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

[Garm]

Law Twitter thoroughly convinced this filing is Malpractice:

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InventedGames on Twitter

“@NickRekieta @ottovonbisbark @Mr_random_guy14 @PrCat88 @AlValentyn @DFishOne Do you regret advising Vic to take the GFM money to Ty? This filing is a malpractice claim waiting to happen.”

web.archive.org

From what I can tell is that they are surprised Chuck would say that Vic abused his position. That because Chris Sabat and Sean Schemmel called Vic a "pedo" for nearly two decades Vic therefore could not lose any reputation.

They are ignoring the rest of the affidavit though.

Also supposedly Ty screwed up the prayer for relief.

 

[pearlslam]

Yep, I've seen it before, thought others had too. Notice the @ is a different color than the Twitter handle.

I did not, though that is a very interesting tipoff.

Also of note, I went through Sabat's tweets, and he basically peaced out of Twitter as of the 22nd of August. No way that he could have made that tweet.

 

[Legioneer]

I believe that's how it works. Chuck made a claim; they can counter that claim by getting the people to say they didn't say/do those things. Similar to how Stan's affidavit countered Monica's, and Erica countered Faisal's.

Not really, no.

Regarding Vic, the fact that the defendants were trying to prove was that the events in the hotel room occurred as described by Monica.
Opposite Vic's testimony overlaps Monica's testimony, even without Stan's participation. And especially if Stan confirms Vic's version.

The fact that the plaintiff in this case presented to the court is that such rumors about Sabat took place. Funimation cannot overcome this fact by using the testimony of their employees. Just because someone didn't know about these rumors doesn't mean there were no rumors.

 

[Harvey Danger]

Also supposedly Ty screwed up the prayer for relief.

That was brought up yesterday. The request to dismiss was in the intro instead of the ending prayer for relief. Probably should have been in the prayer for relief too, but it's not going to matter to the court.

 

[Garm]

That was brought up yesterday. The request to dismiss was in the intro instead of the ending prayer for relief. Probably should have been in the prayer for relief too, but it's not going to matter to the court.

So they are just nitpicking things to complain about?

 

[Make Anime Illegal]

MoRon claim to Chris Slatosch that Vic is going to be criminally charged.

• This is defamation per se because it accuses Vic of a crime. But even if it wasn't it caused Chris to cancel Vic, which is damages.
• It is false, and provably false because Vic hasn't been charged with a crime.
• Even if Vic is a public figure, MoRon acted with actual malice because they had reckless disregard for the truth, because they arent fucking prosecutors and have no way of knowing if charges are going to be filed.

I dont see how a defamation claim could be more solid than this? Same for TI.

 

[I Love Beef]

Because I binged watched YYH during my salad days, I can remember nearly every important line made throughout the series.

Chuck just fucking Dragon of the Darkness Flame'd the TCPA and Monica is acting like Amanuma when he realizes that his powers involves "when you die in the game, you DIE IN REAL LIFE".

Currently sperging out and so estatic that Fall is coming. Time to fucking harvest, because there's going to be a mountain helping of humble pie for KickVic.

 

[I can't imagine]

Not really, no.

Regarding Vic, the fact that the defendants were trying to prove was that the events in the hotel room occurred as described by Monica.
Opposite Vic's testimony overlaps Monica's testimony, even without Stan's participation. And especially if Stan confirms Vic's version.

The fact that the plaintiff in this case presented to the court is that such rumors about Sabat took place. Funimation cannot overcome this fact by using the testimony of their employees. Just because someone didn't know about these rumors doesn't mean there were no rumors.

Oh right. I forgot he was reporting on rumors, not facts.

MoRon claim to Chris Slatosch that Vic is going to be criminally charged.

• This is defamation per se because it accuses Vic of a crime. But even if it wasn't it caused Chris to cancel Vic, which is damages.
• It is false, and provably false because Vic hasn't been charged with a crime.
• Even if Vic is a public figure, MoRon acted with actual malice because they had reckless disregard for the truth, because they arent fucking prosecutors and have no way of knowing if charges are going to be filed.

I dont see how a defamation claim could be more solid than this? Same for TI.

Yeah, it's incredibly brutal. It was practically a sample case, it so clearly followed the step-by-step of defamatory claims leading to TI.

 

[Fougaro]

This is very clearly a Photoshop edit made for fun. It's a reference too, to another Photoshop edit made during the whole #ClintonBodycount fun. Unless I'm the one missing the joke and you're being sarcastic

It's indeed an obvious (at least to those without an affinity for toy trains) shoop just for fun, but inb4 YellowFlash, HeroHei and others think it's real...

 

[Legioneer]

I believe that's how it works. Chuck made a claim; they can counter that claim by getting the people to say they didn't say/do those things. Similar to how Stan's affidavit countered Monica's, and Erica countered Faisal's.

О! And I forgot to clarify. Huber says that Sabat said certain things to him many times. He doesn't say that Sabat did it alone in his hotel room for one specific time.

