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

[Immaculate Ape]

I see this as an absolute win. Either the judge is plotting to use this as an excuse to undo the hearing, an excuse to not file anything so it can't be appealed, or he's a total moron who's been completely biased and means that appealing will go much more smoothly - to the point that they might just replace the judge wholesale.

Frankly, it's so much better that Chupp is a moronic spaz afraid for his life from random mean emails and thinks 'THE ANIME COMMUNITY SHOULD HEAL' instead of 'I NEED TO FOLLOW THE LAW', because if he were a reasonable and competent judge making normal decisions that made sense, appealing things would be much harder and less likely for Vic. And even before Chupp's crazy reared up its head, there was always the possibility some of the charges would be dismissed.

He made a good point that there are a lot more nuances to this case that a simple court case can't resolve.

 

[Gehenna]

I see this as an absolute win. Either the judge is plotting to use this as an excuse to undo the hearing, an excuse to not file anything so it can't be appealed, or he's a total moron who's been completely biased and means that appealing will go much more smoothly - to the point that they might just replace the judge wholesale.

Frankly, it's so much better that Chupp is a moronic spaz afraid for his life from random mean emails and thinks 'THE ANIME COMMUNITY SHOULD HEAL' instead of 'I NEED TO FOLLOW THE LAW', because if he were a reasonable and competent judge making normal decisions that made sense, appealing things would be much harder and less likely for Vic. And even before Chupp's crazy reared up its head, there was always the possibility some of the charges would be dismissed.

While I don't quite agree with your verbage, I do have to admit that "The judge is biased, throw this to another judge" would probably be for the best for EVERYONE involved, case wise. Moneywise its a massive bonfire of money.

 

[Allanon]

He made a good point that there are a lot more nuances to this case that a simple court case can't resolve.

"The court can't fix everything" should hardly mean "The court won't fix anything". There are lots of straightforward answers the court can provide. It's not the court's responsibility to get Vic his jobs back, it can just reimburse him for what was lost, and show that the people defaming him were lying via discovery and jury decisions.

 

[Immaculate Ape]

"The court can't fix everything" should hardly mean "The court won't fix anything". There are lots of straightforward answers the court can provide. It's not the court's responsibility to get Vic his jobs back, it can just reimburse him for what was lost, and show that the people defaming him were lying via discovery and jury decisions.

However, if you can get the people who accused you to just come out and retract their statements in settlement, isn't that really all you need?

At this point, having the defendants rescind their remarks publicly, without a court ordering them to do so, would speak louder than any judgement could

 

[Hoss]

He made a good point that there are a lot more nuances to this case that a simple court case can't resolve.

To save Vic's career, he has to burn their credibility to the ground. This case isn't to mend wounds, it's to repair credibility. No, a court case won't solve these nuances, but it damn well solves Vic's credibility and reputation in the eyes of the law. There is no "kiss and make up" here. Vic and Ty have to lay waste on them until they either yield or flat out lose. Money burned? Absolutely. Chupp should absolutely NOT consider the opinions of either community. This is about Vic, not anything else.

 

[Dumb Bitch Smoothie]

However, if you can get the people who accused you to just come out and retract their statements in settlement, isn't that really all you need?

At this point, having the defendants rescind their remarks publicly, without a court ordering them to do so, would speak louder than any judgement could

It might be a little too late for that because other people are running with the narrative after hearing it from the defense and would never accept a retraction. I don't know how effective that would be.

Disproving it in a court of law would be much more definitive.

 

[quickthrowaway]

Frankly, it's so much better that Chupp is a moronic spaz afraid for his life from random mean emails and thinks 'THE ANIME COMMUNITY SHOULD HEAL'

I'm just having a hard time buying it. He starts off his hearing saying there's a community interested in the case and worrying about people not being able to discern between reality and anime. Then as he's giving info on David Seidler he says, "I think this case deals with things other than legal issues, obviously, because people are invested in it, for some reason."

Emphasis my own. It's just a cover.

 

[Harvey Danger]

However, if you can get the people who accused you to just come out and retract their statements in settlement, isn't that really all you need?

