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

[GethN7]

This is an important point. Vic did not say anything after the accusations came out. However, he has fans and lines at conventions, so even if it’s just autists, there are people following his career. He has a fan club. The definition of a public figure appears to have evolved quite a bit from its original intention. The court originally found Lane to be a public figure, then changed to limited purpose public figure after some back and forth. I bet Vic will (unfortunately) be found to be a public figure based on a similar standard - although the defense’s lawyers are so inept, it would basically be a kindness from Judge Chupp. It’s okay though - actual malice will be easy to prove.

If Chupp applies the same base standard and applies public figure determination to prior to this can of worms being opened, my guess is limited public figure at most.

Vic is not someone whose face is plastered on glossy magazines and headlines AAA movies with recognizable frequency. Most of his professional portfolio takes places at a remove from the public eye, he does so through the alias of the character he voices, or his roles are done in an amateur or minor capacity.

You could argue he's famous within the niche communities that follow that sort of thing and that would likely hold, but he's not a name the average person would likely drop in a casual conversation.

 

[Cakeisjustok]

I think limited public figure is more likely. Though, as you said, it probably won't be hard to prove malice for any of these defendants; even Funimation isn't impossible, nor do I think difficult.

The limited public figure angle I think is still hard to prove since the defamation came before Vic made any statement.

 

[fat ugly sped]

If Chupp applies the same base standard and applies public figure determination to prior to this can of worms being opened, my guess is limited public figure at most.

Vic is not someone whose face is plastered on glossy magazines and headlines AAA movies with recognizable frequency. Most of his professional portfolio takes places at a remove from the public eye, he does so through the alias of the character he voices, or his roles are done in an amateur or minor capacity.

You could argue he's famous within the niche communities that follow that sort of thing and that would likely hold, but he's not a name the average person would likely drop in a casual conversation.

I also suspect that whether or not Vic can show a prima facie case of actual malice will come into play for practical reasons. If Judge Chupp rules Mr. Mignognia a non-public figure and uses that as the basis to deny the TCPA, that gets appealed and adds additional costs. If he can deny the TCPA under the stricter standard of a public figure, he'll do so in order to make appeals courts less likely to review the motion. BHBH is likely to have an argument of the form "Vic isn't a public figure, and alternatively if he is, this is our prima facie case for actual malice". If the judge agrees with both forks, he can choose the one that is less vulnerable to appeal.

 

[The Demon Pimp of Razgriz]

The limited public figure angle I think is still hard to prove since the defamation came before Vic made any statement.

I was mostly basing my conclusion on his past work and relatively limited fame. But even I think there is a chance he isn't a public figure at all.

 

[General Relativity QM]

The limited public figure angle I think is still hard to prove since the defamation came before Vic made any statement.

This is why the defense is citing rumor panels and such. They are trying say that there was controversy before the tweets, and Vic was involved in the controversy. Thus, he is at least a limited purpose public figure. I think it is probable that a judge will find him as such, but I wouldn't.

Does a high schooler who calls his friends together to denounce a rumor count as injecting himself (herself) into a controversy? I would say no. If a rumor response counts as injecting oneself into a controversy, then there is hardly anyone who is not a limited purpose public figure in any defamation case. The consequence of shutting up would actually increase the damages suffered by plaintiffs in these cases. So, it would not serve justice for the defendants either if the act of merely responding to rumor counts as interjecting into a controversy.

Vic has fans, but would anyone who has a following in a niche community be a public figure then? If you are popular at your local bowling alley or happen to be a minor league baseball player or if you are an actor at your local community theater, are you a public figure? I am not so sure this is the way the law was meant to be used. I think it requires the ability to affect public policy, which Vic cannot do in any meaningful way otder than as a private citizen.

All in all, it seems like a bunch of attention hungry artist formed a mean girls (guys - soybois) clique, and there was a good looking guy who was popular and had all eyes on him. They wanted what he had, and they were jealous. So, in order to bring him down to their level, they spotted every flaw. They would talk about something negative about him in their circles to feel better. This became rumor. Rumor became gospel truth to them. Then, when they reconstruct their memories, they incorporate their now totally true rumors into their memories. Vic was always like that to them not even realizing that Vic became that only in their minds after the fact. I hypothesize this is the reason why some don't report assaults; at the time it wasn't. It became one later after the fact.

