even if they could, wouldn't doing so mean that PGI, HBS, and IMR wouldn't have to be paying any legal fees during that time?  Seems counterproductive as bleeding them has been a big part of HG's strategy.

[ANS Kamas P81]

Dismissal with prejudice means, literally, "we are pre-judging any further attempts to pursue this case." 

https://definitions.uslegal.com/d/dismissed-with-prejudice/

A dismissal with prejudice is dismissal of a case on merits after adjudication.The plaintiff is barred from bringing an action on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata* on the claims that were or could have been brought in it.

Emphasis mine, but there are no appeals after a DwithP.  It's over, it's done, you cannot continue.

[ColBosch]

Folks, I strongly recommend that we not imply the use of violence against anyone, even in a joking manner.

Even if they could, wouldn't doing so mean that PGI, HBS, and IMR wouldn't have to be paying any legal fees during that time?  Seems counterproductive as bleeding them has been a big part of HG's strategy.

Lawyers would still have to be retained and would incur expenses as they work on research and responses to whatever HG comes up with.

Emphasis mine, but there are no appeals after a DwithP.  It's over, it's done, you cannot continue.

That is absolutely untrue. You can appeal a Dismissal with Prejudice. Since this is a Federal civil matter, you have precisely two appeals: one to the Appellate Court - who, as their name implies, deal primarily with appeals - and, if they rule against you, to the Supreme Court of the United States. (The rules for state courts and criminal cases are different, and off-topic here.)

What you cannot do, if the Dismissal with Prejudice is upheld, is ever sue on the same grounds again. So you're correct to an extent, but everyone does have the right to appeal before a ruling takes effect.

[monbvol]

And I have seen nothing from Judge Zilly or the defense teams that would provide sufficient grounds for appeal.

[marauder648]

I don't know legaleze but the folks here are good to explain it and aye, as they said, a dismissal with prejudice is basically the judge going

https://img.memecdn.com/reposters---get-out_o_405779.gif

to Harmony Gold.

[ANS Kamas P81]

That is absolutely untrue. You can appeal a Dismissal with Prejudice. Since this is a Federal civil matter, you have precisely two appeals: one to the Appellate Court - who, as their name implies, deal primarily with appeals - and, if they rule against you, to the Supreme Court of the United States. (The rules for state courts and criminal cases are different, and off-topic here.)

What you cannot do, if the Dismissal with Prejudice is upheld, is ever sue on the same grounds again. So you're correct to an extent, but everyone does have the right to appeal before a ruling takes effect.

I stand corrected.  The language at the link provided seemed to suggest otherwise.  Still...good luck.

[Pat Payne]

I don't know legaleze but the folks here are good to explain it and aye, as they said, a dismissal with prejudice is basically the judge going

https://img.memecdn.com/reposters---get-out_o_405779.gif

to Harmony Gold.

Cary Grant -- I like your sense of taste in movies :)

[abou]

The only thing I can really think of is that this is either a delaying tactic or a Hail Mary in the hopes there is some super secret Big West document that justifies this behavior.

Bear in mind, HG still hasn't stated what it is seeking in damages. At least I don't think they have?

Why isn't Leonard French on this? This is a much more interesting topic than keeping up with Purple v Ghostbed.

[ColBosch]

Bear in mind, HG still hasn't stated what it is seeking in damages. At least I don't think they have?

That's not done until after Discovery.

Why isn't Leonard French on this? This is a much more interesting topic than keeping up with Purple v Ghostbed.

Probably because nobody reminded him.

[Euphonium]

Probably because nobody reminded him.

At least two of us mentioned it during last Sunday's livestream

[Jaim Magnus]

At least two of us mentioned it during last Sunday's livestream

And he didn't instantly gratify you?

Give the guy and chance to finish what he's already working on and then, maybe, get the research done to present this particular case to us lay people properly.

