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

instythot · Jul 23, 2019

MustachioedHipster said:
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.

I think the main difference between Vic and the opera singer is that the opera singer personally performs in public, putting her face out there with each performance. The opera singer seems to, or at least has been implied to, actively trade on opera recognition to drum up ancillary business such as the teaching. In the anime context, people have to actively investigate credits and then google names to find out who Vic is. Even if you expand this, radio jingles and Christian worship music are essentially anonymous and come off as unrelated income streams.

It could go either way, but there's a decent argument to be made for private individual

Capsaicin Addict · Jul 23, 2019

774 said:
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??

Yeah, and somehow this is 'lol we totally owned you'.

Yes, it's clever and cute, but this isn't Twitter, little girl. Playing these kind of goofball games in court is a great way to piss off the judge.

instythot · Jul 23, 2019

Capsaicin Addict said:
Yeah, and somehow this is 'lol we totally owned you'.

Yes, it's clever and cute, but this isn't Twitter, little girl. Playing these kind of goofball games in court is a great way to piss off the judge.

I thought the acrostics would be in the 500 page garbage dump... or maybe we just haven't found them yet. Based on how Ronnie and Monnie presented themselves at depositions, I'd expect something like "haha we're totally lying and you can't do anything about it"

Francis York Morgan · Jul 23, 2019

instythot said:
I thought the acrostics would be in the 500 page garbage dump... or maybe we just haven't found them yet. Based on how Ronnie and Monnie presented themselves at depositions, I'd expect something like "haha we're totally lying and you can't do anything about it"

The reason we know about this is because Marchi was so proud of the inclusion that she needed Sabat's cum dumpster to broadcast it to everyone. I guarantee that if MoRon had Lemoine hide little love letters to Nick in their trash heap of a TCPA then they'd have Cuck Lightyear pointing it out to everyone. So I'm guessing that there's nothing.

Loose Handle · Jul 23, 2019

instythot said:
I thought the acrostics would be in the 500 page garbage dump... or maybe we just haven't found them yet. Based on how Ronnie and Monnie presented themselves at depositions, I'd expect something like "haha we're totally lying and you can't do anything about it"

If it was in the 500 dumpster fire, it would have been "PLEASEHELPMYCLIENTSAREINSANEANDFORCINGMETOWRITETHISSHIT."

RodgerDodger · Jul 23, 2019

Francis York Morgan said:
The reason we know about this is because Marchi was so proud of the inclusion that she needed Sabat's cum dumpster to broadcast it to everyone. I guarantee that if MoRon had Lemoine hide little love letters to Nick in their trash heap of a TCPA then they'd have Cuck Lightyear pointing it out to everyone. So I'm guessing that there's nothing.

The major difference is, if taken in isolation Sam’s little acrostic would be viewed as clever humor by the Judge and any involved. It’s poking fun at Nick, a non party that everyone is aware of. It’s doing so in an inoffensive way. And Judges, as people who spend all day, every day, examine and researching subtle uses of language, tend to get a chuckle out of clever word play. Where it becomes an issue is it is attached to the client. Who has already proven to have the temperament, common sense, and behavior of Middle Schooler. And it just reinforces that perception. Better to have left it for people to find naturally than to have it publicly broadcast within moments of submission by a moronic costhot.

Kosher Salt · Jul 23, 2019

MustachioedHipster said:
If the same standard is used, it sounds like Vic could be a limited purpose public figure. He’s arguably more recognizable than that crazy opera bitch.

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

N1bbaN3rd said:
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.

In the question of whether someone is a limited-purpose public figure, it matters very much what that "limited purpose" is. The limited purpose is a subject of public concern which they have voluntarily thrust themselves into in order to influence it. When someone is a limited-purpose public figure, the actual malice requirement only applies to matters which are directly related to the subject for which they are a limited-purpose public figure; it's limited in the same way that the public figure is limited. For other subjects, they're still a private figure, and there's no requirement for them to show actual malice.

It's pretty easy to see that Vic is a limited-purpose public figure for the specific purpose of his status as a voice actor in anime, but the question is whether the accusations of sexual assault are related to that subject - him being a voice actor. The defendants would likely try to argue that the accusations are related to him being a voice actor because they concern events which allegedly happened within that context, but I'm not necessarily sure that argument succeeds. I would argue that those are general accusations and aren't limited to his voice acting work; they affect his reputation in general, not just his reputation as a voice actor. The accusations aren't limited the way that Vic's public figure status is limited.