At this point, having the defendants rescind their remarks publicly, without a court ordering them to do so, would speak louder than any judgement could

For reputation, maybe. For TI and lost business, no. The assumption going forward is that Vic will never get another Funi job, and that half or more of his con appearances will dry up due to "the anime community" banning him.

Vic needs to replace his expected future livelihood with up-front funds. Because no matter what the defendants retract, KickVic spergs like Lynn Hunt will chase Vic down for the rest of his life, for free over social media, harassing employers and venues, trying to keep him out of work and broke until he dies.

There is no bridge-building or salvaging to be done in a scorched-earth landscape. As Ty and Nick have said, "the remedy is money".

 

[ddlloo]

Chupp: What's anime?
Chupp: The anime community really needs to heal itself.

Yeah, sure, chief. You really know what the anime community needs. Actually, you're a damn judge who is supposed to be refereeing and make decisions on these litigants and their specific situation - not trying to heal the rift in the anime community, whatever the fuck that is.

Does Vic have a prima facie case? Be a damn judge and give your ruling. Let the Appeals Court decide what it is going to decide. You don't take appeals personally, but why would you mention it? Sounds like you are taking it personal to me. Practically every judge in the US has been overruled, and every lawyer practically has been overruled by some judge. Dude, get over yourself. Do your job, and do it to the best of your ability.

He's not trying to heal the rift, that's him trying to be all mea-culpa and shit to set the tone for one last roll of the dice to get this shit out of his court before he has to REALLY start paying attention (and also for the benefit of evil internet people making threats, to try and calm them down)

I must admit since the TCPA hearing I have been just staring at this in slack jawed wonder, Whoever would have expected that the fucking judge is more autistic than the various spaz's already involved in this?

I don't think he's autistic at all. Just some random judge that isn't the slightest bit internet/fandom savvy and isn't used to these types of cases. He's making this whole thing a lot more hilarious though at the very least.

 

[RodgerDodger]

Texas is the only place where we could get true weaponized autism.

I'd argue for Florida but Floridians are an entirely different species.

I think in Florida the drudges are more prone to be pissing in their pants drunk while hearing cases. But quite frankly nobody blames them, because Florida!

As for predicting what Chupp will do. Don't even waste time trying to make sense of it. He went off the rails a week ago and is chasing butterflies. There is no predicting which way he goes on anything. I'm firmly of the belief that this mandatory mediation is Chupp's attempt to make this go away before a higher court looks at just how badly he fucked it all up. This might actually be a case where the only thing both sides agree to in mediation is to request to have the Judge Sanctioned for the shear insane bullshit.

 

[Gehenna]

Personally, the transcript only made me LESS sure of what is going on. I can see cases for three separate routes:
1: Chupp intends to dismiss the suit entirely, which will shove it out of his docket and onto appeals.
2: Chupp intends to allow EVERYTHING through (or select things) and this is a sign to the defendants to play ball.
3: Chupp is playing coy to get this off his docket and out of his hair permanently.

possibly some others, but I don't think there is enough evidence to prove anything.

I think in Florida the drudges are more prone to be pissing in their pants drunk while hearing cases. But quite frankly nobody blames them, because Florida!

As for predicting what Chupp will do. Don't even waste time trying to make sense of it. He went off the rails a week ago and is chasing butterflies. There is no predicting which way he goes on anything. I'm firmly of the belief that this mandatory mediation is Chupp's attempt to make this go away before a higher court looks at just how badly he fucked it all up. This might actually be a case where the only thing both sides agree to in mediation is to request to have the Judge Sanctioned for the shear insane bullshit.

Part of me, a part that cares nothing for justice or causes and only loves lols, wants to see Chupp sanctioned, this to move onto another judge, only for this to repeat. It just becomes That Case that spells doom and misery to whatever judge gets it.

 

[Immaculate Ape]

For reputation, maybe. For TI and lost business, no. The assumption going forward is that Vic will never get another Funi job, and that half or more of his con appearances will dry up due to "the anime community" banning him.

Vic needs to replace his expected future livelihood with up-front funds. Because no matter what the defendants retract, KickVic spergs like Lynn Hunt will chase Vic down for the rest of his life, for free over social media, harassing employers and venues, trying to keep him out of work and broke until he dies.

