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

[AnOminous]

When she got home, he had been served a restraining order by his first ex wife, and he threatened to kill the judge and the judge's family. And kicked a hole clear through a wall.

I'm going to speculate he kicked a hole in drywall with his noodly wimp legs.

So:

How admissible/Germain to the case and in particular the testimony for the trial

It might not even be admissable because it's so fucking prejudicial that if you get it in front of a jury he loses even if you don't tell them what he's accused of in the actual case.

It's certainly good in publicity terms to show what kind of absolute subhuman garbage is responsible for defaming Vic, though.

 

[Gehenna]

Nick is very adept at playing “good cop”.

Monica and Jamie are not completely innocent even if threats from Toye exist, but Nick provided them with a satisfying narrative, one that would make fans happy and salvage reputations, at the expense of only Ron.

Nick gave them a story with Ron as the sacrificial lamb, and no one has to feel bad about it because instead of a lamb it’s a rabid sheep dog.

That’s good lawerying. Create a compelling narrative people *want* to buy into.

To be fair, the narrative also explains otherwise disparate facts which prior had been odd outliers. Why did Rial do this out of the blue? Why was Toye the one to contact a business venue and not Marchi or Rial? Why did the twins suddenly sign on out of nowhere? Why DID Toye decide to sit in on Rial's deposition with a clear intent to intimidate?

It also very neatly explains why Toye has acted how he has. Why go for a direct, bulllying strategy? because it is how he operates to get what he wants normally. A violent, ill tempered man will nigh universally get used to people avoiding confrontation and bending at the first sign of his bellow. If they don't, he bellows louder. Can you think of a better description? It would -also- explain why they have, the the bafflement of everyone here, continued to file all their stuff as one. If Toye allows Rial off the leash, she might get thoughts of her own. If he is an abuser and if he was an architect to this, he -cannot- allow her off it.

I'd propose that the narrative, as a whole, better explains their actions as a whole than anything yet theorized by the Farms.

 

[Manwithn0n0men]

Nick is very adept at playing “good cop”.

Monica and Jamie are not completely innocent even if threats from Toye exist, but Nick provided them with a satisfying narrative, one that would make fans happy and salvage reputations, at the expense of only Ron.

Nick gave them a story with Ron as the sacrificial lamb, and no one has to feel bad about it because instead of a lamb it’s a rabid sheep dog.

That’s good lawerying. Create a compelling narrative people *want* to buy into.

But Ron could fight Monica breaking off with her own atty couldnt he?

 

[Dixieland Buckaroo]

I understand why the defendants are going for the TCPA- it's a low risk, high reward move. But given the kind of skeletons in Ron's closet (and who knows what else lurks in Funi's/Jamie's/Monica's shadows, much less Igor and Iago's), why choose to go scorched Earth? Why not at least consider settling?

I wonder if Rackets would have presented Ron's background piece, if the terrible trio had skipped straight to the TCPA? Or even had they not been so vicious and callous to Vic in his deposition, with those trailing "phone-a-friend" questions. To anyone approaching this with an open mind, their PR position is tenuous.

Post-TCPA, we'll find out how brave these folk are, and if their zealotry outweighs their sense of self-preservation. Because regardless of TCPA outcome, none of these four look better now than they did going into the suit.

 

[HTTP Error 404]

Going to be curious too see how Ty tries and bring this into the case. On the face of it, it seems overly prejudicial towards the defense and not relevant to matter at hand, which is whether or not Toye defamed vic and interfered in his contracts. Him being a wife beater does not really offer anything constructive on those fronts. However, he also said in deposition that his motivation for slagging Vic was because he was "the sheepdog" and wanted to protect Monica and other victims. This stuff must definitely counters the claims towards his motivations.

Remember that part of this is a social media fight.

Ty might not be able to bring it into the courtroom, but Ron Toye's reputation is now utterly destroyed. And as Nick trickles the data out as the week goes on, Law Twitter is going to be BTFO'd over and over, so THEIR reputations are going to be destroyed.

Nick is very adept at playing “good cop”.

Monica and Jamie are not completely innocent even if threats from Toye exist, but Nick provided them with a satisfying narrative, one that would make fans happy and salvage reputations, at the expense of only Ron.

Nick gave them a story with Ron as the sacrificial lamb, and no one has to feel bad about it because instead of a lamb it’s a rabid sheep dog.

That’s good lawerying. Create a compelling narrative people *want* to buy into.

Nick also knows they literally do the exact opposite of what he suggests just to spite him.

So by suggesting this narrative, he ensured that Monica will never attempt to use it.