Make Anime Illegal · Jul 23, 2019

MoRon's hearing scheduled for 1:30 August 8th. Same time as Funimation's TCPA hearing.

Far Queue · Jul 23, 2019

Another thing that came up again last night on Nick's stream was the question about Ron and Monica filing together even though they're separate parties. When Ty was on Nick's stream he mentioned that as strange as well, including the possibility of bringing that up with the court to make them file separate motions.

I also recall that this was discussed quite a while back as well when people brought up the possibility of Ron or Monica turning on everyone else if it became in their best interest. I think @AnOminous mentioned that if it came to that, they would both likely need to retain new lawyers, but I can't remember if that's what was said or not.

Now, assuming that Ty goes that route, how might that play out? I can imagine that both Casey Erick and Führer J. Sean Lemoine would be delighted to have a sudden emergency exit and would gladly take it. The only reason I can see him avoiding going this route is that it would complicate any later hearing for their discovery abuse. I would assume that the court would want to give them time to find new counsel, etc.

Astro Galactic Megalul · Jul 23, 2019

Far Queue said:
When Ty was on Nick's stream he mentioned that as strange as well, including the possibility of bringing that up with the court to make them file separate motions

Which would mean that they'll have to spend on paperwork even more money that they don't have, which is of course a good thing. Do I understand it correctly?

ErbBetaPatch · Jul 23, 2019

Maybe by filing one motion for the both of them they'll just cop to conspiracy.

Mrtrollenski · Jul 23, 2019

Far Queue said:
Another thing that came up again last night on Nick's stream was the question about Ron and Monica filing together even though they're separate parties. When Ty was on Nick's stream he mentioned that as strange as well, including the possibility of bringing that up with the court to make them file separate motions.

I also recall that this was discussed quite a while back as well when people brought up the possibility of Ron or Monica turning on everyone else if it became in their best interest. I think @AnOminous mentioned that if it came to that, they would both likely need to retain new lawyers, but I can't remember if that's what was said or not.

Now, assuming that Ty goes that route, how might that play out? I can imagine that both Casey Erick and Führer J. Sean Lemoine would be delighted to have a sudden emergency exit and would gladly take it. The only reason I can see him avoiding going this route is that it would complicate any later hearing for their discovery abuse. I would assume that the court would want to give them time to find new counsel, etc.

I not a lawyer and this is pure speculation from watching the streams but both ty and Nick have said the 1st step in these cases is to overcome TCPA and then settlement typically occurs.

Strategically once TCPA is overcome for Funimation, Moron, and Marchi they will no longer have incentive to back each other. Once this becomes a "real" lawsuit Sony is most likely to get involved and shitcan whoever is responsible for opening them up to a million dollars of liability. No longer having work prospects at Funi, moron and marchi will most likely fold and play ball.

This is where toye and Monica having separate council really matters. Until then, both of them have sufficient motive to back funi.

Kosher Salt · Jul 23, 2019

Far Queue said:
I also recall that this was discussed quite a while back as well when people brought up the possibility of Ron or Monica turning on everyone else if it became in their best interest. I think @AnOminous mentioned that if it came to that, they would both likely need to retain new lawyers, but I can't remember if that's what was said or not.

Now, assuming that Ty goes that route, how might that play out? I can imagine that both Casey Erick and Führer J. Sean Lemoine would be delighted to have a sudden emergency exit and would gladly take it. The only reason I can see him avoiding going this route is that it would complicate any later hearing for their discovery abuse. I would assume that the court would want to give them time to find new counsel, etc.

They would have to. A lawyer who has represented both MoRons in this case could not ethically take a side against one of them in it.

NotaLolyer · Jul 23, 2019

Make Anime Illegal said:
MoRon's hearing scheduled for 1:30 August 8th. Same time as Funimation's TCPA hearing.

Insert Nicks smug UH OH face here :story:

archived 23 Jul 2019 21:10:28 UTC

archive.fo

AnOminous · Jul 23, 2019

Make Anime Illegal said:
MoRon's hearing scheduled for 1:30 August 8th. Same time as Funimation's TCPA hearing.

It's a bit early to get optimistic, but I like the way Chupp is thinking about this and handling it. Packaging it this way in one big hearing is the right thing to do. I wonder about Marchi's.

Far Queue said:
I think @AnOminous mentioned that if it came to that, they would both likely need to retain new lawyers, but I can't remember if that's what was said or not.

