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

[PrinceofAllCucks]

Is that all 3 on the same date and time?

KickVic's fucked.

So, MoRons TCPA is the most likely to be denied with Marchi being the least likely unless Ty pulls something out to keep her in.

 

[HTTP Error 404]

So, MoRons TCPA is the most likely to be denied with Marchi being the least likely unless Ty pulls something out to keep her in.

They still have to prove he's a public figure. I don't see any of them surviving.

 

[Spicybeef]

So, MoRons TCPA is the most likely to be denied with Marchi being the least likely unless Ty pulls something out to keep her in.

I think there is some potential data tying Marchi to a discord server with MoRonica, right? Assuming they have that, that should be enough to demonstrate a 'meeting if the minds [sic]' and keep her in the suit.

Additionally, and i defer to the experts here, Marchi has called vic a predator, which would be defamation per se, so even if the discord stuff doesnt pan out, there is enough of a cause of action to keep her in, I think.

They still have to prove he's a public figure. I don't see any of them surviving.

Again trust the experts more than me, but:

1) Even if they prove he is a general public figure, there is plenty of evidence of malice. All rons tweets, marchis head and balls comment shows malice, and all the disproved claims in moronicas filing indicate flagrant disregard for the truth. That fact that a funi employee faked a swatting plus funi removing all of vics credits shows actual malice, and the sham investigation shows disregard for the truth. Monica spoke with hr, which provides the meeting of the minds.

2) if he is a limited public figure, they have to show that vic made comments to contribute to the contoversy. Denying the accusations shouldnt be enough, or anybody who has ever denied a false accusation is a pulic figure. I dont think thats how the law was intended, and I dont think Vics comments cross the threshold.

3) if he isnt a public at all, I think he is sitting pretty.


All that said, I hope Tybeardicus has some more data available.

Also, I hope that moronicas discovery abuse plus Marchis service dodging (and flaunting it) gets Tybeardicus leeway to request some extra discovery. I suspect Funi has some very, very unflattering emails...

 

[KittyLoaf]

Excuse my ignorance, but why would all three TCPA motions being heard on the same day be a reason to think they're fucked? Is it because the Plaintiff has agreed, therefore, presumably ready for this battle? Or, is it because it implies Chupp is over this case, already?

 

[Padoru]

Excuse my ignorance, but why would all three TCPA motions being heard on the same day be a reason to think they're fucked? Is it because the Plaintiff has agreed, therefore, presumably ready for this battle? Or, is it because it implies Chupp is over this case, already?

the implication isn't necessarily that anybody is fucked but that Chupp definitely can't be fucked to spend more than a day with these TCPAs and since they are pretty quickly one after the other too that might just mean that Chupp also thinks there's not much to be said.

 

[KittyLoaf]

Another question, could the motions to strike be approved by the court prior to the hearing?

 

[Cakeisjustok]

If Funimation's TCPA fails I'd expect them to settle almost immediately. Really, the only one I could see going all the way would be Moronica's case. Funi is going to have no issue rolling the bus over these idiots.

 

[PrinceofAllCucks]

If Funimation's TCPA fails I'd expect them to settle almost immediately. Really, the only one I could see going all the way would be Moronica's case. Funi is going to have no issue rolling the bus over these idiots.

If they really want to fight it, they could appeal it, but if it just keeps getting denied then it's most likely better for them to just settle.

 

[Garm]

All that said, I hope Tybeardicus has some more data available.

Also, I hope that moronicas discovery abuse plus Marchis service dodging (and flaunting it) gets Tybeardicus leeway to request some extra discovery. I suspect Funi has some very, very unflattering emails...

Ty seems like he would have everything prepared before suing someone. The onlty thing being left to chance is the judge.

Funimation may have more than "unflattering emails" to worry about. Any scrutiny of their business practices might be worse than anything Vic could do.

If they really want to fight it, they could appeal it, but if it just keeps getting denied then it's most likely better for them to just settle.

I think Funimations sees the writing on the wall. Fighting in the appeals would end up being a pyrrhic victory at best.

