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

[Far Queue]

Would BHBH be able to add wrongful termination to their pleading depending on what they get from discovery, at this point?

I think they already brought up a worse legal possibility, which is that based on the contracts with Funimation's VA's, they could be considered employees rather than independent contractors under the law. How likely that is to succeed as a legal argument, I'm not sure, but it's one hell of a gun that BHBH put to their head.

It would be bad enough to lose the case and be on the hook for potentially millions of dollars of damages, but it would be far worse to suddenly owe the IRS all kinds of back taxes for a lot of employees you've had over several years. Unlike Vic where they can try to appeal and drag out the proceedings, the IRS is going to fuck them mercilessly in the kind of way that lawyers could only dream about.

If the court even hints at examining the contracts in order to rule on that I would expect Funimation to settle immediately. The potential liability to the company is too great. I'm sure someone in accounting will do some napkin math and find out that with potential penalties, interest, etc. the amount ends up making any payout to Vic look like couch change.

 

[MysteriousStranger]

Ok that clears that up a bit, but what about the Texas white paper that's referred to? Could that play some part in the FUNI situation?

Nick has said that the Texas white paper on conducting employee investigations is a suggested framework but not a legal requirement. They could certainly use that white paper as an index of how far from adequate the investigation seems to have been, but Funi aren't in trouble simply for not following it.

 

[Evil Bunny]

True but if they are going to argue a party has control of the funds, the only one that fits that is the firm. Nick can't access them, Vic can't access them, GoFundMe can't access them and BHBH can only do so with a paper trail. And you are right, law Twitter and the defense haven't figured that out yet.

Despite Nick saying it on stream approximately 438956140910963120897419023740196861652176423 times.

 

[AnOminous]

Nick has said that the Texas white paper on conducting employee investigations is a suggested framework but not a legal requirement. They could certainly use that white paper as an index of how far from adequate the investigation seems to have been, but Funi aren't in trouble simply for not following it.

It just means the "investigation" isn't a defense and any results of it are worthless as evidence, except perhaps as evidence of how utterly false their public tweet basically calling Vic a rapist was and how they had no basis for it and were acting with reckless disregard for the truth, that is, actual malice.

 

[Tight pantaloons]

Christ, lemwaaaah sounds like every sentence he says is his last words i keep expecting to hear "tell my family i_" only for him to tragically die before getting out the words "love them." It's like a scene from a WW2 movie I'd expect Casey to drop to his knees to scream "Noooooo" or "Whyyyy"

 

[fat ugly sped]

I think they already brought up a worse legal possibility, which is that based on the contracts with Funimation's VA's, they could be considered employees rather than independent contractors under the law. How likely that is to succeed as a legal argument, I'm not sure, but it's one hell of a gun that BHBH put to their head.

It would be bad enough to lose the case and be on the hook for potentially millions of dollars of damages, but it would be far worse to suddenly owe the IRS all kinds of back taxes for a lot of employees you've had over several years. Unlike Vic where they can try to appeal and drag out the proceedings, the IRS is going to fuck them mercilessly in the kind of way that lawyers could only dream about.

If the court even hints at examining the contracts in order to rule on that I would expect Funimation to settle immediately. The potential liability to the company is too great. I'm sure someone in accounting will do some napkin math and find out that with potential penalties, interest, etc. the amount ends up making any payout to Vic look like couch change.

The actual legal standard and precedent highly suggests that they're employees. They're required to show up to Funimation's studio at specific times, to record specific lines given to them by Funimation, with editorial control and re-recording to get the lines said in the way that Funimation wants them to be said. The contractors aren't allowed to hire someone to do the work for them and must instead personally deliver the lines. There's no opportunity for profit or loss on the part of the contractors, it's pretty much a straight wage.

I'd actually suggest having Vic file a separate complaint with the IRS saying that he was misclassified and that Funimation owes back taxes on the wages he was paid. Might be worth strategically delaying until after the lawsuit so as to generate assets that Vic can seize from Monica Rial, though.

