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

[Bender]

So, say Vic wins, when and how likely is he going after RT? They're Sabat's little puppet and cost him a biggish role with the character Qrow. If he beats Funi he'd have an easy victory on RT, unless he'd like drop it due to fatigue or consider it settled after taking down Sabat. Hmm, this feels like no matter what happens, dubbing will never be the same. Would be nice if he wins and gets to keep voicing Broly.

I imagine he'd be going after Sabat and Schemmel first, they're linked to this case because of Huber's testimony and discovery those two could open up a whole new can of worms which he could then use to go after RT, and maybe also Orkatroon 5000.

Edit: "open up a whole new of worms" I feel disgusted that I accidentally a word.

 

[mindlessobserver]

So hypothetically Nick can turn up and request permission to record the court proceedings and the judge could allow it?

Hypothetically. The only way I see it happening though is if both the Plaintiff and the Defendant request that the proceedings be televised over the internet. Judges hate creating any avoidable ground for appeals, so if one party objects to something one side wants, and the court has no obligation to do it, they won't do it. There is no rule AGAINST it, but it is very, very rare for such permission to be granted. The best we could hope for is the proceedings being recorded and then released once the trial is concluded and a verdict rendered. That is more common, though also very rare.

 

[Legioneer]

The most likely "perfecta" scenario where I got all my bets right would be conspiracy gets thrown out, MoRon remain in for everything, Funimation remains in for defamation but not TI, Marchi gets out entirely. I don't think any of these things are overwhelmingly likely individually, but that's the most complete scenario I have for all cases as to all parties that is likely to come about entirely like that (at about 20%).

The main wobbly thing that determines the outcomes for other things is the conspiracy count. If that stands, everyone is in for everything. If it goes, everyone is only responsible for their own misdeeds.

There's also a mentioned but barely argued vicarious liability theory of liability, but I don't see how that would get Marchi.

Also in Marchi's favor is if she gets out on the TCPA now, she's unlikely to be pursued further. A dismissal, for instance, of just her could not be immediately appealed by the plaintiff, because it would not be a judgment as to all claims as to all parties. So she could only be pursued after the rest of the case.

If the plaintiff loses, that's not going to happen, and if the plaintiff wins, he's unlikely to want to pursue ANOTHER lawsuit after that against someone with the least involvement.

I am still hoping that Lemoine has pissed off the judge so much that the judge will give the green light to the civil conspiracy. Well, because it's just TCPA. And because the judge will have a great desire to punish the defendants for frivolous motions as much as possible.

 

[LullerDerbyRollin]

I imagine he'd be going after Sabat and Schemmel first, they're linked to this case because of Huber's testimony and discovery those two could open up a whole new of worms which he could then use to go after RT, and maybe also Orkatroon 5000.

That was what I meant was after Sabat he goes after RT. Sorry for not better clarifiying.

 

[mindlessobserver]

I am still hoping that Lemoine has pissed off the judge so much that the judge will give the green light to the civil conspiracy. Well, because it's just TCPA. And because the judge will have a great desire to punish the defendants for frivolous motions as much as possible.

The judge is not going to punish the clients for the lawyers being ass hats. not at this stage anyway. Anyone expecting Chupp to throw the gavel into Lemoines face is going to be disappointed. The best we may get is him giving a verbal and unwritten admonishment for "all parties" to calm down and focus on the matter at hand. He may also issue a gag order independent of any request from the parties.

 

[MrRavellon]

The most likely "perfecta" scenario where I got all my bets right would be conspiracy gets thrown out, MoRon remain in for everything, Funimation remains in for defamation but not TI, Marchi gets out entirely. I don't think any of these things are overwhelmingly likely individually, but that's the most complete scenario I have for all cases as to all parties that is likely to come about entirely like that (at about 20%).

Ron and Monica are not a single legal entity so they have no chance to escape conspiracy, they have no chance to escape any of the charges, really. Unless Chupp goes full anal retentive and grants them motion because Ty asked for motion denial in the intro instead of in the prayer. Highly doubtful.

Funimation is unlikely to escape conspiracy on TCPA, there were some unofficial communications between it and MoRonica that look like a conspiracy, so they will have to be taken as proof of conspiracy for the sake of TCPA.

Marchi will have trouble escaping defamation because she accused Vic of an act she and Vic alone can know the truth about and according to Khan that pretty much hoist her on the falsity. There's enough of proof of damages and statements being made is unconstested. So tough luck there.
She will also have trouble escaping charge of conspiracy because of how coordinated her actions seem to be with MoRonica.