 

[Make Anime Illegal]

If an affidavit from Vic's ex is relevant then an affidavit from Soye's exes should also be relevant. He's the fucking defendent.

 

[mindlessobserver]

If an affidavit from Vic's ex is relevant then an affidavit from Soye's exes should also be relevant. He's the fucking defendent.

Vics exes stuff is no more admissible then this is. It's useful for the social media campaign but no way lemony snicket let's this stuff get admitted. Nor should he.

 

[Make Anime Illegal]

Vics exes stuff is no more admissible then this is. It's useful for the social media campaign but no way lemony snicket let's this stuff get admitted. Nor should he.

I agree, but I want to see MoRon's attorneys try to argue to judge Chupp why he should allow Vic's ex's irrelevant drama queen spergout into evidence but not Soye's ex's documented abuse at the hands of Soye.

 

[AnOminous]

I understand why the defendants are going for the TCPA- it's a low risk, high reward move. But given the kind of skeletons in Ron's closet (and who knows what else lurks in Funi's/Jamie's/Monica's shadows, much less Igor and Iago's), why choose to go scorched Earth? Why not at least consider settling?

TCPA isn't scorched earth. It's just the no-brainer thing to do. You'd almost always file a 12(b)(6) and/or 56 in federal court for a defamation claim, and where you have a super-version of both in one motion, like the TCPA, you'd almost always file one of those instead.

To be fair, the narrative also explains otherwise disparate facts which prior had been odd outliers. Why did Rial do this out of the blue? Why was Toye the one to contact a business venue and not Marchi or Rial? Why did the twins suddenly sign on out of nowhere? Why DID Toye decide to sit in on Rial's deposition with a clear intent to intimidate?

All this falls into place when you realize it isn't the calculated legal strategy of a group of lawyers paid to do it, but what lawyers will do when paid to by a violent, aggressive man who will just shop for lawyers until he finds one willing to do whatever crazy, stupid thing he has planned.

That's why there isn't a coherent legal strategy on the part of Toye/Rial. Ron doesn't have a legal strategy. He's deeply mentally ill, a psycho, possibly violent, and insists on micromanaging shit he's too dumb to understand. I wouldn't even be surprised if he picked a pathetic cripple like Lemonhead because he can control him with threats.

 

[Garm]

I'm going to speculate he kicked a hole in drywall with his noodly wimp legs.



It might not even be admissable because it's so fucking prejudicial that if you get it in front of a jury he loses even if you don't tell them what he's accused of in the actual case.

It's certainly good in publicity terms to show what kind of absolute subhuman garbage is responsible for defaming Vic, though.

It flips the script on KickVic. We can say "how do we know Monica isn't being abused?" Then watch them try to defend Ron. Anyone watching will see "believe all women" tweeters suddenly defending a man who potentially abused two women.

Also it is a distraction from the Texas appeal case that solidifies Ty's legal position. It'll be more surprising that way.

 

[AnOminous]

Nick also knows they literally do the exact opposite of what he suggests just to spite him.

This is why they're hilarious morons. He tells them to quit hitting themselves so they pick up a hammer and smash themselves in the face really hard because this will totally show that horrible blackface lawyer.

 

[Markorian]

This is why they're hilarious morons. He tells them to quit hitting themselves so they pick up a hammer and smash themselves in the face really hard because this will totally show that horrible blackface lawyer.

"Here's a lifeline"
"Oh boy, a noose, thank you!"

 

[Soviras]

Vics exes stuff is no more admissible then this is. It's useful for the social media campaign but no way lemony snicket let's this stuff get admitted. Nor should he.

You could actually make a good point as to why this should be admissible; it could actually have an effect on the result of the case. It establishes a potential scenario, with significantly different degrees of liability compared to the "normal" situation. If Ron repeated this behavior and threatened Monica into doing this, his blame goes up significantly. As such, he would have a significantly higher portion of the blame, and would likely end up with a higher judgement against him compared to Monica. It actually being the case or not might not be relevant, as all that matters is making the jury think it did happen and things like these documents would be essential to that. It's up to Ty and Vic to decide on this in the end, but it's not like there is no relevance when it reveals a new potential scenario. At the very least, it allows the plaintiff to say "we believe this might be the case because he has a pattern of doing similar things."

The defendants affidavits on the other hand are only suitable for the social media campaign against Vic. Even if true, they wouldn't prove TI didn't happen, nor would they prove the statements to not be false and/or defamatory. They don't serve a purpose in the lawsuit, at all.