 

[AnOminous]

Christ, lemwaaaah sounds like every sentence he says is his last words i keep expecting to hear "tell my family i_" only for him to tragically die before getting out the words "love them." It's like a scene from a WW2 movie I'd expect Casey to drop to his knees to scream "Noooooo" or "Whyyyy"

People said they brought on Lemonparty to provoke Vic into getting mad and that might be the attempt, but it might also be that they want him to do shit that anyone else would get punched for, so they pick a dude who you're afraid might be killed if you even raised your voice to his puny, mosquito-beaten ass.

 

[HTTP Error 404]

Wrongful termination isn't viable in Texas. It's an at-will state, meaning you could essentially be fired for no reason, so long as they go about the required process of releasing them. Talks of the contracts are mostly trying to figure out whether the VAs were employees rather than independent contractors, meaning Funimation would be held more solidly liable for tortious actions done on their behalf.

They can fire people for no reason, but not ANY reason.

If he can show they fired him because he was Christian or to a lesser extent conservative... technically if they fired him for being male but LOL right... then he could nail them.

But no, I don't think they have THAT strong of a TCPA case. Vic isn't a public figure, and they don't have a 1st amendment right, even as a corporation, to defame an ex employee. To say nothing of the other nonsense they performed, like sharing the investigation with others, not hammering down on Monica or Marchi when they started being an HR issue, etc etc.

 

[Markorian]

They can fire people for no reason, but not ANY reason.

If he can show they fired him because he was Christian or to a lesser extent conservative... technically if they fired him for being male but LOL right... then he could nail them.

But no, I don't think they have THAT strong of a TCPA case. Vic isn't a public figure, and they don't have a 1st amendment right, even as a corporation, to defame an ex employee. To say nothing of the other nonsense they performed, like sharing the investigation with others, not hammering down on Monica or Marchi when they started being an HR issue, etc etc.

At the moment, Funi has the best case for TCPA. It's not really a slam dunk either way, but compare each side's trump card. If Funi manages to get Vic ruled as a public figure, it becomes harder for BHBH, but not impossible, especially with how the joke of an investigation pretty much constitutes reckless disregard for the truth on its own. Now if BHBH gets a ruling saying, or even brings up the possibility, that Funi's contracts are legally employee, and not independent contractor contracts, not only does Funi almost certainly lose TCPA on vicarious liability, I'd wager they're at risk of Sony outright liquidating the entire company if the IRS gets involved.

 

[Far Queue]

People said they brought on Lemonparty to provoke Vic into getting mad and that might be the attempt, but it might also be that they want him to do shit that anyone else would get punched for, so they pick a dude who you're afraid might be killed if you even raised your voice to his puny, mosquito-beaten ass.

I think Casey was sick of not being paid and wanted to try to stick someone else with the work. You just have to know that he only authenticated all of Ron's tweets in front of the judge because he didn't want to have to go through all of the work of producing them and his deadbeat clients weren't going to do jack shit.

Bets on how long until Lemonhead drags some other poor bastard into the case for just the same reasons?

 

[feral cat #6385]

It's not like he's unfamiliar with proper acting either. I recommend watching his Star Trek series, he channels Kirk about as well as anyone possibly could have. Star Trek stays within a pretty basic, traditional mode of acting, but his work would easily pass on proper TV were legal troubles not involved with that show itself.

Looks like Vic employed Method Acting to give a realistic portrayal of Kirk. One really has to give him credit for going above and beyond like that. He tried to slay pussy wherever he went just like Kirk. God bless him.

 

[Schmeckel]

After listening to the deposition streams of Nick's, it sounded to me like they essentially got nothing out of Vic other than he is kind of a bad judge of character, hooked up with some chicks while engaged, and was a police officer for a short period. Does that sound about right?

Soye's depo was much more entertaining with how weasely and smug he sounded when answering things (and how his counsel objected to nearly every question asked of him). I would get forgetting posting SOME tweets if someone tweeted all the time, but how do you forget your own handle and have no recollection of ever posting ANY of the stupid shit on his timeline? Is he gonna pull the "I was hacked!" card?

