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

[Hoss]

If anything, that church case was even more publicized and more bitter. People get completely crazy about religious shit.

True, but I'm sure Chupp could take some shit flinging from insane Christians or militant Atheists.

Threats from a 300 Pound fat man wearing a Sailor Moon outfit with a katana?
I'd be making some phone calls...

 

[General Relativity QM]

Except that TCPA dismissal means that Vic pays for their legal costs.

Except a TCPA dismissal by Chupp is not the end of the case. There is obvious appeal-able error, and you still risk the TCPA dismissal being overturned by the Court of Appeals. Now, you aren't getting your fees paid, and it costs more to settle if you wanted, and you are now subject to discovery. Discovery could be very embarrassing and expensive.

 

[Gehenna]

If I might speculate, I think this might be Chupp's realization.

From his judicial history, we know he very, very rarely has handled cases in this realm. Couple this with demonstrable facts like the fact he didn't know that defemation per se assumes damages. Add in the sheer size of the filings.

My running assumption is that the sheer size prevented him from boning up on the relevant case law and he had hoped to wing it while generally not approving of anyone involved.

The thing is, eventually he had to look at that case law for his decision. And what he'd find is that he fucked up. The TI specifically was a big one. I think this might be his attempt to fix his own mistake post-fact.

 

[AnOminous]

I can respect your point of view, and I can see from where you are coming. I still think it will be cheaper to settle with Vic. VAs don't make that much money from their acting. Just offer him an average of what his last 5 years have been for x number of years. It will likely be cheaper than fighting the appeal in court even if it is dismissed under TCPA.

That or do something that will repair the harm to his reputation. Of the defendants, they are the only ones who can actually do that.

 

[lawtwitterthrowaway]

Except a TCPA dismissal by Chupp is not the end of the case. There is obvious appeal-able error, and you still risk the TCPA dismissal being overturned by the Court of Appeals. Now, you aren't getting your fees paid, and it costs more to settle if you wanted, and you are now subject to discovery. Discovery could be very embarrassing and expensive.

There's a bunch to explain here, so I'll just try to get through it all. Firstly, even if an appeal happens, it won't happen immediately unless he dismisses Vic's whole case (which would preclude discovery). Second, if any claims make it past the TCPA, the case continues onwards into discovery and summary judgement, but the very fact that there are claims dismissed under the TCPA means that the defendants are presumably owed attorney's fees regarding those claims, which Vic would be required to post a bond for pending the outcome of the rest of the case. That's a bond for...I'm guessing 200k at the very least, which Vic would be required to cough up. Thirdly, discovery goes both ways. It wouldn't only be embarrassing and expensive for the defendants...

 

[Wazzupnerds]

As someone who's been monitoring this spergfest, I am loving this. Im a complete fence sitter on this spergery and I need more salt from both sides. Chupp2020

 

[AnOminous]

@DinkyCowSow What are you looking for here? And no, I don't buy your "I'm just pretending to exceptional" or "I'm setting up an epic trololol" arguments.

I'm no expert, but I would have guessed threats and mean words would be normal for a judge. Every case they rule on from parking tickets to mass murder is going to get someone pissed off at them.

Which is why, frankly, he shouldn't even be discussing it in the context of a decision he's making.

 

[X Prime]

Hah, as if Vic has much left to lose with discovery given what has happened.

It's everyone else who has a lot to lose if discovery happens.

 

[Hoss]

That or do something that will repair the harm to his reputation. Of the defendants, they are the only ones who can actually do that.

Volte-Face is a bitch.

 

[2lolis1cup]

I think it would be cheaper for Vic to settle now too. Attorney's fees awards aren't cheap. Of course, that would be the smart move for him to make. For Nick and Ty, it would mean the money dries up, so we'll see how that goes.

That makes no sense what so ever for ANY party. The TCPA is basically already done. Vic would be on the hook for 99% of damages if he is ruled against. What leverage could there possibly be to settle for that 1%. Monica, Toye, Marchi and funimation would be walking free if they won, so why would they settle now.

Nothing you said makes any sense. Every party is invested in the TCPA and has no logical reason to settle before it is decided.

There's a bunch to explain here, so I'll just try to get through it all. Firstly, even if an appeal happens, it won't happen immediately unless he dismisses Vic's whole case (which would preclude discovery). Second, if any claims make it past the TCPA, the case continues onwards into discovery and summary judgement, but the very fact that there are claims dismissed under the TCPA means that the defendants are presumably owed attorney's fees regarding those claims, which Vic would be required to post a bond for pending the outcome of the rest of the case. That's a bond for...I'm guessing 200k at the very least, which Vic would be required to cough up. Thirdly, discovery goes both ways. It wouldn't only be embarrassing and expensive for the defendants...