 

[Markorian]

You could actually make a good point as to why this should be admissible; it could actually have an effect on the result of the case. It establishes a potential scenario, with significantly different degrees of liability compared to the "normal" situation. If Ron repeated this behavior and threatened Monica into doing this, his blame goes up significantly. As such, he would have a significantly higher portion of the blame, and would likely end up with a higher judgement against him compared to Monica. It actually being the case or not might not be relevant, as all that matters is making the jury think it did happen and things like these documents would be essential to that. It's up to Ty and Vic to decide on this in the end, but it's not like there is no relevance when it reveals a new potential scenario. At the very least, it allows the plaintiff to say "we believe this might be the case because he has a pattern of doing similar things."

The defendants affidavits on the other hand are only suitable for the social media campaign against Vic. Even if true, they wouldn't prove TI didn't happen, nor would they prove the statements to not be false and/or defamatory. They don't serve a purpose in the lawsuit, at all.

I doubt it gets in for tcpa, but I can think of several angles Ty can get this in for the actual trial. It could definitely call all defendants motives into question, because if they want vic gone because of their "principled" stance on abuse, why do they make so many excuses for Ron?

 

[AnOminous]

At the very least, it allows the plaintiff to say "we believe this might be the case because he has a pattern of doing similar things."

Using character evidence to show that the defendant did what he did in the current case just because he's the kind of person who does such things because he did it in the past is exactly the kind of character evidence that is generally inadmissible.

To get it in you usually need another reason, or the defendant has to open the door to it by saying he didn't do this thing because he isn't the kind of person who does such things, and even then, you'd still have to overcome the prejudicial aspects of it to get it in.

I think this more or less nukes any attempt Ron has of trying to portray his motives as good because he's just some innocent whammen-believing white knight who got fooled into believing lies because he's just such a melting pot of wokeness.

At that point, the fact that he's a violent piece of shit who is a serial domestic abuser who beat up and threatened BOTH women he married actually is relevant, because the professed noble motives he wants to proffer to mitigate damages for his lies are just a sham. He's not a noble white knight. He's a subhuman piece of shit, and the jury should know that rather than his fictional bullshit.

So it probably can't directly be used but to avoid it being admissible, Ron is going to have to abandon any bullshit self-hagiography and be visibly evasive about lots of shit.

Because if he opens the door even a bit, the Ghost of Wife-Beatings Past is going to burst right through like the fucking Kool-Aid Man.

 

[NotaLolyer]

Reposting this over here. The Ron Toye is a serial domestic abuser bombshell was one thing, but the case law Nick was covering completely and utterly fucks over MoRonica et all.



Starting at time code 8492 and continuing to...

Deep-Dive Into a Ft. Worth Defamation Case and the Sheepdog Special

GOFUNDME: https://www.gofundme.com/f/vic-kicks-back JUSTICE CHAT: https://streamlabs.com/rekietalaw MERCH: https://teespring.com/stores/rekieta-law Chill str...

youtu.be

• Marchi and Monica: Their specific statements involve only two people each who would know the outcome. That means it comes down to their word vs Vic, and if Vic says no they have to prove it happened -- they can't. Plus, since it's presumed they'd KNOW if it were true or false, them saying it's true when Vic says it didn't means they're presumed to be knowingly lying -- Malice.
  • Nick details it better earlier in the video but it comes down to either X is true and the TCPA doesn't apply to this case, or X is false and they don't successfully meet the TCPA. They're utterly fucked.
• Funimation: They know the truth of the investigation. If there's ANY contact with an agency or employer relationship -- a clear and specific allegation of such -- they're fucked. Enter Scott Baretto, the Funimation social media guy, who flat out stated that he policed the Funi and Funi VA social media accounts. But neither he nor anyone else at Funimation did anything to stop the KickVic lies (on their behalf) about Vic, because they actually wanted/needed that narrative. That means their TCPA is dead in the water, too.
• Ron (covered earlier): He's either tied to Monica's defense and fucked because of it, or he's fucked because of the 400+ tweets and him blatantly stating he didn't care about the truth of it. His TCPA's dead.

Vic wins the TCPA motions unless the judge drops the ball -- and if he does, BHBH will immediately appeal. Of course, MoRonica et all might appeal, too, except that costs money and their legal teams are already working for nothing. Oh, and if Vic wins the TCPA, that means he gets legal fees, which means the money that has been spent out of the GFM gets restocked out of MoRonica and Funimation's pockets.

Law twitter doesn’t care about the truth of how they’ll lose and look like morons though they just continue to say “nah nah screech mislead! nah nah boo boo!”

They’re still on about how Vic supposedly admitted to assaulting Jamie because he said I touched her hair and two lines under it vehemently denies assault of a friend.

They’ll ignore that part the same way Jamie’s lawyer did too because it makes it look like an admission of guilt that never happened.

