Victor Mignogna v. Funimation Productions, LLC, et al. (2019) - Vic's lawsuit against Funimation, VAs, and others, for over a million dollars.

[TheClappening]

Of course it's about the money as well. Vic's ability to earn future income has been severely affected by this and legal vindication alone won't restore it.

I mean, yes. But if Vic could come out of all this with a net zero, but with his reputation and jobs and con invites restored, I get the feeling he'd be more than happy with that.

 

[AnOminous]

Why should ty do that? Funi has the money,

Because a public retraction from Funimation means a lot more than anything from three gibbering lunatics like MoRon and Jamie.

Since Funi is one of the defendants, can they bail out by settling and leave the other three to twist in the vine?

Yes. Why would they bother settling if they could somehow still be hit with more damages?

I.e., why would Ty let Funi -- who is likely the paypig in this scenario -- off the hook?

They wouldn't be off the hook. They'd be paying, possibly a lot, and maybe undoing some of the damage they participated in causing.

 

[Stoneheart]

To be honest, it was never about the money. It's about Vic getting his reputation back.

a huge amount of money would help...
Nervi belli, pecunia infinita
or if you like Schillers interpretation of Wallensteins operations in the 30 years war more than cicero,
Der Krieg ernährt den Krieg.

or in plain anglo: u need da moneyz to sue da baddys!

 

[Slab Bulkhead]

Because a public retraction from Funimation means a lot more than anything from three gibbering lunatics like MoRon and Jamie.

Not to mention any kind of public retraction from MoRon and Jamie would likely immediately be followed by them talking to their 'private' facebook circles that "I didn't actually mean the retraction. and still stand by everything but only said that in order to get them off my back."

 

[AnOminous]

Then having to foot the bill for Monica, Ron, and Jamie's damages when objectively Funimation had very little to do with the defamation or TI case.

They had a lot to do with it, though. Without MoRon and Jamie and Sabat acting as their agents and running amok in their name and with their apparent authority, none of this would have happened to Vic. They also publicly terminated him and allowed a sham "investigation" to be conducted to justify it, then allowed that to be used all over the place to get him thrown out of virtually every convention in existence.

Without Funimation, Vic wouldn't have been "cancelled" by the lynch mob.

a huge amount of money would help...
Nervi belli, pecunia infinita
or if you like Schillers interpretation of Wallensteins operations in the 30 years war more than cicero,
Der Krieg ernährt den Krieg.

or in plain anglo: u need da moneyz to sue da baddys!

It's all about the Benjamins.

 

[Wake me up]

he's so used to being the bully in court instead of the bullied primarily due to his "super lawyer" status.

You can go back in the thread and see me wishing the best of luck to Casey but now that the first boxing round is mostly over with, he definitely sounds like a spoiled brat who never heard a "no" from his parents and never lost a case he thought he could win. You know, the kind of dude who thinks the rules only exist to better serve him, with a little twisting now and again.

What sort of a serious person and/or competent lawyer thinks saying "we're gonna depose Vic first" three times in front ot the mirror makes it actually happen? Sounds more like a schoolyard bully if you ask me!

Maybe he is actually an IQ 900 lawyer with a grand plan behind the lunacy.. or maybe he understands he has no chance of winning if playing by-the-book here. Either way, you'd think there are better strategies than losing face at minute 1 of play.

 

[Super-Chevy454]

Because Vic seems in it to clear his name and isn't simply ambulance chasing. The case against Funimation isn't as strong as the others either. They might have leaks that prove that Funimation is more involved than we know and plan on going full court press. We'll have to wait and see.

I wonder if it might be premature to call this "Funimationgate"?

 

[Slab Bulkhead]

They had a lot to do with it, though. Without MoRon and Jamie and Sabat acting as their agents and running amok in their name and with their apparent authority, none of this would have happened to Vic. They also publicly terminated him and allowed a sham "investigation" to be conducted to justify it, then allowed that to be used all over the place to get him thrown out of virtually every convention in existence.

Without Funimation, Vic wouldn't have been "cancelled" by the lynch mob.



It's all about the Benjamins.

It could be argued that Funimation was grossly negligent in the wrangling of its spergtastic employees/agents, yes. At the core of the matter though Funimation wasn't the one actively launching a hate campaign on twitter dragging Vic's name in tar, setting it alight, and defecating on the remains, or reaching out to all his known future contracts and bullying/blackmailing them into kicking him from their venues. They do have a responsibility in the matter yes, but they are far from the primary antagonists or the 'final boss' pulling the strings.

 

[Stoneheart]

It's all about the Benjamins.

I dont think Vic want the money, sure a million $ is nice, but he realy loves his work and he cant work much as long as they attack him.
A nice warchest from a funi settlement would pressure everybody else to settle or fight a losing battle. they all hope that funi comes and saves them, If funi is gone, they cant win, they dont have the money to fight and they have to face the possibility to be hit for the rest of the damages after burning alot of money for the court battle.
It also looks very bad if the biggest player on their side folds without a fight.