They can be owed fees for years that it will take to get Vic to pay. This is of course ignoring the fact Vic can win on appeals and they get nothing.

You also seem to think thousands of pages of garbage and hearsay is going to be admissible in REASONABLE damages.

 

[ES 195]

As someone who's been monitoring this spergfest, I am loving this. Im a complete fence sitter on this spergery and I need more salt from both sides. Chupp2020

Both sides? At this point I think Chupp's rulings are also worth laughing at , all three sides are worth watching.

 

[Wazzupnerds]

Both sides? At this point I think Chupp's rulings are also worth laughing at , all three sides are worth watching.

Shit your not wrong. We need some kind of tri-fence to sit on

 

[A_throwaway_name62919]

Thirdly, discovery goes both ways. It wouldn't only be embarrassing and expensive for the defendants...

They already got their embarrasment out of Vic. Remember, they already deposed him, and unlike Monica and Ron who failed to turn over their discovery(and have a pending motion to compel it last I checked), and Funimation who filed their TCPA 2 days before their discovery was due, Vic actually turned over his discovery. It's Funimation who loses big time if the case against them proceeds to discovery and them being deposed. That's before subpoenas start getting issued to conventions that canceled on Vic, and to discord and twitter and any non-Funimation email providers.

 

[Gehenna]

Both sides? At this point I think Chupp's rulings are also worth laughing at , all three sides are worth watching.

Every party to this thing is fucked, so... might as well watch our justice system burn with a side of popcorn.

 

[Imperial Agent]

The alleged threats.

Since they aren’t from either party, would they still be ex parte? My understanding of the term was one party communicating absent the other.

 

[Sheryl Nome]

I just have no fucking clue what Chupp is thinking, what the fuck does he think is gonna happen in this Mediation

Marchi is going to flip the bird and say 'I'm already out, fuck you'
MoRon have no intention to Settle

Funi and Vic MIGHT have some reason to Settle, but it would be so, so stupid for Funimation to settle while a possible TCPA win is hanging out there. I guess you could argue this is a sign their TCPA might fail but I fucking very much doubt they believe that.

Funi probably has the most to lose if this gets past TCPA, but I honestly just don't see it happening.

 

[Crabbo]

This is how I see it.
Be Chupp.
Be enjoying quiet life, dealing with simple cases.
Get a case about online defamation, and roll your eyes.
Get into it, and it seems like a rape accusation that was blown all over, and some nobody celebs in cartoons are shrieking about it all the time.
Whatever, deal with this and move it on.
Paperwork arrives, looking like a fucking book.
Whatever, browse it and move on. who cares.
Second book arrives, okay this is a problem....
Drowning out my other cases with the sheer amount of paper.
Newspapers are starting to cover this.
Start realizing I have made some hasty calls, which were factually wrong.
Realize this nothing defamation is an autism grenade, and the pin went missing at some point..
Start getting threats from P0nYFuCkEr420 about not believing all whamens.
Oh God how do I get rid of this?

 

[X Prime]

I just have no fucking clue what Chupp is thinking, what the fuck does he think is gonna happen in this Mediation

Chupp fundamentally doesn't grasp that careers can be ended over internet rumors in some industries, would be my guess.

 

[General Relativity QM]

There's a bunch to explain here, so I'll just try to get through it all. Firstly, even if an appeal happens, it won't happen immediately unless he dismisses Vic's whole case (which would preclude discovery). Second, if any claims make it past the TCPA, the case continues onwards into discovery and summary judgement, but the very fact that there are claims dismissed under the TCPA means that the defendants are presumably owed attorney's fees regarding those claims, which Vic would be required to post a bond for pending the outcome of the rest of the case. That's a bond for...I'm guessing 200k at the very least, which Vic would be required to cough up. Thirdly, discovery goes both ways. It wouldn't only be embarrassing and expensive for the defendants...

Everything you wrote is accurate from my understanding. I am not sure that it is a case for why Funimation should stay in this case though. As others have pointed out, Vic has already been subject to some discovery and a deposition.

 

[X Prime]

Refresh my memory, which parties were the ones playing all sorts of games to delay having to hand over discovery materials?

It wasn't Vic. It was the defense. They absolutely do not want discovery to happen because they know it would be an utter disaster for them. Vic's dirty laundry has already been aired, in comparison, because he did not play games.