What exactly can Sabat say? "I don't remember saying anything like that to Huber" - that doesn't disprove Huber's words. If Sabat says, "I never said anything like that to Huber. I'm sure of it" - he's setting himself up very badly.
He'll set himself up even more if he tries to say, "I've never said anything like that to anyone!"
Any new written statement that "I've heard with my own ears how Sabat said that to Huber! I was there at that moment." or " Sabat said that to me or in my presence!" And Sabat is cooked.

You can say, "I don't remember." But that doesn't help you much. If you decide to say that something definitely didn't happen, even though you actually did it all the time. You're at great risk of having 10-15 people say that they read your affidavit and they' re sure you lied under oath. They are witnesses that this took place.

 

[Harvey Danger]

So they are just nitpicking things to complain about?

Naturally. When you're losing on substance, you whine about technicalities. And Low-T Greg had his account suspended, so they don't have any lawyerly-sounding arguments to parrot.

Seen any discussion of the legal arguments? BHBH put together a very good case for prima facie defamation, and a decent case that the TCPA doesn't even apply here at all. The public figure argument looks good as well, though I think others on here were less impressed.

But LawTwitter, whose mantra is "we only talk about the case", isn't actually smart enough to discuss the case. So they focus on stuff like the Huber affidavit, which they can understand, to smugly pronounce Sabat's casting couch is irrelevant to the case and therefore completely uninteresting. Funny how they never go back up into the 35 pages of legal arguments to find why Huber's affidavit is referenced.

They need to wait for the talking points, but they just can't keep their stupid mouths shut long enough to get them, so you get yesterday's sperging.

 

[1234567890abc]

Awhile ago someone said they hoped Nick would just keep doing his podcast and not get involved in all the drama too much like Ralph and Warski has with IBS. All this comicsgate/kickvic shit did was show me that Nick has been too far deep for awhile now and we can only hope he doesn't turn out to be a gunt-filled autist as well who turns on his viewers.

Not saying that'll happen. Just that we all have seen the cycles of these IBS/Gamergate things play out enough to know where this leads at the end of the road.

 

[HeyYou]

that was probably sarcasm, please apply more irony next time your on website full of autists

Nope, Neural was serious.

 

[Done]

How so?

Well for one it attributes harm to an unsued party, who to my knowledge was never mentioned in any court filings prior.

It also left entire arguments by defendants completely unopposed, which will likely fuck Vic up if he needs to appeal (which he will, the filing is utterly terrible, don't let KickVic's autism make you think they're telling lies).

This entire shitstorm will prove why it's a retarded idea to let a YouTuber have a very public hand in your legal affairs at all. There's a very, very good reason why YaBoy Zack stopped talking about the case after a certain point, even when Zaid was goading him on the daily.

Awhile ago someone said they hoped Nick would just keep doing his podcast and not get involved in all the drama too much like Ralph and Warski has with IBS. All this comicsgate/kickvic shit did was show me that Nick has been too far deep for awhile now and we can only hope he doesn't turn out to be a gunt-filled autist as well who turns on his viewers.

Not saying that'll happen. Just that we all have seen the cycles of these IBS/Gamergate things play out enough to know where this leads at the end of the road.

He will. All those grifters do.

 

[CivilianOfTheFandomWars]

1,200 pages? Is that normal for legal documents, or is this an outlier?
For perspective, Stephen Kings IT is roughly 1,140 pages long. I know there’s pictures and stuff, but that’s a lot of work. Who’s job is it to read all of that?

 

[Eyeshield]

We've seen talk of Chuck's affidavit, but did Erica have her declaration in there too?

 

[I can't imagine]

1,200 pages? Is that normal for legal documents, or is this an outlier?
For perspective, Stephen Kings IT is roughly 1,140 pages long. I know there’s pictures and stuff, but that’s a lot of work. Who’s job is it to read all of that?

In reality, it's almost entirely the depositions and their related exhibits. The actual counter-motion is like 35 pages, the motion to strike is 13 pages, the affidavits and their exhibits are another 50-60 pages or so.

 

[Gehenna]

1,200 pages? Is that normal for legal documents, or is this an outlier?
For perspective, Stephen Kings IT is roughly 1,140 pages long. I know there’s pictures and stuff, but that’s a lot of work. Who’s job is it to read all of that?

Massive outlier

 

[Superman93]

Well for one it attributes harm to an unsued party, who to my knowledge was never mentioned in any court filings prior.

It also left entire arguments by defendants completely unopposed, which will likely fuck Vic up if he needs to appeal (which he will, the filing is utterly terrible, don't let KickVic's autism make you think they're telling lies).

This entire shitstorm will prove why it's a exceptional idea to let a YouTuber have a very public hand in your legal affairs at all. There's a very, very good reason why YaBoy Zack stopped talking about the case after a certain point, even when Zaid was goading him on the daily.
He will. All those grifters do.

@AnOminous thoughts?

 

[1234567890abc]

@neural wasn't Nick also added to lolsuit as well recently for starting the GoFundMe? I don't keep up 100% on all this but I am fairly certain he was.