There is no bridge-building or salvaging to be done in a scorched-earth landscape. As Ty and Nick have said, "the remedy is money".

It becomes then about sunk-cost, is it worth it to spend X amount of dollars to in return, get Y amount of money where Y amount is exponentially less than what you would have earned if you had simply settled and cut your losses.

Yes, there is principle but then there is also looking at who you're suing and realizing the only one with a bottomless bank account is Funimation. So, if you're looking at spending 5 million to win 6 million (just a crude example) it may not be worth it, whereas if you're spending 5 million to make 15, that may be worth chasing.

 

[tuscangarder]

Vic woulda been better off just given the 250k.

Could have opened a McDonald's franchise.

The paypigs would have a place to pig out.

 

[Polyboros2]

I see that transcript as entirely supporting my prediction. Chupp is going to throw everything out on TCPA, knowing it's probably going to come back on appeal, but at least he'll have kicked the can down the road and he might get lucky and the appeal fails or Vic decides to drop it.

 

[AnOminous]

Isn't him dismissing everything what Vic would want sort of?

It would literally be no worse than some mixed ruling. The appeals court is going to be the real court for this stage of the proceedings anyway since de novo review is essentially a do-over by three judges of the case as it went before Chupp, presumably in a more intelligible form.

At this point, it isn't one the the WORST scenarios case wise. The sticking point would be that while things are being appealed he'd need to put up the defendants attorneys fees for bond. In terms of the case itself, it'd allow a less biased body to view the case, though ty's filings leave something to be desired there.

It would be going on at the same time, perhaps. It's an expedited appeal.

There would be briefing and argument on the sanctions phase as well, but it would be something of a waste of time engaging in protracted proceedings on the subject that could end up overruled in just a couple months anyway. Chupp said something about three months, which sounds optimistic but may be about right for an expedited appeal.

 

[2lolis1cup]

It becomes then about sunk-cost, is it worth it to spend X amount of dollars to in return, get Y amount of money where Y amount is exponentially less than what you would have earned if you had simply settled and cut your losses.

Yes, there is principle but then there is also looking at who you're suing and realizing the only one with a bottomless bank account is Funimation. So, if you're looking at spending 5 million to win 6 million (just a crude example) it may not be worth it, whereas if you're spending 5 million to make 15, that may be worth chasing.

Sunk cost fallacy is going to be a huge factor for 3 of the defendants. Funimation is really the only one that has the real possibility of objective views. While you are right about the monetary cost you forget an important cost to them. Ideological cost is more important to them.

It is literally go woke, go broke for them. They have only the meagerest of reasons to continue this lawsuit. The only thing that is keeping them going is Lawtwitter telling them that Vic will pay them all this money. They have lived in a liberal bubble for years and have insulated themselves from reality. They believe if they are the "strong victims", that nothing bad can happen to them.

Jamie and Monica have their careers hanging on this case just as much as Vic does. If they admit to lying, they will never work in anime again. If they are forced to pay 7 million dollars to Vic, they "win" on wokeness. It really is a no win scenario for them unless they make Vic kill himself.

 

[NotaLolyer]

Are you faggots asleep or just too busy getting trolled...

Someone remove the grease stains

 

[N1bbaN3rd]

I must admit since the TCPA hearing I have been just staring at this in slack jawed wonder, Whoever would have expected that the fucking judge is more autistic than the various spaz's already involved in this?

Chupp isn't autistic. He's a lazy, apathetic asshole - just like the overwhelming majority of public servants.
His famed "work ethic" has bitten him in the ass and frankly, he deserves it.

 

[Zero Day Defense]

Doucette got smart and decided to bake in his worthless watermarks into the document this time.

If this sorry excuse for a lawyer and father drops himself off the face of the earth, it'll be too soon.

It really is a no win scenario for them unless they make Vic kill himself.

Then they'll have blood on their hands, especially with what we know now about their claims.

 

[TherapyMan]

My read on the situation is that Chupp sees the appeals process as inevitable given his prior bench rulings, and he hints he thinks the appeal probably will succeed to get most of the causes of action at least past the TCPA level, given his comments to Sam Johnson.