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

[TheClappening]

A number of people have stated 'the weakest case is against funimation' to paraphrase. I suggest watching this video from Nick R. At the beginning of this thing,

YouTube

youtu.be

That said hes talking in terms of ministoa. I'm not a lawyer/offering advice, but should that concept apply in Texas funimation has by far the weakest case against them.

How do you figure? While, yes, the case is weaker than 400+ tweets Missus Toye, Monica, and Marchi, Funimation made a very public statement that a reasonable person would infer that Vic was fired for harassment. You also have to consider the fact that they started to delete Vic from credits on Amazon and iTunes, and removed his interview bonus material from the Super Broly BDs, which could be viewed as malice. And that's only the public information. Who knows what can be found in discovery.

 

[Slab Bulkhead]

How do you figure? While, yes, the case is weaker than 400+ tweets Missus Toye, Monica, and Marchi, Funimation made a very public statement that a reasonable person would infer that Vic was fired for harassment. You also have to consider the fact that they started to delete Vic from credits on Amazon and iTunes, and removed his interview bonus material from the Super Broly BDs, which could be viewed as malice. And that's only the public information. Who knows what can be found in discovery.

While yes, removing the credits and his interview bonus material can be viewed as malice and by no stretch a dick move, it's neither defamatory nor is it TI. And depending on what the official reasoning for his termination is determines whether it's defamatory or not. If their official statement in the books is "Terminated following an investigation into harassment" Then yeah that would fit the bill. If the reasoning is listed as "Failure to cohere to company policy" then that might give them a bit of wiggle room. Though the "We do not tolerate harassment" was a dumb thing to say and they should have just left it at "Vic Mignogna no longer works with Funimation."

That's in regards to their (Funimation's) statements. In regards to what percentage of damages they are considered liable for not wrangling in the spergs that are Monica, Ron, and Jamie is yet to be seen and will be up to the courts to decide.

 

[repentance]

How do you figure? While, yes, the case is weaker than 400+ tweets Missus Toye, Monica, and Marchi, Funimation made a very public statement that a reasonable person would infer that Vic was fired for harassment. You also have to consider the fact that they started to delete Vic from credits on Amazon and iTunes, and removed his interview bonus material from the Super Broly BDs, which could be viewed as malice. And that's only the public information. Who knows what can be found in discovery.

It was the juxtaposition of Funi's tweets which might lead a reasonable person to infer that Vic was fired for one of the reasons listed in the second tweet. There's nothing to specifically imply it was harassment rather than, say, racism or homophobia.

 

[RodgerDodger]

While yes, removing the credits and his interview bonus material can be viewed as malice and by no stretch a dick move, it's neither defamatory nor is it TI. And depending on what the official reasoning for his termination is determines whether it's defamatory or not. If their official statement in the books is "Terminated following an investigation into harassment" Then yeah that would fit the bill. If the reasoning is listed as "Failure to cohere to company policy" then that might give them a bit of wiggle room. Though the "We do not tolerate harassment" was a dumb thing to say and they should have just left it at "Vic Mignogna no longer works with Funimation."

That's in regards to their (Funimation's) statements. In regards to what percentage of damages they are considered liable for not wrangling in the spergs that are Monica, Ron, and Jamie is yet to be seen and will be up to the courts to decide.

The problem with funi is while they have the fewest direct causes of action, they have the most impactful on the Plaintiff. And yes the funi tweets as the ex employer are very clearly TI with Prospective Business. If there is ANY contact by funi agents with Rooster Teeth, Funi is fucked.

 

[Slab Bulkhead]

The problem with funi is while they have the fewest direct causes of action, they have the most impactful on the Plaintiff. And yes the funi tweets as the ex employer are very clearly TI with Prospective Business. If there is ANY contact by funi agents with Rooster Teeth, Funi is fucked.

