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

[quickthrowaway]

No confirmation other than twitter randos. It reeks of the exact same trick someone tried with Zoe Quinn less than 24 hours ago.

Nick retweeted it, though, so... well. Hopefully it's not gay ops.

If the DMs are fake, she's doing an awful job at damage control. She's just sperging out on Twitter, won't address any of them specifically, and won't call any of them fake.

 

[HTTP Error 404]

If the DMs are fake, she's doing an awful job at damage control. She's just sperging out on Twitter, won't address any of them specifically, and won't call any of them fake.

That's a good point. Her talking point, probably given by her lawyer, is "I can't wait to tell you all about everything after the case is over."

 

[instythot]

If the DMs are fake, she's doing an awful job at damage control. She's just sperging out on Twitter, won't address any of them specifically, and won't call any of them fake.

Exactly the behavior that got her this far. That is, "about to ruin Vic decisively in court and making him pay for it"

 

[solidcloud]

That's a good point. Her talking point, probably given by her lawyer, is "I can't wait to tell you all about everything after the case is over."

Joy. The world can't wait to hear Monica's truth... I just want to hear everyone's truth. Except Vic, because fuck that guy.

-KickVic'ers, probably

 

[Mr. Zed da Robot Poon Fed]

Generally speaking, being n minutes late isn't really that big of a deal. It's happened before, it'll happen again. The court will likely yell at Beard about it and that'll be the end of it.

But I think y'all are really wrong when you claim that the notarization fraud isn't a big deal. It's a Fucking. Big. Deal. The entire point of having a public notary is that their seal is reliable. By applying his seal to the affidavits even though the affiants weren't present he's committed a crime. It doesn't matter that he's withdrawn the documents, that doesn't eliminate the crime itself.

It's probably not going to really affect Vic's case, but Ty's still in some very hot water.

I’m just curious as to why the defendants’ lawyers mentioned it to Ty to give him a chance to undo it? They could have slammed him in the hearing without him knowing beforehand.

 

[quickthrowaway]

I’m just curious as to why the defendants’ lawyers mentioned it to Ty to give him a chance to undo it? They could have slammed him in the hearing without him knowing beforehand.

Cause they're dumb. Literally every move they've made so far can be explained that way.

 

[AnOminous]

The Plaintiff doesn't need to prove actual malice

He might and he has for the purpose of tomorrow's motion.

"Khan offered clear and specific evidence that he did not tell Van Der Linden that he had given money to the Taliban. Van Der Linden admits that she and Khan were the only two parties to the conversation. Under these unique facts, if at trial Khan proves that the assertion was false, he also will have provided proof that Van Der Linden knew that it was false when she published it." Van Der Linden v. Khan, 535 S.W.3d 179, 202 (Tex. App.—Fort Worth Nov. 19, 2017).

In this case as well, only Monica and Vic know what happened in the room between them. Vic has offered clear and specific evidence that Monica's version of events is a lie. If what Monica is saying is not true, then she knows it is not true, and knowledge of falsity is sufficient to establish actual malice.

IIRC there is definitely some things in there that at the very least indicate that they strongly dislike Vic.

"Actual malice" is not dislike or even intention to harm. It is simply reckless disregard for the truth or knowledge of falsity. One's motive is irrelevant.

I’m just curious as to why the defendants’ lawyers mentioned it to Ty to give him a chance to undo it? They could have slammed him in the hearing without him knowing beforehand.

Because they're virtually addicted to scoring own goals. Ty potentially gave them a win here, and they blew it.

Here's An Lee Hsu's profile on his firm's website: http://www.martinezhsu.com/index.php/attorney/an-lee-hsu/

BHBH often works for the NRA, so this might be the source of the professional connection.

 

[5t3n0g0ph3r]

Andrea Perez has changed law firms, she now is part of Carrington, Coleman, Sloman & Blumenthal, L.L.P. :

 

[Legioneer]

I’m just curious as to why the defendants’ lawyers mentioned it to Ty to give him a chance to undo it? They could have slammed him in the hearing without him knowing beforehand.

95% of the probability that he would still have submitted a new version of the documents (also because Nick said so on stream) when filing the second amendment to the petition.
He managed to add the missing tweet of Jamie Marchi one day before her lawyer built the argument on the missing evidence (and her lawyer still sent a document with this argument to the court).

 

[AnOminous]

Long time lurker here, just a newfag, but is it the consensus that no matter what the Judge rules, either side will end up appealing?

I'd go even further and say it's virtually certain both sides appeal, unless somehow Jamie Marchi is the only one to win her motion and nobody else wins in the slightest, unless that win is solely on the conspiracy count. The plaintiff generally can't appeal the partial grant of a TCPA. However, the defendant has an automatic right to an interlocutory appeal of a denial.

So one or more defendants are almost certain to appeal any denial. If the plaintiff has anything to appeal, though, the appeals court can permissively allow such an appeal. If there's already an appeal as of right before it from the defendant(s), I can't see any particularly good reason they wouldn't want to take it all in one batch.

Under those circumstances, the trial court is likely (but not required) to grant a stay on the remaining proceedings pending the appeal.

If that happens, we're looking at a year of relative quiet, although you can press X to Doubt that and we've seen things not go quiet when they should have before.

It depends on if they can file an interlocutory appeal or not

They can.

"Sec. 51.014. APPEAL FROM INTERLOCUTORY ORDER. (a) A person may appeal from an interlocutory order of a district court, county court at law, statutory probate court, or county court that:

[. . .]