Only if they split up and were adverse to each other. They do actually currently have adverse interests, in that there are arguments one could pursue that would be good for Ron and bad for Monica or vice versa, but these have not ripened into a non-waivable conflict of interest. If they ever do end up actively adverse, though, no lawyer who represented both of them could represent either of them. They'd both have to get previously uninvolved counsel, so two more lawyers.

wickedlilium · Jul 23, 2019

AnOminous said:
It's a bit early to get optimistic, but I like the way Chupp is thinking about this and handling it. Packaging it this way in one big hearing is the right thing to do. I wonder about Marchi's.

Wouldn't be surprised if Marchi's is another date and he only added the MoRon's because even he thought their TCPA was pointless and figured BHBH would only need under 1hr to eviscerate it.

mindlessobserver · Jul 23, 2019

Far Queue said:
Another thing that came up again last night on Nick's stream was the question about Ron and Monica filing together even though they're separate parties. When Ty was on Nick's stream he mentioned that as strange as well, including the possibility of bringing that up with the court to make them file separate motions.

I also recall that this was discussed quite a while back as well when people brought up the possibility of Ron or Monica turning on everyone else if it became in their best interest. I think @AnOminous mentioned that if it came to that, they would both likely need to retain new lawyers, but I can't remember if that's what was said or not.

Now, assuming that Ty goes that route, how might that play out? I can imagine that both Casey Erick and Führer J. Sean Lemoine would be delighted to have a sudden emergency exit and would gladly take it. The only reason I can see him avoiding going this route is that it would complicate any later hearing for their discovery abuse. I would assume that the court would want to give them time to find new counsel, etc.

It could be a convoluted strategy to get Monica and Ron out the civil conspiracy they CLEARLY have with each other. If the plaintiffs make motions indicating they accept they are one legal unit then the defense may try and argue they are married for all intents and purposes. It's a huge stretch but these people are desperate. Ty should at least bring it up that Ron and Monica are being sued individually and not as a single unit.

wickedlilium · Jul 23, 2019

mindlessobserver said:
It could be a convoluted strategy to get Monica and Ron out the civil conspiracy they CLEARLY have with each other. If the plaintiffs make motions indicating they accept they are one legal unit then the defense may try and argue they are married for all intents and purposes. It's a huge stretch but these people are desperate. Ty should at least bring it up that Ron and Monica are being sued individually and not as a single unit.

They can't claim to be married, they already stated in their depo (both of them) that their just engaged to the "are you married" question.

GRB86 · Jul 23, 2019

Astro Galactic Megalul said:
Which would mean that they'll have to spend on paperwork even more money that they don't have, which is of course a good thing. Do I understand it correctly?

It also makes each claim stand on their own merits rather than one big mass. Ron will have to be his own defendant and monica her own, it also sets up the ability for them to be called to testify (If it gets there) against each other which would not only be humorous but a good way of battering their statements. It also allows BHBH to focus on each much tighter. At least that would be my take. (Im not a lawyer and don't play one on twitter)

RodgerDodger · Jul 23, 2019

AnOminous said:
It's a bit early to get optimistic, but I like the way Chupp is thinking about this and handling it. Packaging it this way in one big hearing is the right thing to do. I wonder about Marchi's.

Only if they split up and were adverse to each other. They do actually currently have adverse interests, in that there are arguments one could pursue that would be good for Ron and bad for Monica or vice versa, but these have not ripened into a non-waivable conflict of interest. If they ever do end up actively adverse, though, no lawyer who represented both of them could represent either of them. They'd both have to get previously uninvolved counsel, so two more lawyers.

Above and beyond MoRonica sharing one legal team, doesn’t this single joint filing raise issues about the Plaintiff’s ability to procedurally respond to such an inappropriately combined filing? Take the Stan Dahlin affidavit. That directly attacks Monica’s claims and testimony. But really has no impact on Ron. How is the non moving party supposed to parse the motion between the two distinct and legally unrelated defendants? ( for at matter how does the Judge?) It would seem to be placing an undue burden on the non moving party? Or am I reading too much into it? Is it possible to quash the TCPA motion on that basis alone? Which would be hilarious. Would that even be appealable as a standard TCPA would?

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

Shit-stirring retard

Now see here you little shit.

Shit-stirring retard

FBI Special Agent

(((NaCl)))

Only trannies can both dilate and diearly.

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Surprise Witnesses

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