Couchette is still on about how the abuse case had no filing number.


Of course it’s different... because shut up!

 

[RodgerDodger]

I doubt it gets in for tcpa, but I can think of several angles Ty can get this in for the actual trial. It could definitely call all defendants motives into question, because if they want vic gone because of their "principled" stance on abuse, why do they make so many excuses for Ron?

At the very least BHBH should bring it in, with a number of reasonable arguments as to why, and let Casey and Lemonfuhrer fight to keep it out. Giving it even more exposure. I think the more pertinent part of it isn’t actually the physical abuse. It’s the phoned in threats of violence to intimidate the ex into doing what Ron wants. The “I will carve up your dog and the Judges Children”. That plays into Ron’s action with regard to the TI.

I’m not sure how they could use it for the TCPA, but honestly just getting that affidavit and protective order in front of every lawyer in the case and the judge could have some interesting side effects. How will Funimation react to being joined at the hip with MoRonica? How will they react to their VA’s openly defending this wife beating douchbag? How badly will this damage Funi and Sony’s PR efforts and their products? In short will this have them looking for the fastest possible exit? MoRonica has now got to be Radioactive. It may be time to have a lengthy phone call with BHBH to discus making this go away.

 

[Slimy Time]

Going to be curious too see how Ty tries and bring this into the case. On the face of it, it seems overly prejudicial towards the defense and not relevant to matter at hand, which is whether or not Toye defamed vic and interfered in his contracts. Him being a wife beater does not really offer anything constructive on those fronts. However, he also said in deposition that his motivation for slagging Vic was because he was "the sheepdog" and wanted to protect Monica and other victims. This stuff must definitely counters the claims towards his motivations.

Surely it can go to propensity to threaten people with malicious intent? Phone threats and whatnot as opposed to the physical abuse to show a propensity to do something like this. If he can do it with his ex wife and a judge, he can be malicious with Vic. Regardless, its greatest use will be on the social media/PR front and fighting back against KickVic. Having all of KV have to dismiss this, probably while slagging off his ex-wife will do wonders for their pro-women, anti-sexual abuse cause.

 

[Imperial Agent]

But Ron could fight Monica breaking off with her own atty couldnt he?

Not really.

Motions could be made to attempt it, but there is no way they would succeed.

Monica has a right to pursue her own best interests via an attorney, Ron does not have a right to prevent her, or anyone else, from seeking legal counsel.

Nick also knows they literally do the exact opposite of what he suggests just to spite him.

So by suggesting this narrative, he ensured that Monica will never attempt to use it.

Nick wants them to listen to him. Nick, and everyone on his “side” benefit from Monica going with the narrative he laid out, that’s why he laid it out.

Thinking this is some secret 4D chess move is silly.

There is a reason I referenced “good cop”. Nick is using a common strategy. You empathize with the “suspect” and provide them a motive.

People (especially guilty ones) want an out. They want to explain their actions in a way that make them sympathetic. Good interrogators get murderers to confess by providing them a story they want to believe about themselves.

It ultimately doesn’t even matter if it’s true, if pretending to believe it and letting the “bad guy” believe it gets the right results, then in the end it was successful.

Nick knew what he was doing when he talked about forgiveness for Monica and Jamie, and even Funi. Nick knows that a lot of people wouldn’t automatically forgive them, even if Monica was abused. The only thing that matters is when Monica feels the pressure, when the whole story they’ve tried to weave falls apart on them, along comes this new story, one where they can still pretend to be innocent, one where they can try to salvage their dignity when they can’t keep up the lies any longer.

And if/when that moment comes, everyone wins. It’s the perfect narrative for Vic too, he was only accused because this different evil man was pulling the strings! It’s the perfect story to write the whole thing off.

This whole debacle is an excellent example of why Monica and Ron should NOT file jointly. Their interests have just very clearly diverged. Any lawyer worth his salt would be trying to run Monica’s case in the directions Nick laid out. “My client didn’t do this, but even if she did, it’s not her fault, Ron forced her!”

 

[Manwithn0n0men]

Not really.

Motions could be made to attempt it, but there is no way they would succeed.

Monica has a right to pursue her own best interests via an attorney, Ron does not have a right to prevent her, or anyone else, from seeking legal counsel.


This whole debacle is an excellent example of why Monica and Ron should NOT file jointly. Their interests have just very clearly diverged. Any lawyer worth his salt would be trying to run Monica’s case in the directions Nick laid out. “My client didn’t do this, but even if she did, it’s not her fault, Ron forced her!”

Yeah very much this, but I dont think Monica can demonstrate ron forced her