 

[mindlessobserver]

If Funimation's TCPA fails I'd expect them to settle almost immediately. Really, the only one I could see going all the way would be Moronica's case. Funi is going to have no issue rolling the bus over these idiots.

Dont underestimate the power of a corporation to try and dodge responsibility for anything. They could just as easily appeal Chupp ruling against them and drag this out for years if they feel so inclined to burn cash. Big companies like Apple and Sony routinely appeal pre-trial motions all the way to the US supreme court or whatever State supreme court they are in. They are usually ignored but it can drag things out forever. Depending on how hard they want to play it could take 2 years or more to get this in front of a jury following the denial of the TCPA motion.

 

[Slimy Time]

the implication isn't necessarily that anybody is fucked but that Chupp definitely can't be fucked to spend more than a day with these TCPAs and since they are pretty quickly one after the other too that might just mean that Chupp also thinks there's not much to be said.

To me that gives me the impression that Chupp intendeds to cut through the smoke, mirrors and bullshit and get the TCPA matter sorted.

 

[Takayuki Yagami]

Ty seems like he would have everything prepared before suing someone. The onlty thing being left to chance is the judge.

Funimation may have more than "unflattering emails" to worry about. Any scrutiny of their business practices might be worse than anything Vic could do.



I think Funimations sees the writing on the wall. Fighting in the appeals would end up being a pyrrhic victory at best.

Pretty much. If that contract Nick has is accurate, there’s probably more that could be used to get people suing for benefits and backpay, or get the IRS in, or both.

 

[The Demon Pimp of Razgriz]

Dont underestimate the power of a corporation to try and dodge responsibility for anything. They could just as easily appeal Chupp ruling against them and drag this out for years if they feel so inclined to burn cash. Big companies like Apple and Sony routinely appeal pre-trial motions all the way to the US supreme court or whatever State supreme court they are in. They are usually ignored but it can drag things out forever. Depending on how hard they want to play it could take 2 years or more to get this in front of a jury following the denial of the TCPA motion.

The key though is that Funimation isn't a big company. Sony, the corporate parent is big, but Funimation is a much smaller outfit. And I doubt Sony wants to burn cash for Funimation's benefit, especially if they have little to no chance to win the appeals anyway. Settling for as little as possible would probably be a smarter bet if the TCPA doesn't go through. This is especially true if, as we've been surmising, the very way the company could do business may be under potential scrutiny should this case continue. Settling as fast as possible on the best terms as possible is probably the best course of action in this case

 

[Spicybeef]

The key though is that Funimation isn't a big company. Sony, the corporate parent is big, but Funimation is a much smaller outfit. And I doubt Sony wants to burn cash for Funimation's benefit, especially if they have little to no chance to win the appeals anyway. Settling for as little as possible would probably be a smarter bet if the TCPA doesn't go through. This is especially true if, as we've been surmising, the very way the company could do business may be under potential scrutiny should this case continue. Settling as fast as possible on the best terms as possible is probably the best course of action in this case

A possible counter argument is that you are assuming funimation is rational. If left to its own devices, funimation may go all in to destroy Vic no matter what the cost is. We think, "they couldn't be possibly be crazy enough to do that", but frankly, if they had even a shred of common sense, none of this would be happening. The only thing that matters to them are their virtue points. After all, they can just go find other jobs if funi goes under, and they can make themselves into martyrs. There will surely be another SJW infected company right around the corner to snatch them up.

 

[wickedlilium]

They still have to prove he's a public figure. I don't see any of them surviving.

So, MoRons TCPA is the most likely to be denied with Marchi being the least likely unless Ty pulls something out to keep her in.

To be honest Marchi's is most likely staying due to Malice that can be easily found on her twitter account even if he is labeled a "Public Figure." The only one that's most likely going to get away - assuming Vic is a public figure - would be Funi as there isn't any real "Malice" that's been reported yet.
Funi would have a hard time if he's not found to be a public figure due to Monica's depo bringing into question how Funi ran their investigation and all the other facts pointing at Monica and Funi colluding together (or at least with Denbow).
Still depends on how Judge Chupp see's things though but does seem like all three will be defeated all at once here.