I'm interested in listening to Rial's depo if we ever get the chance to see it. Bet she throws Soye under the bus.

 

[Julia Fortune]

After listening to the deposition streams of Nick's, it sounded to me like they essentially got nothing out of Vic other than he is kind of a bad judge of character, hooked up with some chicks while engaged, and was a police officer for a short period. Does that sound about right?

Soye's depo was much more entertaining with how weasely and smug he sounded when answering things (and how his counsel objected to nearly every question asked of him). I would get forgetting posting SOME tweets if someone tweeted all the time, but how do you forget your own handle and have no recollection of ever posting ANY of the stupid shit on his timeline? Is he gonna pull the "I was hacked!" card?

I'm interested in listening to Rial's depo if we ever get the chance to see it. Bet she throws Soye under the bus.

These depositions seem to be a pretty colossal waste of time from the viewer's perspective, frankly. Vic doesn't make a show of his life, but we already kinda know who he is as a person. The other side has made 80% of their shit public on twitter, what little isn't was leaked by Nick.

 

[774]

Hi. First post here. I joined a little while ago, but I just had to pick this time when Nick started playing the depos, and it's taken me this long to catch up. Just finished the latest of the Vic depo, and GOD is Lemonhead pissing me off! I mean, I know he has to try to defend his clients, but his condescending tone is absolutely disgusting. Give me Ty almost anyone else as a conversation partner or deposer any day.

Also...

I would get forgetting posting SOME tweets if someone tweeted all the time, but how do you forget your own handle and have no recollection of ever posting ANY of the stupid shit on his timeline?

What a weasel. But refusing to even properly answer some of the questions is really bad, right? Especially considering he way overplayed the selective memory card. I hope the judge reams him out for that.

 

[ES 195]

I'd be surprised if they keep trying for the sex addict angle after learning the man hired his first prostitute around his mid 40's. He may have been slaying but being opportunistic and being addicted are two very different things.

 

[I can't imagine]

After listening to the deposition streams of Nick's, it sounded to me like they essentially got nothing out of Vic other than he is kind of a bad judge of character, hooked up with some chicks while engaged, and was a police officer for a short period. Does that sound about right?

Soye's depo was much more entertaining with how weasely and smug he sounded when answering things (and how his counsel objected to nearly every question asked of him). I would get forgetting posting SOME tweets if someone tweeted all the time, but how do you forget your own handle and have no recollection of ever posting ANY of the stupid shit on his timeline? Is he gonna pull the "I was hacked!" card?

I'm interested in listening to Rial's depo if we ever get the chance to see it. Bet she throws Soye under the bus.

I believe Nick will be showing Rial's depo on stream tonight, or at least the first part of it. Be warned if you've never heard Monica before, many people find her voice...difficult to listen to for long periods. I believe I've heard the term "screeching harpy" used before to describe it, and that was well before the whole KickVic thing started.

 

[Cakeisjustok]

I believe Nick will be showing Rial's depo on stream tonight, or at least the first part of it. Be warned if you've never heard Monica before, many people find her voice...difficult to listen to for long periods. I believe I've heard the term "screeching harpy" used before to describe it, and that was well before the whole KickVic thing started.

Also seems to indicate that Amazon Prime is gonna do the depo and not Ty. Should be fun.

 

[774]

Also seems to indicate that Amazon Prime is gonna do the depo and not Ty. Should be fun.

Didn't Nick/Ty say something about her doing depositions a long time ago? Actually, I had the impression she would be doing both (all?) of them.

 

[Julia Fortune]

I believe Nick will be showing Rial's depo on stream tonight, or at least the first part of it. Be warned if you've never heard Monica before, many people find her voice...difficult to listen to for long periods. I believe I've heard the term "screeching harpy" used before to describe it, and that was well before the whole KickVic thing started.

It can't be worse than when she's voicing anime characters... right?

 

[Make Anime Illegal]

Didn't Nick/Ty say something about her doing depositions a long time ago? Actually, I had the impression she would be doing both (all?) of them.

Iirc Ty said he usually hands off litigation to Jim and the Amazons.