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#767620 - 06/11/12 01:49 PM ADV Countersues FUNimation
Lesley Aeschliman Offline
BellaOnline Editor
Wolf

Registered: 09/19/07
Posts: 5980
Loc: Enumclaw, WA, USA
Crunchyroll is reporting that as part of the lawsuit between FUNimation and ADV over ADV's disoslution and debts, ADV has decided to countersue as a third-party, claiming that FUNimation is trying to monopolize the anime industry through illegal means.

The countersuit was filed in the Harris County Courts on May 8, 2012, as an amended answer, original counterclaim and third-party claim.

The lawsuit specifies FUNimation Entertainment, FUNimation Productions Ltd., AnimeOnline Ltd., FUNimation GP LLC, Anime LP Holdings LLC., FUNimation LP LLC, and FUNimation CEO Gen Fukunaga as the defendants, and seeks judgment in favor of ADV in both the lawsuit and countersuit. In addition, the suit asks that ADV be awarded its "actual, consequential, direct, indirect, and exemplary damages"; attorney's fees, interests and court costs; and "an order enjoining FUNimation from attempting to enforce any rights it claims to have secured from ARM and from obtaining any assets owned by the defendants" of the original suit.

ADV's counterclaim claims nine reasons for the suit:
*violation of the Federal Sherman Act
*violation of the Texas Free Enterprise Act
*Unfair Competition/Misappropriation
*Tortuous Interference with Existing Contract
*Violations of Chapter 9 of the Texas Business and Commerce Code
*Conspiracy to Violate Chapter 9 of the Texas Business and Commerce Code
*Breach of Contract
*Conspiracy to Commit Fraud
*Fraud and Fraudulent Inducement

In addition, since ADV is claiming that the foreclosure sale was unlawful, they also claim that a "sham foreclosure sale" took place.
_________________________
Lesley Aeschliman

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#767688 - 06/11/12 06:22 PM Re: ADV Countersues FUNimation [Re: Lesley Aeschliman]
Lesley Aeschliman Offline
BellaOnline Editor
Wolf

Registered: 09/19/07
Posts: 5980
Loc: Enumclaw, WA, USA
Anime News Network is reporting that according to the Office of Harris County, the case was "removed to Federal court" on June 8, 2012, and that the office is currently listing that the case is disposed.

The site is also reporting that FUNimation filed a notice of removal on June 8, 2012 in the third-party claim.
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Lesley Aeschliman

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#767859 - 06/12/12 06:11 PM Re: ADV Countersues FUNimation [Re: Lesley Aeschliman]
Lesley Aeschliman Offline
BellaOnline Editor
Wolf

Registered: 09/19/07
Posts: 5980
Loc: Enumclaw, WA, USA
Anime News Network is reporting that FUNimation provided the site with the following statement in regards to ADV's countersuit:

"We believe these counterclaims are frivolous and will soon be dismissed. Funimation is obviously not a monopoly, has not sought a monopoly, and has never been in violation of any antitrust laws. Rather, these claims were brought in a transparent attempt to gain leverage in the case because the defendants lack any defense to Funimation's original claims."

In addition, Anime News Network is also reporting that FUNimation has confirmed that the case was transferred to the Federal District Court for the Southern District of Texas, Houston Division on June 8, 2012.
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Lesley Aeschliman

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