 

[AnOminous]

I dont think Vic want the money, sure a million $ is nice, but he realy loves his work and he cant work much as long as they attack him.
A nice warchest from a funi settlement would pressure everybody else to settle or fight a losing battle.

I mean the show doesn't go on at all unless there's money. No money, no lawsuit. It's all very expensive.

 

[HTTP Error 404]

Not to mention any kind of public retraction from MoRon and Jamie would likely immediately be followed by them talking to their 'private' facebook circles that "I didn't actually mean the retraction. and still stand by everything but only said that in order to get them off my back."

I wonder, since there are ISWV moles in said group, would that allow Ty to take them back in front of the judge and go after them for more?

 

[PrinceofAllCucks]

I wonder, since there are ISWV moles in said group, would that allow Ty to take them back in front of the judge and go after them for more?

If the public retraction were part of the legal agreement, then they could absolutely take those "private" statements back to the court as evidence if any other defamatory statements were made by them.

 

[Slab Bulkhead]

I wonder, since there are ISWV moles in said group, would that allow Ty to take them back in front of the judge and go after them for more?

Probably, but they could very well deem it not worth the effort since that would just incur more court costs unless they can get those lumped in with additional damages, and that would also depend on if Vic would want to pursue additional litigation.

 

[Wake me up]

At the core of the matter though Funimation wasn't the one actively launching a hate campaign on twitter dragging Vic's name in tar

But one of their employees, Monica Rial, was, indeed, at the center of this and she painted her husband as a high executive of Ruination with privileged access to internal investigation data. Also, Ruination went over and beyond the call of duty in retroactively removing Vic's name from any credits he had rightfully participated in for God knows how many years of backlog. Why? For the high privilege of virtue-signaling on Twitter, for all we can see.

It's very easy to paint a picture of Ruination as a primary actor, willing and co-conspirator - my informal guess being that whoever is in charge of HR over there is buddy-buddy with the whole Twitter crowd and was enjoying the whole cannibalism thing way, way too much to bother with petty things such as professional composure.

Even if Ty can't argue the company as a co-conspirator, which I don't see why he wouldn't, the fact they fired Vic entirely because of Twitter Court is just as damning for the lawsuit.

EDIT: missed a few posts back so just now realizing I'm basically repeating what AnOminous already said. Well, guess it bears repeating anyway...?

 

[AnOminous]

It could be argued that Funimation was grossly negligent in the wrangling of its spergtastic employees/agents, yes. At the core of the matter though Funimation wasn't the one actively launching a hate campaign on twitter dragging Vic's name in tar, setting it alight, and defecating on the remains, or reaching out to all his known future contracts and bullying/blackmailing them into kicking him from their venues. They do have a responsibility in the matter yes, but they are far from the primary antagonists or the 'final boss' pulling the strings.

More than that could be argued. It could be argued, and is in fact being argued, that Funimation itself was acting through its agents. There are numerous theories of liability, and Funimation only has to lose one to be on the hook for everything. For instance, if none of these people (including the as-yet-unsued vice principal Chris Sabat) were acting directly as agents of Funimation, Funimation could have been engaging in a civil conspiracy with them. These are somewhat contradictory theories, since if Funimation itself was acting through them, it couldn't exactly conspire with itself.

Neither of those are negligence or vicarious liability. They're direct liability. Funimation could also be vicariously liable on apparent agency, subsequent ratification, and a myriad of other related theories.

Ty just has to win on one of them to win. They have to win on all of them not to lose.

But one of their employees, Monica Rial, was, indeed, at the center of this and she painted her husband as a high executive of Ruination with privileged access to internal investigation data. Also, Ruination went over and beyond the call of duty in retroactively removing Vic's name from any credits he had rightfully participated in for God knows how many years of backlog. Why? For the high privilege of virtue-signaling on Twitter, for all we can see.

They didn't do this to a guy who they fired for being an actual fucking pedophile who is now doing time.

The fact they went out of their way to do this to Vic shows they were in a clearly malicious frame of mind, and were acting with the naked and vicious desire solely to cause as much personal harm to him as possible.

I seriously want to hear their fucking explanation of why they did that. It wasn't to protect their reputation or they'd have done that to a literal fucking convicted pedophile.

 

[Slab Bulkhead]

For civil conspiracy however, it has to be shown that Funimation -willingly/knowingly- agreed and gave the go-ahead for the smear campaign. The only possible angle I can see towards nailing that would be the 'We don't tolerate harassment' tweet. Unless silence, or in this case Funimation not standing up and saying "The views of our employees do not reflect the views of the company", can also be construed as an "unspoken agreement" between Funimation and its agents/employees. Which if that's the case then Funimations incompetence has really caused it to shoot itself in the eye by not wrangling its employees.