Honestly, I don't see how any of them get their motions granted. I can see them getting summary judgement in their favour if Ty fucks up there, but not on TCPA.
Remember, this is prima facie case based on clear and specific evidence. As long as you establish who, what, when and where you meet that burden. It does not matter how likely or unlikely what you establish is. Defendants don't get to contest you on this.

 

[Legioneer]

The judge is not going to punish the clients for the lawyers being ass hats. not at this stage anyway. Anyone expecting Chupp to throw the gavel into Lemoines face is going to be disappointed. The best we may get is him giving a verbal and unwritten admonishment for "all parties" to calm down and focus on the matter at hand. He may also issue a gag order independent of any request from the parties.

I'm not saying the judge will be biased. I'm saying that the argument "it's not how innocent people behave" works here. That is, there must be a reasoned irritation here, because they are obviously trying to confuse the court with all this garbage.
And at this stage, all doubts should be resolved in favor of the nonmoving party. IANAL

 

[Super Smelly Vagina]

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

Luckily, she's not too far from the gulf of mexico. So she can jump in and have a snack.

 

[Bender]

Hypothetically. The only way I see it happening though is if both the Plaintiff and the Defendant request that the proceedings be televised over the internet. Judges hate creating any avoidable ground for appeals, so if one party objects to something one side wants, and the court has no obligation to do it, they won't do it. There is no rule AGAINST it, but it is very, very rare for such permission to be granted. The best we could hope for is the proceedings being recorded and then released once the trial is concluded and a verdict rendered. That is more common, though also very rare.

I can easily see Rial and Toye being confident enough to allow it to be recorded or livestreamed, but I guess they'd freak out if it was Nick who was allowed to stream it.

That said, wouldn't the entire proceedings being recorded minimise the rise of appeals, or at least make them easier to combat? The whole thing would be there for the appellate court to have a look at so they can make an easier decision, rather than counting on what's written on tone-deaf affidavits and whatnot that's only recorded on paper? Why don't courts save the security camera footage that I assume that have? How people talk is much more meaningful than how the court reporter puts their words to paper, surely.

 

[Super-Chevy454]

KickVic seems to ran out of excuses, they pretend then the Funimation Leaks was made by Vic.

 

[Legioneer]

Again. IANAL. But the judge, as far as I understand, is himself an experienced lawyer with many years of practice in the past. The very course of this case development in my understanding should give him a hint about a lot. This is not typical.
They claim that they simply exercised the right to free speech without malice.
But instead of filing TCPA right away, they first asked for Vic to be deposed and then added things like Michelle Specte's affidavit to the case. That is, they even now behave as a single entity, whose actions are aimed to cause Vic as much damage as possible. Their approach to the lawsuit demonstrates that instead of defending themselves, they are still trying to drown Vic. And they obviously shouldn't have the same interests, but all the defendants are acting in a united front.

The judge should ask himself if the defendants are acting in good faith and not in conspiracy with malice, how can it be that Michelle Specte's affidavit is relevant to the case, and the details of the Funimation investigation are not important. And among all the trash they provided, these are the details that do not deserve the court's attention. IANAL. Just my opinion.

 

[RodgerDodger]

So, say Vic wins, when and how likely is he going after RT? They're Sabat's little puppet and cost him a biggish role with the character Qrow. If he beats Funi he'd have an easy victory on RT, unless he'd like drop it due to fatigue or consider it settled after taking down Sabat. Hmm, this feels like no matter what happens, dubbing will never be the same. Would be nice if he wins and gets to keep voicing Broly.

What is the obsessive fascination with RT around here? Unless something really juicy is dug up when they finally pry loose Monica or Funi's Discovery, then there is no chance. RT did not commit any valid causes of action. They severed ties with Vic at what appeared to be a natural end to a contract period. They kept their mouths shut regarding why. And they don't appear to have directly interfered with his ongoing and future business prospects. At the moment Vic's long term employment prospects are better than those of any RT employees, who you have to figure will be shitcanned by AT&T as soon as AT&T discovers that they own RT.

 

[AStupidMonkey]

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.

Just based on how they've acted about everything so far, I suspect they're exaggerating. Perhaps... merely PERHAPS there is a kernel of truth in there. But I'm hesitant to give them the benefit of the doubt on even that outright.

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

God, now I'm having flashbacks of the "giggle giggle penis giggle vagina giggle giggle" twins.

So hypothetically Nick can turn up and request permission to record the court proceedings and the judge could allow it?

On the up-side, the Judge is at least aware that Nick's show is "entertaining," due to Casey's whining about it.

The most likely "perfecta" scenario where I got all my bets right would be conspiracy gets thrown out, MoRon remain in for everything, Funimation remains in for defamation but not TI, Marchi gets out entirely. I don't think any of these things are overwhelmingly likely individually, but that's the most complete scenario I have for all cases as to all parties that is likely to come about entirely like that (at about 20%).