The issue with TI comes from whether or not the intent behind the tweets can be proven. If it can be proven the tweets were made with the intent to interfere with Vic's future work, then it becomes TI. If intent cannot be solidified then it becomes more a tort of negligent interference (where even if it was -not- intended, the statements have interfered with Vic's work).

While I have no doubts that the three stooges are acting by malice in their defamation and interference, Funimation's problems are seem to mostly stem from incompetence more than anything. While I don't think they'll get off unscathed, Funimation could easily minimize damages by simply throwing all the rogue agents under the bus, that includes those we know of, and those we don't.

And with people starting to see that Rial and company are -not- the superstars/cash cows they thought they were, I wouldn't be surprised if the new GM starts cutting its losses.

Edit:
I also want to state that I do not think Funimation is totally innocent or that their -only- fault is incompetence, just stating that the case against them is the weakest due to it being the hardest to really prove and nail down with current evidence and has the easiest 'get out of jail free cheap' card.

 

[Urbanmech]

The issue with TI comes from whether or not the intent behind the tweets can be proven. If it can be proven the tweets were made with the intent to interfere with Vic's future work, then it becomes TI. If intent cannot be solidified then it becomes more a tort of negligent interference (where even if it was -not- intended, the statements have interfered with Vic's work).

While I have no doubts that the three stooges are acting by malice in their defamation and interference, Funimation's problems are seem to mostly stem from incompetence more than anything. While I don't think they'll get off unscathed, Funimation could easily minimize damages by simply throwing all the rogue agents under the bus, that includes those we know of, and those we don't.

And with people starting to see that Rial and company are -not- the superstars/cash cows they thought they were, I wouldn't be surprised if the new GM starts cutting its losses.

Edit:
I also want to state that I do not think Funimation is totally innocent or that their -only- fault is incompetence, just stating that the case against them is the weakest due to it being the hardest to really prove and nail down with current evidence and has the easiest 'get out of jail free cheap' card.

Gotta keep in mind we don't have all the info BHBH does. I mean for all we know they have one Con Owner giving them testimony/texts that a Funi Employee other than the 3 talked to them about Vics investigation.

 

[The Wisdom of Bassets]

I think you're being overly optimistic. Even if Funi were to settle, they bad actors can still do gay ops behind the scenes and finally become wise enough not to do it in open comms. That's why Vic is suing for so much money. They've permanently harmed him, and the bad actors who haven't been or neverr will be served can continue to harm him through the whisper network.

Oh I agree thats an optimistic take on it. Thus my comment..."All this is possible. 'Probable' is another thing entirely, but if Funi wants an easy out, Whoomp! there it is. " As for the behind the scenes types, I have to think that their machinations would have an entirely different outcome when they know that their SOP business as usual cooperation from Funi is no longer as easy as it once was. Especially with the hindsight that people really do end up in court now when they play stupid games.

Now granted, these ARE exceptional individuals so they may well keep on keepin' on. But the rules of the game are now very different regardless. With Matsuri now in play, legally speaking, people may begin seeing that actions do indeed have consequences.

 

[Slab Bulkhead]

Gotta keep in mind we don't have all the info BHBH does. I mean for all we know they have one Con Owner giving them testimony/texts that a Funi Employee other than the 3 talked to them about Vics investigation.

Hence why I said "with current evidence". All we can do is speculate with what we have and propose guesses based off of limited information. For all we know Funimation or Jamie could already be in talks with Ty and spilling the beans, or it could be Funi/Rial actually do have critically damning evidence to the case that they're sitting on (though I highly doubt it or it would have come out ages ago since MoRon seem unable to keep quiet about anything.)

 

[AnOminous]

While yes, removing the credits and his interview bonus material can be viewed as malice and by no stretch a dick move, it's neither defamatory nor is it TI.

Actions accompanying defamatory statements provide it context and meaning, and in the context of firing him amidst allegations of sexual misconduct which they confirmed in a tweet, memory-holing his name entirely, something they didn't even do to a convicted pedophile, has to be interpreted in that context and is an act which conveys a message with further defamatory meaning.