 

[Wake me up]

Settling for as little as possible would probably be a smarter bet if the TCPA doesn't go through

If they had any intention to settle, it makes no sense to wait until TCPA. The chances of the TCPA doing away with the entire case have always been laughable to anyone looking at the matter seriously. If they were at any point thinking about settling, they would have no reason to wait until the TCPA fails to do it.

It's much more likely that they tried to settle already but didn't like how much Vic wanted to settle out of court than to imagine that for some reason they thought they had a chance to win at TCPA and wanted to wait until then.

 

[RodgerDodger]

Is there some sort of strategy behind putting such a trash fire foreword as your pleading or are they just bad at this?

I’m thinking they didn’t really start on it until after the depo’s. Then it was worked by three different attorney’s (interns) with no time to consolidate the mess. Lemoine’s comment about 8 months to a year shows he knows this is a bullshit Pleading, and hopes to force it into an interlocutary appeal. Probably in the hopes of grinding down Vic’s warchest as public interest wains.

If they had any intention to settle, it makes no sense to wait until TCPA. The chances of the TCPA doing away with the entire case have always been laughable to anyone looking at the matter seriously. If they were at any point thinking about settling, they would have no reason to wait until the TCPA fails to do it.

It's much more likely that they tried to settle already but didn't like how much Vic wanted to settle out of court than to imagine that for some reason they thought they had a chance to win at TCPA and wanted to wait until then.

Why would Vic and BHBH settle with MoRonica? What could they possibly bring to the table? Especially Ron? Settlement is a two way agreement. And there is at this point no incentive for Vic to agree to anything from them.

 

[HTTP Error 404]

If Funimation's TCPA fails I'd expect them to settle almost immediately. Really, the only one I could see going all the way would be Moronica's case. Funi is going to have no issue rolling the bus over these idiots.

If they really want to fight it, they could appeal it, but if it just keeps getting denied then it's most likely better for them to just settle.

I expect MoRonia and Marchi to appeal and double down, again. Funimation might appeal, but they might cut their losses and bail.

 

[A_throwaway_name62919]

A possible counter argument is that you are assuming funimation is rational. If left to its own devices, funimation may go all in to destroy Vic no matter what the cost is. We think, "they couldn't be possibly be crazy enough to do that", but frankly, if they had even a shred of common sense, none of this would be happening. The only thing that matters to them are their virtue points. After all, they can just go find other jobs if funi goes under, and they can make themselves into martyrs. There will surely be another SJW infected company right around the corner to snatch them up.

To add, Sabat supposedly has a lot of influence at Funimation, and seems to be the next on the list to be sued for his part in this. It would not be a surprise if he used his influence to push Funimation towards going all in on fighting Vic in the lawsuit, in hopes of saving himself.

Why would Vic and BHBH settle with MoRonica? What could they possibly bring to the table? Especially Ron? Settlement is a two way agreement. And there is at this point no incentive for Vic to agree to anything from them.

It depends. They don't have any money to bring to the table, no. However if they were to flip on Funimation and the others, admit to everything, and give all the evidence needed for nearly ironclad cases against them, I could see Vic and BHBH taking that. It's just not a likely outcome as it doesn't allow MoRonica to save face, and I doubt they'd agree to any settlement which didn't let them save face and pretend they'd done nothing wrong.

 

[Spicybeef]

I’m thinking they didn’t really start on it until after the depo’s. Then it was worked by three different attorney’s (interns) with no time to consolidate the mess. Lemoine’s comment about 8 months to a year shows he knows this is a bullshit Pleading, and hopes to force it into an interlocutary appeal. Probably in the hopes of grinding down Vic’s warchest as public interest wains.



Why would Vic and BHBH settle with MoRonica? What could they possibly bring to the table? Especially Ron? Settlement is a two way agreement. And there is at this point no incentive for Vic to agree to anything from them.

Oh, I can think if a great reason for bhbh to settle with them - they give up their emails with marchi, funi, sabat, RT, etc.

I bet bhbh would take all those heads on a silver plate, rather than trying to squeeze money from those two stones.


EDIT: omg my first cougaring. I have finally arrived!