Chapterhouse Lawsuit - Settlement reached, Appeals withdrawn - Pg 234! Chapterhouse to re-open store

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**weeble1000**

jonolikespie wrote:
Could the judge just be grumpy that Moskin hasn't paid and be expecting him and GW to sort it out after this is all said and done?

It is a separate issue though, isn't it? The private debt of an attorney resulting from violating the rules of evidence has naught to do with the assets of that attorney's client. At least I can't see how it would.

Regardless, GW is considering $1,197 of the judgement debt to be satisfied. That's in black and white on the Citation Notice.

**Saldiven**

weeble1000 wrote:
jonolikespie wrote:
Could the judge just be grumpy that Moskin hasn't paid and be expecting him and GW to sort it out after this is all said and done?

It is a separate issue though, isn't it? The private debt of an attorney resulting from violating the rules of evidence has naught to do with the assets of that attorney's client. At least I can't see how it would.

Regardless, GW is considering $1,197 of the judgement debt to be satisfied. That's in black and white on the Citation Notice.

I guess it is possible that CHS has some sort of payment arrangement set up and the difference represents sums already received.

**RiTides**

Yeah, but I like the idea of it being Moskin's fine plus interest more

**weeble1000**

RiTides wrote:
Yeah, but I like the idea of it being Moskin's fine plus interest more

I like it a lot less! What business does the personal sanction of any attorney have with the assets of his/her client? None, that's what. What is the earthly point of a personal sanction if you can foist if off on your client? And what relationship should a pre-trial, pre-verdict, pre-judgement, pre-appeal sanction have with a judgement debt?

A good maxim for paying personal sanctions is to pay them immediately. Not paying a nominal personal sanction to an indigent defendant for 18 months would be...not good. One of the American Bar Association's aggravating factors in the imposition of sanctions is "indifference to making restitution."

9.2 Aggravation

9.21 Definition.Aggravation or aggravating circumstances are any considerations or factors that may justify an increase in the degree of discipline to be imposed.

9.22 Factors which may be considered in aggravation.

Aggravating factors include:

(a) prior disciplinary offenses; (E&J Gallo Winery v Cantine Rallo - Moskin was personally sanctioned for $1000)

(b) dishonest or selfish motive;

(c) a pattern of misconduct; (E&J Gallo Winery v Cantine Rallo - White and Case sanctioned for $10,000 for "consistently and repeatedly fail[ing] to respond to discovery requests in a straightforward manner")

(d) multiple offenses;

(e) bad faith obstruction of the disciplinary proceeding by intentionally failing to comply with rules or orders of the disciplinary agency;

(f) submission of false evidence, false statements, or other deceptive practices during the disciplinary process;

(g) refusal to acknowledge wrongful nature of conduct;

(h) vulnerability of victim;

(i) substantial experience in the practice of law;

(j) indifference to making restitution.

The sanction Jonathan Moskin had imposed on him personally was literally to make restitution for $1,039.00 in administrative fees that Chapterhouse Studios unfairly incurred in uncovering his deliberate or reckless disregard for the rules of evidence. That's a fact. It is in Judge Kennelly's memorandum in black and white. Do you want to guess what Jonathan Moskin's salary is? I don't personally know what his salary is, but it would probably make you blush.

**odinsgrandson**

agnosto wrote:

... No, I believe that the "system" has been created in such a way as to penalize small businesses and reward organizations who bring suite, win a relatively small judgement and then find other "legal" ways of achieving their ends via delay and stall tactics that drag out the final results of an appeal...

Wait- are you implying that our laws are written to the benefit of corporate interest groups and pretty much ignore the needs of people as a whole?

Of course, when this drags out forever, it does still hurt GW (remember that this case was one of Kirby's excuses for a poor year).

**loki old fart**

odinsgrandson wrote:
agnosto wrote:

... No, I believe that the "system" has been created in such a way as to penalize small businesses and reward organizations who bring suite, win a relatively small judgement and then find other "legal" ways of achieving their ends via delay and stall tactics that drag out the final results of an appeal...

Wait- are you implying that our laws are written to the benefit of corporate interest groups and pretty much ignore the needs of people as a whole?

Of course, when this drags out forever, it does still hurt GW (remember that this case was one of Kirby's excuses for a poor year).