[ANS Kamas P81]

Considering it'd take looking back through the arbitrations and possibly even whistling up the Japanese case between Tatsunoko and Big West, not just this one case, it'd be pretty involved.  Don't forget he's also got a lot of fans that are interested in all kinds of things and has to weigh what he gets; if only two people say 'look into this' and two dozen say 'what's going on here' he's gonna go with them.

Battletech's important to us.  Not quite the whole world...but we're working on that.

[marauder648]

Considering it'd take looking back through the arbitrations and possibly even whistling up the Japanese case between Tatsunoko and Big West, not just this one case, it'd be pretty involved.  Don't forget he's also got a lot of fans that are interested in all kinds of things and has to weigh what he gets; if only two people say 'look into this' and two dozen say 'what's going on here' he's gonna go with them.

Battletech's important to us.  Not quite the whole world...but we're working on that.

The Word of Bla..*coughs*....Battletech will spread across Terra!

[truetanker]

The Word of Bla..*coughs*....Battletech will spread across Terra!

Give that cat a cough drop, stat!

TT

[Greatclub]

I wouldn't worry about it. At the worst, we have precisely three years until all of this nonsense goes away, when Harmony Gold's licenses expire.

It was pointed out to me on another forum that Tatsunoko owes HG over half a million. That might give Tat incentive to hold their nose and sign with the scum anyway. Even in these inflated times, half a mil is real money.

Also, there are three new robotech games coming out in the near future. Maybe HG is counting on the games being flash-in-the-pan that will generate them money, but maybe they know something we don't.

https://www.japanimegames.com/posts/press-release-defend-the-universe-with-three-new-robotech-games

[ColBosch]

Also, there are three new robotech games coming out in the near future. Maybe HG is counting on the games being flash-in-the-pan that will generate them money, but maybe they know something we don't.

The profit lifetime of video games is roughly 30 days right now. After a month - or less - sales basically fall off to zero.

It was pointed out to me on another forum that Tatsunoko owes HG over half a million. That might give Tat incentive to hold their nose and sign with the scum anyway. Even in these inflated times, half a mil is real money.

They can owe the money and not sign a new contract. Indeed, the best way for Tatsunoko to make the money is to cut HG out of the picture and pay them off behind the scenes.

[abou]

They can owe the money and not sign a new contract. Indeed, the best way for Tatsunoko to make the money is to cut HG out of the picture and pay them off behind the scenes.

Weird question: with HG's license agreement it can deduct legal fees from what it owes Tasunoko, but is there a cap on that?

[ColBosch]

Weird question: with HG's license agreement it can deduct legal fees from what it owes Tasunoko, but is there a cap on that?

As in, can they "overrun" and charge Tatsunoko? Probably not, but that is a topic for an expert with full access to the agreements between the two companies.

[Greatclub]

The profit lifetime of video games is roughly 30 days right now. After a month - or less - sales basically fall off to zero.

not video games, board games.

[ColBosch]

not video games, board games.

I missed that, sorry. Still, according to several industry reports I've seen, it's about the same. Right now it might even be worse, with the closure of the last big toy retailer in the US.

[ANS Kamas P81]

not video games, board games.

Considering the Palladium license just imploded, it's going to put Robotech into the same position Battletech was post-FASA - "everyone knows it's dead" even though Fanpro was coming together and Wizkids was doing the clickygame.  Any new games from HGUSA are gonna have to overcome that same attitude, considering how deeply Palladium's been connected with Robotech.  Add in the screaming cluster **** that the Robotech minis game turned into and there's a lot of bad tastes in peoples' mouths.

Not to say it outright will fail, but they've got a big news article and collective impression to overcome.

[victor_shaw]

Weird question: with HG's license agreement it can deduct legal fees from what it owes Tasunoko, but is there a cap on that?

To the best of my knowledge, agreements like this state that they can deduct legal fees in defenses of the product they are licencing from Tasunoko.
So If it is shown that they are defending a copyright that is not owned by Tasunoko or themselves then they can't deduct legal fees from what it owes Tasunoko.
This is probably why they are so hellbent on making this stick, since if they lose they owe all the legal fees and the licensing fees.