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

[774]

Well for one it attributes harm to an unsued party,

Sure, buddy, you just keep telling yourself that. It's like saying if someone hires a hitman, you can't prosecute both the hitman and their client for murder. MoRonica are the ones who have done direct damage in this case, and they can be held liable for it, but that doesn't absolve Sabat if he masterminded the whole thing; as long as he can be connected through conspiracy, then he can be held liable too. Well, that, and there's the thing about him possibly being directly involved in tortious interference.

who to my knowledge was never mentioned in any court filings prior.

Not in filings, technically. (EDIT: Correction, his depo was in previous filings, including unabridged in the MoRonica TCPA motion, so you're not even technically correct.) But Vic himself named Sabat several times in his deposition, saying that he's a liar who pretended to be a friend to his face but actually hates him. Lemoine actually brought up the name himself at least once. So, it's not as if it came out of the blue.

Mignogna deposition, page 75, starting at line 8:

[Asking whether Vic knows certain people or not]
Q. Chris Sabat?
A. Sure.
Q. Who is he?
A. Chris is a voice actor, has been a voice actor as long as I've been voice acting.
Q. Truthful guy, as far as you know?
A. No, sir.
Q. Okay. So what -- do you and Mr. Sabat have some kind of issue?
A. Oh, no. See, that's the unfortunate part. Mr. Sabat has looked me in the face, as long as I've known him and been friend -- and acted like friends, pretended to be supportive, told me that he was, you know, with me and -- and for me, and then over the course of this storm, it has come to my attention from different people, that he has, as long as they have known him, spoken disparagingly about me, made accusations behind my back and not been a friend at all.

Page 283, starting at line 9:

Q. Well, when you say that there are people at Funimation who don't like you much and wanted you gone, who are you referring to specifically?
A. Chris Sabat.
...
A. I would say he has a great deal of weight at Funimation, a great deal of weight. ... So, Chris Sabat, for one.

If the handy index is accurate, the name "Sabat" was mentioned a total of 14 times in that depo.

IANAL I think Funimation would have to argue that Sabat isn't an agent of Funimation. If that's true and they try, it could be the funniest filing yet.

That would be one of the most exceptional arguments in this whole case, given his extensive involvement in the internal affairs of the company, not just as a VA but with casting, and other things.

It's interesting to see Slatosh didn't mention Sabat for TI as that was part of the rumor. Maybe we'll get an updated affidavit if Sabat gets papers atfer the TCPA or maybe he didn't call and that part of Nick's info was wrong.

That is interesting. I guess someone must have gotten mixed up.

they're also playing into the defense's hands and admitted that Vic is libel-proof

Do you know what "libel-proof" really means? It's been covered before, but basically, it means that a plaintiff's reputation is so bad that there is nothing a defendant could possibly do to make it worse. It's an extreme and pretty rare condition that may be hard to prove (which, BTW, the defendants did not even try to do in their TCPA motions, but just made a bald assertion), and easy to disprove. How can we prove Vic is not libel-proof? Like this: Vic had never had any conventions cancel him before January 2019 (not being invited particular years doesn't count, since that's a normal thing for guests, who are often too numerous to all go at once). But after defendants' actions, quite a few of them did, citing defendants' statements as the reason. In short: his reputation became worse. Ergo, he was not libel-proof. Furthermore, some cons still invited him after defendants' actions and reported positively about Vic, which means his reputation could be worse than it is. Ergo, he is not libel-proof. (I don't know if the latter part matters legally, but I thought I might as well cover that.)

Correct me If I am wrong , Is Sabbat an employee of Funimation or just on a contract like Monica / Jamie ?

According to FUNi, all the VAs are independent contractors. Except the ones who take jobs with more authority (like directing and such, IIRC). Clearly, they say that because they want employee-type control over them without the tax burden.

 

[Super Smelly Vagina]

When a less than $100,000 investment can return a VERY well equipped professional level voice studio, the only way to destroy dubbing of anime in America is for no one with any business sense to try. There is a glut of trained studio engineers out there looking for a job. And no end of potential talent to interview/audition.

The recording studios aren't the problem. It's the fact that Toei might be less likely to be willing to work with any other American companies after being disrespected by Funimation.

 

[Imperial Agent]

there will be a transcript made of it, but we may end up finding out what whent down in the hearing as soon as sep 7th if nick is able to make it to the hearing like he plans to

I will be at the hearing and report back as soon as it's over. I plan to sit in on some earlier hearings that day as well to try and get a general impression of Judge Chupp.

I believe someone else on here had also said they plan to attend and give their account, but that was before the continuance changed the date, so not sure if they are still around and planning to make the hearing.

 

[Legioneer]

I will be at the hearing and report back as soon as it's over. I plan to sit in on some earlier hearings that day as well to try and get a general impression of Judge Chupp.