It may hurt Games workshop, it could kill chapterhouse. Games workshop could liquidate its self and be bought by warhammer ltd. All they need to do is change the name on the shops.

**rigeld2**

IIRC Warhammer Ltd is just a DBA for GW.
So no, they couldn't "just" do that.

**Wayniac**

Ugh the discussion on Warseer about this is turning into a "lol CHS are scummy because they aren't fulfilling orders" attack on the anti-GW crowd. Somewhat amusing actually, especially being called a liar for saying that CHS's counsel are doing it pro-bono and that GW's reasons were wrong and unfounded because "The court awarded them 35% damages"

**MagickalMemories**

rigeld2 wrote:
IIRC Warhammer Ltd is just a DBA for GW.
So no, they couldn't "just" do that.

I think you're missing the forest for the trees.

Games workshop could liquidate its self and be bought by

*Insert Different Name Here*

On another note...
Can we get the thread title changed, since we don't REALLY have a verdict anymore. ; )

Eric

**plastictrees**

I nominate "Aaaaaaaaaarghhh!" as the new thread title.

**weeble1000**

MagickalMemories wrote:

On another note...
Can we get the thread title changed, since we don't REALLY have a verdict anymore. ; )

Eric

That's actually incorrect Eric. There is a verdict, and a judgement for that matter, which is technically different from the jury verdict. That verdict/judgement has been appealed, but as of now it stands pending a decision by the appellate court or some other development.

**MagickalMemories**

weeble1000 wrote:
MagickalMemories wrote:

On another note...
Can we get the thread title changed, since we don't REALLY have a verdict anymore. ; )

Eric

That's actually incorrect Eric. There is a verdict, and a judgement for that matter, which is technically different from the jury verdict. That verdict/judgement has been appealed, but as of now it stands pending a decision by the appellate court or some other development.

Fair enough. I wasn't trying to be factually accurate, as much as I was trying to make a point.
It's far from over (apparently), and it would be nice if the title reflected that. Every time I open the thread, I wonder if "today will be the day" that there's finally something substantive in here, rather than more of us flapping our gums.

Eric

**slowthar**

Just change it to "Chapterhouse Lawsuit update-we have an appeal!" :-)

**RiTides**

I'd be happy to update the thread title, but we've had so little news for so long, I'm not sure what to adjust it to. The appeal has been on hold for months!

**Sinful Hero**

Chapterhouse Lawsuit- Appeal Pending

**RiTides**

Okay, updated it for now, hopefully soon we'll have an excuse to make another change (assuming the appeal actually starts moving forward again).

**jonolikespie**

So this popped up on Facebook.

Our assets have been frozen.

Yes, thats pretty much the issue. Many of you may know that Games Workshop has been in a legal battle with us for almost 4 years now.. maybe its 5...

Anyways, they have asked the courts to freeze our assets and this has happened, this happened early September, not long after I posted the photos of the last set of products that were being produced and almost ready to ship.

What does this mean? #1 we have no means to ship or produce or pay for anything... and I mean anything, internet, phone, gas, nothing. We cant use or accept funds (well technically we can accept but I wont do that without a means to ship out new orders).

#2 the demon lines are sitting at the casters, waiting to be shipped but not able to be shipped to us. Even if they were shipped to me, I couldnt ship them out since they are technically "assets" and I am not allowed to ship them out.

#3 the company infrastructure, email, website, is pretty much frozen.

I am flying out (which GW allowed us to buy a ticket) to chicago next week to step in front of the courts and plead my case to have assets released and do business as normal until the appeal is addressed.

For those of you who are understandably upset, I am sorry, this has been a long and hard road and many of you have stood by me. I wish it was better but its been very stressful and now I have learned that its not only my company at risk but my personal assets and home are being threatened as well now.

Ill do my best to keep you all apprised.

And to be clear, no orders were taken after I found about about the freeze mid september.
Any orders that have issues were due to customers not putting in correct addresses and a new shipment needing to be sent (and couldnt due to the freeze).
Or lost orders in the postal system.

Nick

**Wayniac**

Hopefully the judge is smart enough to see that GW is doing this on purpose to try and run CHS out of business to end the litigation, and releases it.

Feth GW.