This reminds me of high school so much. My GF and I watched 10 Things I Hate about You recently. What they are doing is very much like how Heath Ledger's character got his reputation. Rumor... The truth was very different than the rumor - and frankly less interesting. Generally, people learn not to put too much faith in rumors when they become adults. Imagine being in your 40s and 50s with the maturity level of a high schooler. For the defendants, they don't have to imagine.

We all have to take responsibility for our decisions. And while my heart breaks for victims of assault, they must also take responsibility for their actions and decisions when they chose NOT to report the assault when (or very near) it happened. One of the consequences is that someone guilty might get away with what they did to you. Another is that people won't believe you. Being an adult is not easy. Very rarely are we given a choice between something completely good and something completely evil. Most of the time it is varying degrees of shitty. But, you chose the path that you did.


Defendants need to take responsibility for their own actions in destroying Vic's life. Even if part of what they say is true, and Vic himself knows he has character flaws, he doesn't deserve what happened, and frankly, defendants don't deserve what they are doing to themselves. Vic is more popular than ever right now. His fans are going to hear his name and support him in whatever he does. The worst case for Vic is that it is a little harder to get some jobs. Defendants don't realize they already lost the war. There has not been any allegation that will make his supporters turn from him. Defendants are the only ones who stand to lose something at this point. Even if they get the GFM, it doesn't really hurt Vic. Being self-righteous isn't going to serve your best interest. The KickVic people will still think he is guilty - regardless of the outcome, and the IShandWithVic people will still be on Vic's side. A judge's ruling isn't going to change the way people think. But, it might change the employee status of VAs. It might cost the defense a lot more than they imagine. It might tarnish their credibility more. It might cost them fans as they learn more about them. What does Vic care? You're trying to kick him out of the community. If it burns as he leaves, well... What does he lose? So why bother? This is why Nick says that he already got what he wanted for Vic. I agree. Somehow, I doubt petty mean girls and soybois will suddenly mature into functioning adults.

 

[RodgerDodger]

I also suspect that whether or not Vic can show a prima facie case of actual malice will come into play for practical reasons. If Judge Chupp rules Mr. Mignognia a non-public figure and uses that as the basis to deny the TCPA, that gets appealed and adds additional costs. If he can deny the TCPA under the stricter standard of a public figure, he'll do so in order to make appeals courts less likely to review the motion. BHBH is likely to have an argument of the form "Vic isn't a public figure, and alternatively if he is, this is our prima facie case for actual malice". If the judge agrees with both forks, he can choose the one that is less vulnerable to appeal.

Somebody correct me if I am wrong, but From what I can find, actually getting a Texas appeals court to overturn a trial courts ruling on TCPA seems beyond a long shot and nearing ?Black Swan territory.

 

[HTTP Error 404]

With Lemonbrade's latest filing re: Rekieta, this has gone past pants on head crazy. The pants are now on the badger who is on the head of the case that's riding a neon pink unicycle through a battle between mimes and scooter-bound paraplegics.

Wait, was there a new filing?

 

[PrinceofAllCucks]

Wait, was there a new filing?

The MoRonica TCPA essentially had sections dedicated to shitting on Nick.

 

[774]

If the judge agrees with both forks, he can choose the one that is less vulnerable to appeal.

Is it possible for the court to state opinions concerning both possibilities? Would that be against judicial economy?

 

[Facts Over Feels]

It's a shared fact between the cases. I doubt the court will make inconsistent findings even if one or more or even all of the defendants are incompetent. It's actually somewhat surprising Lane v. Phares is barely mentioned. It's a remarkably good fit for the facts of the case and the plaintiff lost in that case after being found to be a public figure. You think they'd be thumping on that case like it's the Bible.

Even fucking Douchette has mentioned it repeatedly.

Does it make a difference that If Vic is even a imited purpose public figure, then certainly it would seem that Rial and Marchi would be as well? Can it be argued that their words would carry more weght in public because of it?

 

[Sheryl Nome]

Does it make a difference that If Vic is even a imited purpose public figure, then certainly it would seem that Rial and Marchi would be as well? Can it be argued that their words would carry more weght in public because of it?

no not really.

 

[N1bbaN3rd]

I think limited public figure is more likely. Though, as you said, it probably won't be hard to prove malice for any of these defendants; even Funimation isn't impossible, nor do I think difficult.

I'm inclined to agree. After reading the test that is employed to determine limited public figure status, I'm having difficulty seeing how BHBH could argue against it.
Vic's near non-participation in the controversy (outside of the statements that KV keep claiming are an admission of guilt) is the only thing working in Vic's favor.