 

[knux]

Ty should be suing for some 10+ years of projected income because at this point in time, Vic might have to found his own voice acting studio or even change careers completely. I think we all here hope he manages to find a way to continue doing what he loves doing but there is a very real possibility that the damage done is too permanent for this to be possible, not to mention the ongoing stigma even if he wins the lawsuit, which he just might rather not have to suffer at all every single day of his potential voice acting career.

I don't know but I imagine dubbing is a very small niche in the US and he's already hated by a very vocal minority who is only going to grow more ripe the more successful this lawsuit is. It's going to be hard to re-enter the industry after all of this, unless he decides to build his own thing, isolated from that toxic crowd, with enough money to make it stand on its own without having to rub too many shoulders with other VAs and the companies and cons that work with them.

Are there any limits or "averages" for damages in this type of case? I don't think you could argue that the defendants get to pay for the entire life of the defendant due to a ruined career but I'm damn sure Ty is gonna tard cum it as far as he possibly can!

I think that's why the number Vic is seeking, is so high. This has caused him so much damage to his career, I think he will have no choice but to bow out and start his own studio. This is lost potential income and start up costs.

What if Vic wins and gets such damages, that it does take down Funimation? Sure, he gets vindicated and the courts prove he didn't do the things MoRon etc claim he did. But will people hire him after he sues a company into oblivion? They might not be willing to take the risk. I too hope that he can get back to doing what he obviously loves doing. But I worry that it's gone way too far.

 

[KittyLoaf]

Actions accompanying defamatory statements provide it context and meaning, and in the context of firing him amidst allegations of sexual misconduct which they confirmed in a tweet, memory-holing his name entirely, something they didn't even do to a convicted pedophile, has to be interpreted in that context and is an act which conveys a message with further defamatory meaning.

While Vic likely doesn't qualify as a public figure, these actions show malice, to me.

 

[RodgerDodger]

Gotta keep in mind we don't have all the info BHBH does. I mean for all we know they have one Con Owner giving them testimony/texts that a Funi Employee other than the 3 talked to them about Vics investigation.

I’m willing to bet they have more than one Con owner. It’s pretty obvious they got a real time info dump from Kamehacon. I’m thinking Anime Matsuri has unquestionably handed over any communications they received from the players as well. P,us we’ve had hints of a few others.

 

[repentance]

I’m willing to bet they have more than one Con owner. It’s pretty obvious they got a real time info dump from Kamehacon. I’m thinking Anime Matsuri has unquestionably handed over any communications they received from the players as well. P,us we’ve had hints of a few others.

Don't forget Bubba Fest. The guy from there said on Nick's show that he'd personally received messages regarding Vic and he knew he wasn't the only one.

 

[AnOminous]

While Vic likely doesn't qualify as a public figure, these actions show malice, to me.

Malice in defamation is simply reckless disregard for truth without regard to motive.

 

[repentance]

I really, really want to read the investigation report. I want to know what triggered it and also its scope - and especially whether allegations about other people were made but not acted upon.

 

[TheClappening]

I think that's why the number Vic is seeking, is so high. This has caused him so much damage to his career, I think he will have no choice but to bow out and start his own studio. This is lost potential income and start up costs.

What if Vic wins and gets such damages, that it does take down Funimation? Sure, he gets vindicated and the courts prove he didn't do the things MoRon etc claim he did. But will people hire him after he sues a company into oblivion? They might not be willing to take the risk. I too hope that he can get back to doing what he obviously loves doing. But I worry that it's gone way too far.

