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

[LullerDerbyRollin]

Dunno if this is new, but it's something Nick just put on his stream.

 

[OgreSan]

I'm sure it's been said but the more I hear about this, the more it feels like the cry bullies in this case are guilty of harassment if anything.

"What, you won't suck me off? I'll get your job cancelled next time contracts are up, loser!"

 

[TheClappening]

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.

Have your opinions changed after seeing the second amended pleading?

 

[AnOminous]

Have your opinions changed after seeing the second amended pleading?

Not terribly although I think the conspiracy claim is in a little better shape. It will depend on how Texas deals with conspiracy pleadings and if it's come closer to the federal standard. We'll see because it's basically up to Judge Chupp.

 

[Urbanmech]

Not terribly although I think the conspiracy claim is in a little better shape. It will depend on how Texas deals with conspiracy pleadings and if it's come closer to the federal standard. We'll see because it's basically up to Judge Chupp.

No change in your thoughts on Marchi's chances with the Secret Discord getting put into the petition? Or should I say if Ty has a way to back up that claim.

 

[AnOminous]

No change in your thoughts on Marchi's chances with the Secret Discord getting put into the petition? Or should I say if Ty has a way to back up that claim.

It doesn't really get into much detail as to what the Discord did, other than just its name. That's suggestive but doesn't really establish much.

 

[Gehenna]

It doesn't really get into much detail as to what the Discord did, other than just its name. That's suggestive but doesn't really establish much.

Does it need to? As you have said yourself, the TCPA is based on a preponderance of evidence with all disputes of fact weighed in the plaintiffs favor. None of the TCPA motions have at all addressed the conspiracy claim, if I recall right. So therefore him simply asserting that it exists should be enough, with some basic evidence showing it is possible, right?

Edit: In fact, thinking about it, I can't remember a single defense from any moving party against TI OR Conspiracy... possibly in Marchi's, since i skimmed hers. But I recall nothing from Funimation or MoRon.

 

[AnOminous]

Does it need to? As you have said yourself, the TCPA is based on a preponderance of evidence with all disputes of fact weighed in the plaintiffs favor. None of the TCPA motions have at all addressed the conspiracy claim, if I recall right. So therefore him simply asserting that it exists should be enough, with some basic evidence showing it is possible, right?

Edit: In fact, thinking about it, I can't remember a single defense from any moving party against TI OR Conspiracy... possibly in Marchi's, since i skimmed hers. But I recall nothing from Funimation or MoRon.

It's been addressed but in a really weak and pro forma manner. MoRon's motion mentions that it wouldn't be possible for a corporation to conspire with its own employees while simultaneously arguing they aren't employees. Otherwise, though, their sole mention is a denial, without argument, that plaintiff has clear and specific evidence for the claim.

There was already evidence in the record, even if it wasn't in the claim itself. Amended, the claim itself now contains that prima facie evidence itself.

The claim is in better shape, and defendants have done a shabby to nonexistent job of addressing it, maybe just assuming it was so weak it couldn't stand, or maybe just out of laziness or incompetence. We won't know until the court addresses it, really.

I really don't want to discuss the possibility of a heightened pleading requirement over notice pleading and whether Texas has or might adopt such a standard because I don't want to accidentally help the defense if they actually read this shit.

 

[Gehenna]

It's been addressed but in a really weak and pro forma manner. MoRon's motion mentions that it wouldn't be possible for a corporation to conspire with its own employees while simultaneously arguing they aren't employees. Otherwise, though, their sole mention is a denial, without argument, that plaintiff has clear and specific evidence for the claim.

There was already evidence in the record, even if it wasn't in the claim itself. Amended, the claim itself now contains that prima facie evidence itself.

The claim is in better shape, and defendants have done a shabby to nonexistent job of addressing it, maybe just assuming it was so weak it couldn't stand, or maybe just out of laziness or incompetence. We won't know until the court addresses it, really.

I really don't want to discuss the possibility of a heightened pleading requirement over notice pleading and whether Texas has or might adopt such a standard because I don't want to accidentally help the defense if they actually read this shit.

Hmm, if I were the judge, I'd allow it through purely on technicality. If they failed to defend against it, it seems more appealable to strike it in the TCPA then to allow it through.

 

[Urbanmech]

It's been addressed but in a really weak and pro forma manner. MoRon's motion mentions that it wouldn't be possible for a corporation to conspire with its own employees while simultaneously arguing they aren't employees. Otherwise, though, their sole mention is a denial, without argument, that plaintiff has clear and specific evidence for the claim.

There was already evidence in the record, even if it wasn't in the claim itself. Amended, the claim itself now contains that prima facie evidence itself.

The claim is in better shape, and defendants have done a shabby to nonexistent job of addressing it, maybe just assuming it was so weak it couldn't stand, or maybe just out of laziness or incompetence. We won't know until the court addresses it, really.

I really don't want to discuss the possibility of a heightened pleading requirement over notice pleading and whether Texas has or might adopt such a standard because I don't want to accidentally help the defense if they actually read this shit.

Have you noticed changes to the defense that coincided with opinions here? Or playing "Why take the chance they do this one time" scenario?

 

[DragoonSierra]

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.