Edited to add: The easy part is if they're successfully argued to be agents of Funi which Monica and Jamie clearly are, the hard part comes in nailing down Toye which is where the majority of the defamation comes from. Funimation -mostly- just has to distance itself from him to get a lot of leeway as far as I'm aware, at which point Funi only becomes liable for a portion of damages caused by Monica/Jamie At least that's my understanding.

I could be wrong though and it could be the case that since Monica -is- an agent of Funi, her providing information to Toye given they are not married thus Toye is not privy to private information could also be considered conspiracy, and since Monica is an agent of Funi thus is representing it which then throws liability back onto Funimation.

 

[some_crazy]

Question for someone who knows the legal side of this:

1. Vic's deposition is scheduled for the 30th
2. The hearing for the motion to quash the deposition is scheduled for the 31st
3. Ty has said the deposition has to be rescheduled
4. How can Ty actually block the deposition without the motion to quash being decided on first? (considering that it wasn't filed within the 3 day deadline for an automatic stay)

 

[AnOminous]

Edited to add: The easy part is if they're successfully argued to be agents of Funi which Monica and Jamie clearly are, the hard part comes in nailing down Toye which is where the majority of the defamation comes from. Funimation -mostly- just has to distance itself from him to get a lot of leeway as far as I'm aware, at which point Funi only becomes liable for a portion of damages caused by Monica/Jamie At least that's my understanding.

It doesn't really matter what they argue with regard to Soye. Ty just wants them to have to argue something. Soye either has to argue he was lying about the agency thing or argue on behalf of himself actually being some kind of agent. Either he's a liar or an agent. Actually he's a liar either way, but it's a nice big lie that all four of the current defendants pushed along.

So Funimation has to argue the codefendants are all a bunch of liars while still at the same time trying to defend their statements about Vic, which are only provable if you believe shit said by those people.

In any event their interests are in direct conflict.

Question for someone who knows the legal side of this:

1. Vic's deposition is scheduled for the 30th
2. The hearing for the motion to quash the deposition is scheduled for the 31st
3. Ty has said the deposition has to be rescheduled
4. How can Ty actually block the deposition without the motion to quash being decided on first? (considering that it wasn't filed within the 3 day deadline for an automatic stay)

It doesn't really matter anyway. Even if he had just flat out blown it off, the other side would have to have filed a motion to compel anyway, and the arguments would be more or less the same. The only difference is that by blowing it off, he's conceivably in a position where he's already in some kind of discovery violation and could lose and have to pay attorney fees.

That's not going to happen, though, because with or without a stay, the judge is going to decide all these issues at the same hearing and nobody would grant a motion to compel under these circumstances.

 

[Jub-Jub]

Since Funi is one of the defendants, can they bail out by settling and leave the other three to twist in the vine?

Would that even be smart since they're co-defendants they'll ALL and EACH be liable, which means Funi would have to pay whatever damages Vic gets and then they'd have to sue the other 3 for their share?

I.e., why would Ty let Funi -- who is likely the paypig in this scenario -- off the hook? If MoRon and Marchi are found to have done all this shit, and Funi is found to be liable too, it's Funi (Sony) who is gonna have to pay it out, not MoRon and Marchi.

I wouldn't expect a settlement from Funi until after their expected TCPA. Nobody has mentioned that If there is a settlement between Funi and Vic, Ty very likely gets all of the information he wants with no pushback which would be very advantageous and could cut ~1year out of proceedings. All of those internal communications, communications to RT, conventions, etc. Funi settling would be throwing everybody named and still unnamed under the bus. Funimation would still be paying out the arse for a bunch of stuff, but move most of the illegality onto other actors. For example AnOminous's quote below, a settlement drops Funi out of all of that and places Sabat (and others) directly in the pain trains path.

More than that could be argued. It could be argued, and is in fact being argued, that Funimation itself was acting through its agents. There are numerous theories of liability, and Funimation only has to lose one to be on the hook for everything. For instance, if none of these people (including the as-yet-unsued vice principal Chris Sabat) were acting directly as agents of Funimation, Funimation could have been engaging in a civil conspiracy with them. These are somewhat contradictory theories, since if Funimation itself was acting through them, it couldn't exactly conspire with itself.

 

[Takayuki Yagami]

Since Funi is one of the defendants, can they bail out by settling and leave the other three to twist in the vine?

Would that even be smart since they're co-defendants they'll ALL and EACH be liable, which means Funi would have to pay whatever damages Vic gets and then they'd have to sue the other 3 for their share?

I.e., why would Ty let Funi -- who is likely the paypig in this scenario -- off the hook? If MoRon and Marchi are found to have done all this shit, and Funi is found to be liable too, it's Funi (Sony) who is gonna have to pay it out, not MoRon and Marchi.

Because Ty is probably going on the assumption that Vic is more concerned about having a career after all this is over, and Funi can spin it to themselves and everyone else that it was rogue elements that started this if they settle and throw these fucking idiots under the bus.