That's the thing. Vic literally had no choice. His career was shot, as evidenced by almost every con booting him and being let go from two major animation companies. Social media is rife with how he's creepy or a harasser or a rapist. Shane's "all he needs is a PR firm!" was bullshit; no one would hire or invite a sexual predator. Look at Scott Freeman, convicted pedophile: No one gives a fuck about him anymore. None of his peers, either because they believe the allegations or are afraid from backlash, have stood beside him. Well, except for Reuben Langdon, but this is a man who survived getting shot at in South America; I doubt mean twitter words affect him much and Iago probably has no claws in him.

Vic's only option beside stepping into a noose (figuratively or literally) was to take these people to court and try to salvage his reputation and career. Ideally, he'd hope for a net zero and he'd get his old invites and jobs again. If not, he gets enough money to play with. I keep making the joke we might see the rise of Mignognamation after this suit.

Which is the really shitty part of this whole situation. He's just a man who wants to do cartoon voices, geek out over Star Trek, and give warm hugs to fans. He never wanted to do any of this, but the defendants didn't give him a choice.

I really, really want to read the investigation report. I want to know what triggered it

Back in 2018 Monica discovered she only had 15 ounces of jelly beans in her bowl when she had poured in 16.

 

[Capsaicin Addict]

At this point I'm convinced Ty is playing 10D chess with his Mensa brain.


Top-CEC is already confirmed to have made grown men cry, so I can see it happening.


Top-CEC already threatened to kill a man who wouldn't stop being sexist to her in court, so I know who'd win.

Now there's a story I'd love to hear. I know the 'stronk wimmen' bullshit tends to grate on farmers' nerves, but it's always fun when you run across the genuine article: a woman of steel nerves and titanium will.

 

[Mrtrollenski]

How do you figure? While, yes, the case is weaker than 400+ tweets Missus Toye, Monica, and Marchi, Funimation made a very public statement that a reasonable person would infer that Vic was fired for harassment. You also have to consider the fact that they started to delete Vic from credits on Amazon and iTunes, and removed his interview bonus material from the Super Broly BDs, which could be viewed as malice. And that's only the public information. Who knows what can be found in discovery.

We’re in agreement, I was specifically referencing those who keep saying his case against funimation is weak. Even if they had kept the reason for his firing private, he’d have a strong ass case against them.

 

[5t3n0g0ph3r]

Well, except for Reuben Langdon, but this is a man who survived getting shot at in South America; I doubt mean twitter words affect him much and Iago probably has no claws in him.

Now, this is a long-shot, but a disturbing factor to take into account: Charlene Ingram, the wife of Adam Sheehan (Event Director at Crunchyroll and VRV, former Funimation employee, and Todd Haberkorn's "friend"), works at Capcom as the Fighting Games Brand Director. The question then remains regarding how much clout she has in Capcom. If it's high enough, Langdon might be in trouble.

 

[Wake me up]

What if Vic wins and gets such damages, that it does take down Funimation?

It's more likely that he can really hurt them but I don't think straight up taking them down could happen - and even if it did, Sony would just open their wallets, say "how much do you need son" and then they'd be up an running again in no time flat.

will people hire him after he sues a company into oblivion?

Might be optimistic but I think it's different. If people call you a sexual predator, it sticks because people are dumb and take things at face value so even if he wins the lawsuit, that stigma is not going away anytime soon and very possibly never going away at all. With business deals though, I would like to imagine most competent business owners have a more distinguished outlook and could discern between "sued a company for defamation of character once" and just a happy trigger individual prone to frivolous and abundant lawsuits - which Vic isn't.

For example: if I sue the city I live in because they put my house on fire or something, I like to believe a competent Human Resources department wouldn't see it as a red flag when deciding to hire me because "I could sue the company because apparently I like to sue everyone". You know what I mean? I have to believe not everyone is as retarded as Ron Soye and Shane, especially not in business.

Vic may have ended up with the "sexual predator" label on him that is not going away from his personal life and as an individual. I don't think winning this lawsuit is going to label him as "dangerous to work with" - except on the circles where he's already been judged and convicted of much worse without a fair trial, so it really doesn't matter as far as they're concerned.