I believe someone else on here had also said they plan to attend and give their account, but that was before the continuance changed the date, so not sure if they are still around and planning to make the hearing.

It's about the September 6th hearing. Or will there be another Vic`s hearing today? I missed that moment.

 

[Garm]

It's about the September 6th hearing. Or will there be another Vic`s hearing today? I missed that moment.

It is labor day. No court business today.

 

[Imperial Agent]

It's about the September 6th hearing. Or will there be another Vic`s hearing today? I missed that moment.

Yes, I'm referring to the Sept. 6th hearing that was continued from a earlier date in August.

 

[Skelter Helter]

View attachment 915676

He's "hard to work with" because he gives a damn about his work. I'm seeing some Michael Richards parallels, here.

It depends on how frequently he asks, how forcefully, and how he acts when the director tells him no.

Extra takes may not seem like much, but they take time. With the way productions are scheduled, spending fifteen minutes more on this scene and ten minutes more on that one means spending less time on others, or it can cause delays that waste people's time, make them wait for meals, make them work later, make them come back another day, or cause other production problems.

I have strong opinions on this, but I'm trying to avoid powerleveling. I'll just say that I've directed before, and it wouldn't take much of this behavior to make me not want to work with an actor again.

 

[Iron Hamster]

they could potentially be putting themselves in the grey area to garner as much negative attention towards vic. This could be used to have the defendants win in a higher court because it would be nigh impossible to find a jury that hasn't heard about this case. It could also be used to kangaroo court this shit because it would be impossible to find a jury that hasn't heard about this case, thus postponing vic's case and make him lose a ton of money and potentially bankrupt him.

If they were to press charges or something, then he would most likely not be put in jail or be in jail but get out easily on bond cause he's fucking rich, and any court would throw out the case in minutes and give him a good opportunity to counter sue their asses which would absolutely help vic win the case

Nobody in the general population knows who these people are or care. I've watched dragonball and didn't know nor care who these people were. They are just voices to me. Now think about all the people who have never even heard of dragonball.

 

[Zero Day Defense]

It depends on how frequently he asks, how forcefully, and how he acts when the director tells him no.

Extra takes may not seem like much, but they take time. With the way productions are scheduled, spending fifteen minutes more on this scene and ten minutes more on that one means spending less time on others, or it can cause delays that waste people's time, make them wait for meals, make them work later, make them come back another day, or cause other production problems.

I have strong opinions on this, but I'm trying to avoid powerleveling. I'll just say that I've directed before, and it wouldn't take much of this behavior to make me not want to work with an actor again.

With what we know at present, I can't help but be biased towards Vic, here. These people, given their own words and mannerisms, as well as the implications of Huber's statements concerning them, likely imagine Vic as the class overachiever that makes the rest of them look bad in comparison even though he doesn't realize, intend, or even want that for them. His voicework is also notably good/fitting, even considering the general rise in dub quality over the last decade, so it's not as if this detail doesn't tie into that.

These are people who slagged him for signing anime photos at cons for money before they started doing the exact same thing, too.

Also, I didn't namedrop Michael Richards for no reason:

 

[Imperial Agent]

It depends on how frequently he asks, how forcefully, and how he acts when the director tells him no.

Extra takes may not seem like much, but they take time. With the way productions are scheduled, spending fifteen minutes more on this scene and ten minutes more on that one means spending less time on others, or it can cause delays that waste people's time, make them wait for meals, make them work later, make them come back another day, or cause other production problems.

I have strong opinions on this, but I'm trying to avoid powerleveling. I'll just say that I've directed before, and it wouldn't take much of this behavior to make me not want to work with an actor again.

All fair critique, but it seems like it really couldn't have been that bad of behavior if it had no negative impact on him getting work or career advancement.

I imagine if you were really pissing off people integral to the production you'd have more problems than gossip and rumors from coworkers.

 

[Sheryl Nome]

To be fair, making a whale like monica wait 15 minutes for a meal is a dangerous proposition

 

[Iron Hamster]

To be fair, making a whale like monica wait 15 minutes for a meal is a dangerous proposition

Krill isn't easy to round up on short notice.

 

[Harvey Danger]

All fair critique, but it seems like it really couldn't have been that bad of behavior if it had no negative impact on him getting work or career advancement.

Except Vic himself felt like it was hurting his chances of getting work, because that's how it came up with Coleen Clinkenbeard in the first place. From his affidavit:

This might be a case of Clinkenbeard trying to come up with a reason off the top of her head, focusing on something that she personally found annoying, and projecting it onto others. I don't know how much official power she has within Funi or if it's her job to influence casting decisions. In any case, Vic felt that his career was being held back, went to someone he thought would know the answer, and this was one of the reasons they gave him.