 

[Markorian]

I'm inclined to agree. After reading the test that is employed to determine limited public figure status, I'm having difficulty seeing how BHBH could argue against it.
Vic's near non-participation in the controversy (outside of the statements that KV keep claiming are an admission of guilt) is the only thing working in Vic's favor.

"Voluntary and prominent participation" might be a good angle to attack it from.

 

[wickedlilium]

I'm inclined to agree. After reading the test that is employed to determine limited public figure status, I'm having difficulty seeing how BHBH could argue against it.
Vic's near non-participation in the controversy (outside of the statements that KV keep claiming are an admission of guilt) is the only thing working in Vic's favor.

Vic hasn't really done much to be apart of the whole thing. You can use Sandmann in the Covengton case as an example. He was ruled as not being a limited time public figure even after he did some interviews related to the case.
Vic only addressed the situation in a way that should've lead anyone (sane at least) that he's not getting involved in the situation, which is the opposite of being a temporary public figure.

 

[N1bbaN3rd]

"Voluntary and prominent participation" might be a good angle to attack it from.

Without reading more details of that cited case, you may be right.
The person in that case may have been running their mouth off in response to the allegedly defamatory statements (the plaintiff in that case is a woman, so I'd be surprised if she didn't).
It could be why the subject of "rumor panels" were brought up during the deposition.
MoRon are desperate to prove that Vic has been actively "thrusting himself" into controversies surrounding him.
The reality is that hoes are mad that Vic hasn't been thrusting himself into them.

 

[NotaLolyer]

I sincerely doubt Judge Chupp, a no nonsense small Tarrant County Judge, is going to be one to overstep the boundaries of the law and declare Vic a public figure setting new precedent to what or who is a public figure under the current definition.

Anything could happen, but that’s mostly our way of conceding that we COULD be wrong, that doesn’t mean we are wrong but at least we have more decency than the clearly biased twitter Lolyers.

 

[mindlessobserver]

With regards to public figure talk it's likely Vic is not a public figure for the exact same reason the CEO of Southern State Cooperative, a farm supplies company is a public figure.


QUICK WHO IS THE CEO OF SOUTHERN STATES! THINK FAST!

Spoiler

its Jeff stroberg, if you care to care

Unless you are involved in the farming industry or are for whatever autistic reason fascinated with the manufacturing of fertilizer, it is unlikely you would know or care who the CEO of that company is. Even though he supplies pretty much exclusively much of the farming industry to the American southeast, is almost certainly worth waaaaay more then Vic Mignogna and for people fascinated by farming is known by face and name.

But he is not a public figure. For the same reason Vic is not a public figure. Unless you are directly tied to the industry or are weirdly obsessed with it you wont know the dudes name even if he walked up and punched you in the face.

 

[774]

So it turns out Johnson made an acrostic aimed at Nick in Marchi's TCPA. That's... wow. And apparently there have been others?

EDIT: Or was it Marchi herself??

 

[ErbBetaPatch]

So it turns out Johnson made an acrostic aimed at Nick in Marchi's TCPA. That's... wow. And apparently there have been others?

EDIT: Or was it Marchi herself??

The other he was referring to was the lolsuit

 

[KE 521]

With regards to public figure talk it's likely Vic is not a public figure for the exact same reason the CEO of Southern State Cooperative, a farm supplies company is a public figure.


QUICK WHO IS THE CEO OF SOUTHERN STATES! THINK FAST!

Spoiler

its Jeff stroberg, if you care to care

Unless you are involved in the farming industry or are for whatever autistic reason fascinated with the manufacturing of fertilizer, it is unlikely you would know or care who the CEO of that company is. Even though he supplies pretty much exclusively much of the farming industry to the American southeast, is almost certainly worth waaaaay more then Vic Mignogna and for people fascinated by farming is known by face and name.

But he is not a public figure. For the same reason Vic is not a public figure. Unless you are directly tied to the industry or are weirdly obsessed with it you wont know the dudes name even if he walked up and punched you in the face.

True, but I don’t know who the hell that crazy opera singer is either, and the court declared her a public figure then revised it to limited purpose. So it’s possible based on history. I agree that based on the original definition Vic is NOT a public figure but that Lane case made me wonder about how that definition has evolved over time. I’m sure that BHBH is preparing for the worst-case scenario and will have no problem at all proving actual malice.

I also agree that it’s nice to have a reasonable discussion about the facts without any Twit and Er, LP scREEching.