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

RodgerDodger said:
Does Lemoine even have standing to make the claim of fraud in this case? Doesn't any standing for that reside with the person who signed it?
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I think Lemoine is literally doing anything at this point to stop anything from ruining his TCPA. And it does seem pretty damning for TY to suggest that Ron Toye was intimidating witnesses to change their testimonies.
 
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CuntBusterMan55 said:
Tybeard seems to have sorta fucked up badly. Not sure why he made such a bad mistake. Surprised tbh.
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My (layman's) read for the time being is that this was the first instance of Ty being legitimately sloppy in his work on this case, and opposing counsel (desperate for a win) are sperging out.
Because Lemoine's work to date has been so fucking stellar.
 
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So I could very well be wrong (IANAL after all) but the gist I'm getting from the stream as far as the notary stuff goes is basically - this is likely not going to result in much of anything. Ultimately no harm was done to the defendants, so it's hard to have any weight to Lemoine's arguments.
  • Pursuing this as fraud is possible, but would require significant evidence that the filing of the affidavits was done deliberately and with malicious intent. This is unlikely, considering that Ty pulled the affidavits and resubmitted them as declarations right away (despite Lemonhead's ignorance of the 5th Amendment and claim that Ty pulling them down is clearly guilt of the affidavits being fraudulent).
  • If this was simply a mistake on Ty's part, then the remedy that would be supplied is that Lemoine would submit an objection to the form of the affidavit as they're defective. The problem with this is, once again, the affidavits were already pulled so there's effectively nothing to object to.
 
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Apparently Nick has conversations with Funi employees saying that some VA thots slept to their positions.

CuntBusterMan55 said:
Tybeard seems to have sorta fucked up badly. Not sure why he made such a bad mistake. Surprised tbh.
I would be sad if Vic loses the case cause of tybeard.
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As far as I can tell, if Ty made fraudulent notarization, he could (and should) get spanked for it. But that's between him and whoever licenses notaries.

The thing is, the faulty affidavits were withdrawn, and replaced with declarations and placed in the second amended petition. The defense has nothing to complain about, since the faulty evidence isn't being used against them and can't be used to harm their case. If there were fraudulent affidavits that could make Chupp give Ty the fish eye, but the evidence entered probably wouldn't be affected.
 
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CuntBusterMan55 said:
Tybeard seems to have sorta fucked up badly. Not sure why he made such a bad mistake. Surprised tbh.
I would be sad if Vic loses the case cause of tybeard.
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It seems pretty unlikely. If Lemoine had kept his powder dry and suddenly pulled it at the hearing, when Ty would have no opportunity to fix it, it might have been a real problem, but I now doubt it will be.

Lemoine shot his load prematurely and interrupted Ty's mistake.

OneHandClapping said:
As far as I can tell, if Ty made fraudulent notarization, he could (and should) get spanked for it. But that's between him and whoever licenses notaries.
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Fraud would have to be intentional, not just being clueless about being a notary.
 
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AnOminous said:
It seems pretty unlikely. If Lemoine had kept his powder dry and suddenly pulled it at the hearing, when Ty would have no opportunity to fix it, it might have been a real problem, but I now doubt it will be.

Lemoine shot his load prematurely and interrupted Ty's mistake.



Fraud would have to be intentional, not just being clueless about being a notary.
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To be honest, now that I think about it and coming from that, Lemoine actually REALLY fucked up, because they could have just saved it for the hearing, but instead chose to scream about it now. Now it gives TY an opportunity to correct the mistake and now has very little ground to hit TY with it. But there still is a possibility that TY won't win TCPA.
 
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CuntBusterMan55 said:
Tybeard seems to have sorta fucked up badly. Not sure why he made such a bad mistake. Surprised tbh.
I would be sad if Vic loses the case cause of tybeard.
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I honestly expect this to be the first of its kind case for him. So many things keep happening, new people come up with testimony and affidavits and then there's shit Kiwi Farms is digging up... I wouldn't be surprised if he got a little overwhelmed and with the general incompetency of Law Twitter and Lemoine more than a little complacent. He had his ego getting stroked occasionally, but for the most part kept a level head and even admitted fault.

The problem is aides can be some of the dumbest motherfuckers you'll know -- think the kind of idiots behind the counter at the DMV. Shit, I've known 15 year olds that could do a better job than half of the kinds of people that end up working in that position. He screwed up not checking his list twice, he admitted it and all we can do is see if it bit him in the ass or just decided to piss on his leg.
 
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Apterigo said:
Pursuing this as fraud is possible, but would require significant evidence that the filing of the affidavits was done deliberately and with malicious intent.
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My understanding of what Nick said is that you have to find the damage first. Not just in this case, but with any notarial work and fraud at all. If the defendants are hurt, the defendant's attorney can then try to prove fraud before the court. If the damage was done to someone else, it would be possible to raise the issue of other types of fraud. If there is no damage, there is no point in looking for evidence or malice. If there's no damage, it's not a fraud, it's something else.
 
SiccDicc said:
I honestly expect this to be the first of its kind case for him. So many things keep happening, new people come up with testimony and affidavits and then there's shit Kiwi Farms is digging up... I wouldn't be surprised if he got a little overwhelmed and with the general incompetency of Law Twitter and Lemoine more than a little complacent. He had his ego getting stroked occasionally, but for the most part kept a level head and even admitted fault.

The problem is aides can be some of the dumbest motherfuckers you'll know -- think the kind of idiots behind the counter at the DMV. Shit, I've known 15 year olds that could do a better job than half of the kinds of people that end up working in that position. He screwed up not checking his list twice, he admitted it and all we can do is see if it bit him in the ass or just decided to piss on his leg.
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While I hope you guys are right. It's not looking too good for beard. This is what worries me. Ty got rejected in a few hours. Not a good look.
 

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CuntBusterMan55 said:
While I hope you guys are right. It's not looking too good for beard. This is what worries me. Ty got rejected in a few hours. Not a good look.
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Probably best practice to not overreact to every single tiny detail.

Wait til the hearing on Sept 6th, before we start hitting any panic buttons or popping any victory champagnes
 
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