 

[AlexJonesGotMePregnant]

This thread is for legal discussions around the case, please stop shitting it up with random unrelated questions or speculations. It is really aggravating to see the same people post the same irrelevant shit in every weeb wars thread as I get caught up. I've seen a few others try and gently correct but there's plenty of shit threads in the forum already and i don't want this one to turn into that.

 

[Skelter Helter]

Also, I didn't namedrop Michael Richards for no reason:

That video is pretty great.

Those are just blown takes, though. Actors laugh at inappropriate moments, they forget their lines, they miss their marks, practical effects fail to go off (or go off at the wrong time). There are all sorts of things that can go wrong. That's all pretty normal, even if it can be frustrating to have to do a scene over and over, or when you're trying to keep your focus even as other people keep busting up laughing.

However, no director would be satisfied with those takes, and the behavior mentioned in that part of the affidavit was Vic asking for additional takes even after the director was satisfied. That's different. Whether or not a take is good enough to use is a director's call, not an actor's.

All fair critique, but it seems like it really couldn't have been that bad of behavior if it had no negative impact on him getting work or career advancement.

I imagine if you were really pissing off people integral to the production you'd have more problems than gossip and rumors from coworkers.

I'm not familiar enough with Vic's work history or the world of anime dubbing to know whether or not this behavior harmed his career. However, if what Vic told Chuck Huber is true (and I have no reason to believe he's lying), then a producer at Funimation did bring the issue up with him. And if what Vic said in his own affidavit is true (and, again, I have no reason to believe he's lying), Coleen Clinkenbeard cited it as a reason he wasn't getting more work at Funimation. I suspect these are both references to the same incident.

 

[AnOminous]

With what we know at present, I can't help but be biased towards Vic, here. These people, given their own words and mannerisms, as well as the implications of Huber's statements concerning them, likely imagine Vic as the class overachiever that makes the rest of them look bad in comparison even though he doesn't realize, intend, or even want that for them. His voicework is also notably good/fitting, even considering the general rise in dub quality over the last decade, so it's not as if this detail doesn't tie into that.

So Sabat is like Salieri, slowly going insane as his jealousy of Mozart increases, constantly scheming against him, knowing that he is vastly his inferior. At least in the movie Amadeus (they apparently actually got along fine irl).

So @AnOminous, how fucked would you say the KickVic crowd is at this point, from a general Kiwi Lawyer Guesstimate?

The crowd? They're insane.

The defendants? Let's see what happens Friday. I'm pretty confident MoRon are fucked both on defamation per se and tortious interference. Not so sure about the other two. And I remain skeptical of the conspiracy claim that ties all of them together. Not that it happened, but of the viability of the claim itself.

Judges often aren't going to give it away in a hearing but their questions will indicate what causes of action and arguments they're actually thinking about.

 

[Zero Day Defense]

I'm not familiar enough with Vic's work history or the world of anime dubbing to know whether or not this behavior harmed his career. However, if what Vic told Chuck Huber is true (and I have no reason to believe he's lying), then a producer at Funimation did bring the issue up with him. And if what Vic said in his own affidavit is true (and, again, I have no reason to believe he's lying), Coleen Clinkenbeard cited it as a reason he wasn't getting more work at Funimation. I suspect these are both references to the same incident.

The curious thing about that citation, though, is that Vic was still getting work at Funimation. Even before Broly. So I'm not sure how much I trust Clinkenbeard on that.

 

[Sheryl Nome]

So Sabat is like Salieri, slowly going insane as his jealousy of Mozart increases, constantly scheming against him, knowing that he is vastly his inferior. At least in the movie Amadeus (they apparently actually got along fine irl).



The crowd? They're insane.

The defendants? Let's see what happens Friday. I'm pretty confident MoRon are fucked both on defamation per se and tortious interference. Not so sure about the other two. And I remain skeptical of the conspiracy claim that ties all of them together. Not that it happened, but of the viability of the claim itself.

Judges often aren't going to give it away in a hearing but their questions will indicate what causes of action and arguments they're actually thinking about.

I'd agree that I'm pretty confident on Ronica getting fucked, I honestly think Marchi is the most likely to get out unscathed.

 

[5t3n0g0ph3r]

The curious thing about that citation, though, is that Vic was still getting work at Funimation. Even before Broly. So I'm not sure how much I trust Clinkenbeard on that.

You shouldn't. Its obvious that she is either part of the cabal or is being used by them.

 

[GRB86]

View attachment 917807

Does anybody know when and why Führer Lemonhead went into protective mode?
Last thing I remember was him tweeting something about his encounter with a certain mosquito.

Nothing says I am a reputable Business trial lawyer like "Enemy of anonymous twitter keyboard warriors" We did it all, we're under his skin like the mosquito proboscis.

He’s so much of an expert that he has failed to convince a Judge in every case he’s brought. I mean I know failure is educational and all, but I don’t think I really want to be paying somebody to learn in that way.

From my understanding J. sean in 0-3 with two in appeal.