(12) denies a motion to dismiss filed under Section 27.003[.]" Texas Civil Practice and Remedies Code § 51.014(a)(12).

That's as of right. A person may also appeal from nearly anything else, but this is permissive and usually not granted. I think it would be likely granted for Vic, though, if the same court were already hearing a defense appeal of the same case. This is just an off the cuff guess.

 

[SargonF00t]

In respect of the TCPA for Moronica, will the judge be taking into account that Moronica didn't comply with discovery?

 

[fat ugly sped]

I think the catch is in this. Vic will be more than ready to settle with the only condition that the defendant, who wants to get off the hook, must publicly completely disclaim his own words. Public apology.

And the problem of the defendants is that no one but Funimation can even theoretically go for it. Once they do so, they are done.

So they will fight back in court until their money runs out, and then the court will just rule in Vic's favor that they owe him money.

That's if Funimation doesn't make their move. If Funimation finally decides to turn everyone in, apologize to Vic, pay him compensation and take him back, the case will close very quickly.

Funimation has other options. They can get off the hook through TCPA now, or through an appeal (if they are lucky). They can try to prolong the lawsuit itself for years (they have money).
This is where Nick and the media component are needed. To force Funimation to turn everyone in.

Funimation has deep pockets, they aren't getting off the case without paying enough money to compensate for torpedoing Vic's career. Which has a present value of something between one and five million dollars (according to the lawsuit, which sounds roughly right). In Vic's shoes, I'd be really goddamn tempted to settle for an apology and something like $2.5M (which is enough for a real comfortable income and fucking off to Hawaii or something).

 

[RodgerDodger]

"Actual malice" is not dislike or even intention to harm. It is simply reckless disregard for the truth or knowledge of falsity. One's motive is irrelevant.

I hadn’t thought it through before. But Funimations “we do not support harassment!” Tweet might actually be taken as knowingly and deliberately untrue given what has come out regarding their actual workplace culture and behavior. Just play the Colleen Klinkenbeard video, followed by a few audio leaks. Uh huh, suuurrrre you don’t.

 

[Apocalypse]

I’m just curious as to why the defendants’ lawyers mentioned it to Ty to give him a chance to undo it? They could have slammed him in the hearing without him knowing beforehand.

Apparently because Doucette couldn't shut his mouth on twitter about Ty committing fraud.

 

[fat ugly sped]

I hadn’t thought it through before. But Funimations “we do not support harassment!” Tweet might actually be taken as knowingly and deliberately untrue given what has come out regarding their actual workplace culture and behavior. Just play the Colleen Klinkenbeard video, followed by a few audio leaks. Uh huh, suuurrrre you don’t.

Lying about having a culture that doesn't tolerate harassment isn't defamatory, though. Defamation is making false statements about someone in particular to a third party. There's no person in particular that "we do not support harassment" is about (outside of the context of firing Vic), so it isn't defamation.

 

[AnOminous]

This wasn't posted here yet but I find it interesting. Monica sorta confirmed the "casting couch" story. Not sure how this will help vic but I guess it makes Huck's statements look a bit more credible.

"I thought she was my friend." What the FUCK is that supposed to mean? Stephanie was actually subjected to casting couch shit and Monica hoped she'd STAY QUIET ABOUT IT?

(Assuming this is even legit.)

 

[Legioneer]

Funimation has deep pockets, they aren't getting off the case without paying enough money to compensate for torpedoing Vic's career. Which has a present value of something between one and five million dollars (according to the lawsuit, which sounds roughly right). In Vic's shoes, I'd be really goddamn tempted to settle for an apology and something like $2.5M (which is enough for a real comfortable income and fucking off to Hawaii or something).

Vic strikes me as a person who doesn't work for money, but uses money to do creative work in a more comfortable environment.

He financed the first episode of "Star Trek Continues" from his pocket. The guy knows how to earn money, has straight hands and therefore seems to live much better than other voice actors. He can make movie props himself on a professional level.

I think the money in this story is in 10th place. It's more about his life's work and his legacy.

 

[BimWitted]

Funimation has deep pockets, they aren't getting off the case without paying enough money to compensate for torpedoing Vic's career. Which has a present value of something between one and five million dollars (according to the lawsuit, which sounds roughly right). In Vic's shoes, I'd be really goddamn tempted to settle for an apology and something like $2.5M (which is enough for a real comfortable income and fucking off to Hawaii or something).

I read that apparently Vic is contacting VAs with the possibility of opening his own studio.
Which I really, really hope is true, and he wins, so he can live with the career he loves and runs a company that isn't a dysfunctional, self-serving mess.

 

[Autism Powers]

Andrea Perez has changed law firms, she now is part of Carrington, Coleman, Sloman & Blumenthal, L.L.P. :

So all MoRons attorneys left Cessler Collins during this pre trial, weird

 

[General Relativity QM]

"I thought she was my friend." What the FUCK is that supposed to mean? Stephanie was actually subjected to casting couch shit and Monica hoped she'd STAY QUIET ABOUT IT?

"How dare Stephanie attempt to steal my spotlight by coming forward with her story! I'm supposed to be the brave one since I am getting sued, and if that bitch comes forward, it will take attention away from me. I've never liked that bitch Stephanie anyway. Such a slut. Fuck her for trying to make herself the center of attention again. Oh shit, she's calling me now. 'Hey, Stephanie, you're so brave. Thanks for coming forward with your story. Best Friends!' " - Monica Rial (my interpretation)