So thats why Chuck lists all those people that were there in some of his conversations. Im willing to bet that Ty probably has confirmation from some of those people.

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.

I think Nick is smart enough to avoid that. Theres definitely gonna be a slowdown for Nick when this all ends. Youll prolly get some cameos by the Beard tho. But if he finds a hilarious lawsuit he will definitely stream it.

Especially when the defendants claim first that Vic used his power to silence "victims" and that funimation, in particular, claims that they're opposed to sexual harassment whilst their internal culture is more sexually charged than a frat house full of hookers and one of their vice principals is using his position of considerable power within the industry to obtain sexual favours from in exchange for VA work.

It speaks directly to the claims made against Vic. It would be stupid to not include it.

I dont think they need it to pass tcpa.

They didnt have enough to sue Sabat before recently. In fact this Chuck Huber affidavit might have given it to them. Im willing to bet Chris Slatosh might have more info on Sabat committing TI but perhaps he doesnt want to burn all his bridges just yet so hes asked Ty to hold off on that.
I imagine they want to keep some ammo up thier sleeve if they ask for leave to refile.
Also Tys a wargamer so why blow your load before the case even starts.

That would be insanely stupid seeing as Douchette routinely calls Vic a child sex predator, which even the defendants aren't doing any more. If they're paying him to say that, the defense lawyers themselves would end up defendants and could no longer represent their clients, as they'd have to hire their own lawyers and their former clients would have to hire new ones.

I dont think he was saying the defense attorneys are paying Douchette. I think hes saying Ron might be.

 

[AStupidMonkey]

They didnt have enough to sue Sabat before recently. In fact this Chuck Huber affidavit might have given it to them. Im willing to bet Chris Slatosh might have more info on Sabat committing TI but perhaps he doesnt want to burn all his bridges just yet so hes asked Ty to hold off on that.
I imagine they want to keep some ammo up thier sleeve if they ask for leave to refile.
Also Tys a wargamer so why blow your load before the case even starts.

Which, keep in mind, was the plan all along. Since day one of the lawsuit, they vaguely described Iago and Igor, and mentioned that a round 2 was already in the works.

Lo and behold, look what happened when everything went to court and everyone saw that KV was bluffing. 1000's of rape survivors turned into 100's of sexual assault victims turned into 10 perpetually offended perverts with an ideological axe to grind.

And suddenly the people who want to continue working in the industry can't yeet themselves off that sinking ship fast enough.

 

[HTTP Error 404]

Which, keep in mind, was the plan all along. Since day one of the lawsuit, they vaguely described Iago and Igor, and mentioned that a round 2 was already in the works.

Lo and behold, look what happened when everything went to court and everyone saw that KV was bluffing. 1000's of rape survivors turned into 100's of sexual assault victims turned into 10 perpetually offended perverts with an ideological axe to grind.

And suddenly the people who want to continue working in the industry can't yeet themselves off that sinking ship fast enough.

Just wait. Eventually, the value proposition is going to be such that knifing Igor and Iago in the back will be more profitable than keeping silent. That'll happen overnight, one person will come forward and then 5 or 10 more will, instantly.

This will happen with Law Twitter too. Once it becomes obvious that Vic and BHBH is going to win, some lawyers will show up explaining that OF COURSE they were going to win, it was VERY OBVIOUS. It might be the current crop, claiming that OF COURSE Vic won the TCPA, they ALWAYS KNEW THAT.

 

[Sheryl Nome]

Just wait. Eventually, the value proposition is going to be such that knifing Igor and Iago in the back will be more profitable than keeping silent. That'll happen overnight, one person will come forward and then 5 or 10 more will, instantly.

This will happen with Law Twitter too. Once it becomes obvious that Vic and BHBH is going to win, some lawyers will show up explaining that OF COURSE they were going to win, it was VERY OBVIOUS. It might be the current crop, claiming that OF COURSE Vic won the TCPA, they ALWAYS KNEW THAT.

We'll see the knives come out shortly after the TCPA hearing, though that will be appealed by Lemoine because he's enough of a scumbag to try to drag this entire thing out

Though my understanding of Texas interlocutory appeals suggests that his appeal would not be permissive under case law and it would likely not be granted.

 

[Make Anime Illegal]

New docs. Apparently they are that fucking retarded.

This is your brain on west nile virus.

 

[Sheryl Nome]

Lemoine just seems like he's trying to be a dick

 

[HTTP Error 404]

Lemoine just seems like he's trying to be a dick

Trying? Hah. No. He is a dick.

A tiny, shriveled, insignificant little dick who will never be with a man or woman again, thanks to a mosquito.

 

[Friend computer]

Well, this will go well with a no nonsense judge...

Has Lemoine even tried to read the judge?

 

[Make Anime Illegal]

Also here's Vic's second amended petition.

 

[The Reaper]

What is the obsessive fascination with RT around here?

I don’t know a whole lot about Rooster Teeth, but from what I’ve heard they’ve had a few exceptional incidents, and many people on the forum might see it as a potential TGWTHG scenario, where we get a ton of threads mocking internet celebrities. If they were put under the microscope of a legal investigation more content may be drudged up.