Can Chupp really increase the fees after the final ruling?
From what I understand, if there was a motion to reconsider he could, but it's not likely he would, because he'd probably be asked to go over a motion to reconsider the entire TCPA hearing from Vic's team as well.
I have an unpopular opinion here that I've shared on Nick's server several times and I think it has some weight behind it. We know Chupp doesn't really have the skin for shitbags like Lemoine. He wants professionalism in his courtroom, and if one side is acting like a wheezing cunt (Lemoine), he wants to get rid of it as soon as possible. That's a major character flaw in a judge, I'll grant that 100%. That being said, I don't think he's actually as lazy as we've all made him out to be. I think this was just somethign new to him: he's never had a TCPA go before him and have arguments, they've always mediated and come to an agreement. The TCPA is such a shitshow of a law that if you're not a judge who had some type of practice before that dealt with it in some way and on a relatively common basis you're left scratching your head. I'd point to Chupp's entire five-page "ruling" on the dismissals where he cites no case law, and only vaguely mentions "the defendants showed" without attaching it to the ruling as exhibits. Chupp simply didn't know what to do and I can't say I blame him; this isn't a defense of the apparent laziness at all, but just a supposition based on what we know and what we have seen. I think Chupp did end up looking over the TCPA at the end of the day, realized he made an error but wasn't willing to overturn anything because he knows it's going to be appealed by whoever loses. If you look at the ruling itself it's a strong case that he wanted to put Vic's side, in my opinion, in a positive position for the appeal, and that's why it was worded and drafted the way it was. My opinion, I think he expects most of the defendants to come back (Marchi is the only maybe on this one, we all pretty much agree she was always the weakest case) and he'll have a clean slate. Maybe he'll even use this as a learning moment, as the appeals courts tend to be a bit on the ball and verbiose, explaining things and breaking it down Barney style so even Lemoine's west nile-riddled brain can understand it.