**jonolikespie**

WayneTheGame wrote:
Feth GW.

There really isn't much more you can say to that, is there?

If they shut down Chapterhouses assets it's a d*** move (but legal).

Shutting down Nick's assets is downright evil and if it's allowed then that's a failing of the legal system.

Feth GW.

**Looky Likey**

Spiteful move from GW.

**Sinful Hero**

Sure was nice of GW to allow Nick to buy a ticket to appear in court.

Why are they not seperating his assets between his personal and business? Probably because he just put it all in the same account?

**agnosto**

I wonder if the comment about locking up his personal assets is due to him not filing as an LLC... Technically, if properly distanced in how he set-up his company, they should only be able to take action versus the company, not an individual.

Maybe one of our lawyerly posters could comment?

**Bahkara**

If That's The case then bad on him for having all his eggs in one basket and choosing to fight. I may not like what GW did but if it's within their rights I can't blame them.

**Sinful Hero**

It would have been naive to not seperate his business from his personal accounts if that's what has happened.

**skyth**

Actually you can blame then. Just because they have the right doesn't make it right.

**judgedoug**

Bahkara wrote:
If That's The case then bad on him for having all his eggs in one basket and choosing to fight.

Blame that... victim.

**jonolikespie**

skyth wrote:Actually you can blame then. Just because they have the right doesn't make it right.

Yep. GW can't possibly care if they get that $23,000 or not. This is purely vindictive and an attempt to bully CH.

Bahkara wrote:If That's The case then bad on him for having all his eggs in one basket and choosing to fight. I may not like what GW did but if it's within their rights I can't blame them.

He didn't choose to fight. His options where fight or close down his business.

**Wayniac**

jonolikespie wrote:
skyth wrote:Actually you can blame then. Just because they have the right doesn't make it right.

Yep. GW can't possibly care if they get that $23,000 or not. This is purely vindictive and an attempt to bully CH.

Bahkara wrote:If That's The case then bad on him for having all his eggs in one basket and choosing to fight. I may not like what GW did but if it's within their rights I can't blame them.

He didn't choose to fight. His options where fight or close down his business.

That first part is basically the issue. To GW $25,000 is probably a drop in the bucket, and whether or not they get that money is of no consequence. To CHS it's a lot more. S o this is purely out of spite to try and stall as long as possible, knowing that they can last and CHS cannot. It's a sad thing about the US justice system that whoever has the most money tends to always win precisely because of things like this; it's why it's so hard to fight unjust things like a big company going after a small one for nonsense - the big company can just play a war of attrition.

GW is doing this deliberately to force CHS to either not appeal and/or go bankrupt to get rid of them, and it's deplorable.

**StraightSilver**

I suspect that this isn't so much that his personal finances and business finances are wrapped up together.

It's more likely that not being able to trade since September has cost him money which has affected things like mortgage payments, bills etc.

I believe Chapterhouse is his main or even sole source of income, and if he isn't trading he isn't getting paid.

On the other hand Chapterhouse were found guilty of some infringements, admittedly nowhere near as many as GW would have liked, so GW has the right to claim the money they are owed.

I just don't think putting somebody out of business is the right way to do it.

**weeble1000**

Sinful Hero wrote:
Sure was nice of GW to allow Nick to buy a ticket to appear in court.

Why are they not seperating his assets between his personal and business? Probably because he just put it all in the same account?

There is a difference between a plaintiff trying to seize personal assets and being able to seize personal assets. Chapterhouse Studios is an LLC, and Nick Villacci is not a named defendant in the lawsuit. If the company has been run properly, Nick's personal assets should be well enough protected.

That Games Workshop is trying to seize Nick's personal assets is astounding and extremely aggressive. As a company that just wanted Chapterhouse Studios to stop selling the infringing products, it is abhorrent for Games Workshop to seek the personal assets of the owner. It goes far beyond Games Workshop's goal in the trial, as communicated to the fact finders, and by which arguments one must presume their opinions were influenced.

It is also goes beyond Games Workshop's quite obvious goal of putting Chapterhouse Studios out of business. Games Workshop going after Nick Villacci's personal assets is vindictive, abusive, bullying, and entirely unnecessary. One can hope that Judge Kennelly will put a stop to it, and that if he won't, the appellate court will.