Maybe if he absolutely positively feels he has to strike something.

But there's enough in both sides' pleadings to show a prima facie case they were acting collectively, and had the foresight not to tip their hand until they thought Vic was dead and burried. And striking it for no reason (or weak reasons) gives Vic some free shots at appeal.

I think I agree it won't bear out so well at trial, because they're all going to try and construct a preponderance of the evidence against it, but I don't see it getting thrown out in the TCPA. More likely what you described earlier with weak evidence and testimony: he may well leave it in, then ignore it.

EDIT:

What is the obsessive fascination with RT around here? Unless something really juicy is dug up when they finally pry loose Monica or Funi's Discovery, then there is no chance. RT did not commit any valid causes of action. They severed ties with Vic at what appeared to be a natural end to a contract period. They kept their mouths shut regarding why. And they don't appear to have directly interfered with his ongoing and future business prospects. At the moment Vic's long term employment prospects are better than those of any RT employees, who you have to figure will be shitcanned by AT&T as soon as AT&T discovers that they own RT.

Never underestimate the power of hate-boners. Hate-boners are why Law Twitter thinks Vic has OMG LOST THE CASE every hour on the hour. Hate-boners are why RT won't just up and hire Vic for some menial task, even though they'd see a large percentage of their subscribers suddenly return. And now hate-boners are why we here at the farms think RT is a rainmaker for some reason.

Don't get me wrong. I'd love to SEE that, if only out of spite. But really. Let's see how juicy it looks to Ty and Vic in 6-12 months.

 

[774]

And no, robots don't dream of robot sheep.

But what about electric sheep?

 

[AnOminous]

I am still hoping that Lemoine has pissed off the judge so much that the judge will give the green light to the civil conspiracy. Well, because it's just TCPA. And because the judge will have a great desire to punish the defendants for frivolous motions as much as possible.

He's not going to do it just because he's pissed off at one side. For one thing, he's shown no signs of being corrupt or incompetent or biased.

For another if he decides against the TCPA at all it almost certainly will be immediately appealed.

 

[Harvey Danger]

But she admitted she wants Vic's head and balls, I'd posit that she's gonna get fucked by Vic (and not in the way she wants) because of that LEWD statement.

So I'm (finally) piecing together that mega-thread of accusations against Vic, and combing through a few documents a third time... that tweet from Jamie is in the Plaintiff Original Complaint, but the tweet where she spells out the hair pulling incident isn't. The head-and-balls tweet was in a screenshot, but they merely describe the other tweet.

Here's the weird thing: I don't think I've seen BHBH introduce the hair pulling tweet in any court documents yet. Vic was asked about it in depo, Ron's tweets in the exhibits reference it, but I don't think they've actually included it as part of their evidence against Jamie.

The only place I've found it so far was MoRonica's TCPA dismissal motion, of all places. Pages 256-265 appear to reproduce the TDMA letter to Marchi, with the screenshots attached.

Did I miss something obvious? Have BHBH not introduced Marchi's defamatory tweets into the complaint yet?

 

[MagicalHopStep]

I saw Lemoine calling people "incels" on Twitter, and I'm just...disappointed? Like, I never thought he was a great person, but he's supposed to be both a professional and an adult. It really shouldn't surprise me, as I'm actually pretty sure most of the people acting like kids over there are adults, but it just does. : (

 

[SiccDicc]

I saw Lemoine calling people "incels" on Twitter, and I'm just...disappointed? Like, I never thought he was a great person, but he's supposed to be both a professional and an adult. It really shouldn't surprise me, as I'm actually pretty sure most of the people acting like kids over there are adults, but it just does. : (

Hate to tell you this, but lawyers can be some of the biggest babies you'll ever see or meet. I wish I could say his behavior was unique, but I've actually known of some who throw complete tantrums in their office after a judge tells them "No".

Which is why I don't understand how they could think being on fucking Twitter is a good thing. At least with Facebook it's easier to be professional, but on Twitter you might as well film your office tantrums and post it on Youtube.

 

[Fat Tub of Lard]

KickVic seems to ran out of excuses, they pretend then the Funimation Leaks was made by Vic.

OOOOOOOOYYY.

What's next, are they gonna blame the whole thing on Crab People?

 

[Contract Breach]

He's not going to do it just because he's pissed off at one side. For one thing, he's shown no signs of being corrupt or incompetent or biased.

For another if he decides against the TCPA at all it almost certainly will be immediately appealed.

Ty's leading argument seems to be that the TCPA does not apply.

What happens if the judge agrees with that argument?
Could the TCPA only apply to some claims?
Can that decision then be appealed in the same way as if the judge decided that BHBH presented a prima facie case?