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

[Immaculate Ape]

If they don't accept what settlement? Vic saying "I agree to pay all your legal fees plus you get to call me a child molester and hound me to my grave every day for the rest of my life" isn't going to happen.

I think we’re making separate points.

I’m not talking about what the defendants should do, I’m saying that current circumstances have likely created an environment in which they lack the motivation to settle.

They are clearly short sided people, and absent a reality check that has yet to occur, there is no reason to believe they would feel compelled to settle at this stage, even when offered a fair deal.
You’re talking about factors which will make a decent settlement offer unlikely.

That is a completely separate issue from whether Vic would be motivated to settle. If a decent offer was presented, Vic would have a good motivation to accept.

This is where a skilled mediator comes in. Clearly both sides aren't willing to budge, and one side is light years more exceptional.

Getting a skilled mediator to sit down and Mr. Rodgers this thing could be what's needed to get a resolution that fits all parties.

It all comes down to how completely delusional Monica/Ron/Lemoine are. Cause there's a point where if they go too hard on that horse, it's gonna buck them off.

I know folks really, really want this to continue ad infinitum but, there is a point where the parties realize they're heading towards a zero-sum.

 

[Dumb Bitch Smoothie]

I really wanna see the defense get fucked so hard that they become celibate and paranoid, and then disappear into nothingness.

 

[Immaculate Ape]

I really wanna see the defense get fucked so hard that they become celibate and paranoid, and then disappear into nothingness.

There is a slight chance you're a tad bit too emotionally attached to the case, if that's truly how you feel

 

[AnOminous]

I think we’re making separate points.

I’m not talking about what the defendants should do, I’m saying that current circumstances have likely created an environment in which they lack the motivation to settle.

Nobody has a motive to settle or a reason to settle, or a settlement that would be remotely satisfactory to them.

This is why it's absolutely fucked to try mediation now. The vast majority of cases settle after some major decision on the merits. For instance, in a copyright suit, there's usually an injunctive relief phase and someone either gets or doesn't get a preliminary injunction. This is often instantly appealed, much like TCPA. It's an interlocutory ruling that has an automatic right of appeal, much like the TCPA. It's before discovery, much like the TCPA.

The appeals court invariably opines to some extent on the merits of the case, as it will in a TCPA case, and while this isn't binding, it's a good roadmap as to how the appeals court views the case and how it's likely to proceed. In short, it gives the parties an objective concept of what the case is worth. At that point, it makes sense to talk settlement because everyone has some idea how things are going to go from then on.

It makes absolutely no sense to talk settlement when the defendants are high on a victory, assume the judge is on their side or, like Marchi, have literally already won the entire case against them. What could Vic possibly offer them that would be palatable to him? Agree that he raped hundreds of people and go kill himself?

If he was going to do that he already would have.

 

[Legioneer]

No, Vic has no motivation to settle right now.

On the contrary. He has every reason to ask, "Why don't you apologize, tell everyone that your words about me were not true, and we're done here. Then I don't need monetary compensation."

In this sense, he benefits the most from this mediation. If they agree, he has solved most of his problems. If they disagree, they are bad guys. Because they have already shown in court that they don't have anything real against Vic.

What's his position in court, "I just want to clear my name! In that case, I don't need your money".

It's ridiculous to ask Vic to settle for less, because he already wants at least words. Waiting for him to give in unilaterally is not a compromise.

If their position is, "We think we're right and that's why you should burn!" Then they are acting like children.

 

[Dumb Bitch Smoothie]

There is a slight chance you're a tad bit too emotionally attached to the case, if that's truly how you feel

Any emotional attachment stems from the fact that people who make false rape accusations and ruin people's lives should be put in institutions for the rest of their lives, but believing women is more important than the truth.

Therefore, that is what I'd love to happen.
It won't happen, but the idea is pleasing.

 

[TexOffender]

There is a slight chance you're a tad bit too emotionally attached to the case, if that's truly how you feel

We just want to see the good guys win.

 

[AnOminous]

Wanna know the best case scenario? They settle.

This is always the best case scenario. It was the best case scenario before the lawsuit was even filed. It was the best case scenario the day after the lawsuit was filed, and every subsequent day. It's the best case scenario right now.

It's just very unlikely to happen.

Any emotional attachment stems from the fact that people who make false rape accusations and ruin people's lives should be put in institutions for the rest of their lives, but believing women is more important than the truth.

They're not crazy. They're guilty. Prison's the place.

Note that despite the defendants constantly calling Vic a sex predator and pedophile and all sorts of terrible things, the record is devoid of a single instance of Vic even having sexual intercourse with anyone.

 

[Immaculate Ape]

We just want to see the good guys win.

There are no "good" guys, just cows to laugh at.

 

[Dumb Bitch Smoothie]

They're not crazy. They're guilty. Prison's the place.

Note that despite the defendants constantly calling Vic a sex predator and pedophile and all sorts of terrible things, the record is devoid of a single instance of Vic even having sexual intercourse with anyone.

I would agree in some circumstances but in others there is influence from an outside source that makes them believe accusations are the appropriate course of action. A thorough mental health assessment and observation can separate the ones who do need to be in psychiatric care from the ones who aren't.

Those who are not can rot in a jail cell or "take a vacation" to a work camp in North Korea.

 

[Padoru]

There are no "good" guys, just cows to laugh at.

i would argue that at least as of current standing there is one good guy. Vic. His worst offense is wearing gay-ass pants but other than that he's been nice and tame and only wants his name cleared for his fans to be able to enjoy his work while he gets to enjoy his fans presence

 

[5t3n0g0ph3r]

This is where a skilled mediator comes in. Clearly both sides aren't willing to budge, and one side is light years more exceptional.

Getting a skilled mediator to sit down and Mr. Rodgers this thing could be what's needed to get a resolution that fits all parties.

Unfortunately, the mediator is a damned Super Lawyer. Take that for what its worth.

 

[Padoru]

Unfortunately, the mediator is damned Super Lawyer. Take that for what its worth.

i'd say to reserve judgement on the mediator for now. He may be a super lawyer but previously somebody mentioned that his track record seems pretty decent

 

[Kendrick]

i'd say to reserve judgement on the mediator for now. He may be a super lawyer but previously somebody mentioned that his track record seems pretty decent

I've yet to hear about a super lawyer that wasn't exceptional, but I'm open to be surprised!

 

[Legioneer]

Nobody has a motive to settle or a reason to settle, or a settlement that would be remotely satisfactory to them.

I think it's important to divide the money and the apology here.
The court cannot oblige defendants to apologize, even if Vic wins the case. In this case, they will simply pay Vic's moral and business compensation and return part of his lawyer's expenses. But they will retain the right not to retract their words. If they repeat their words again, they will be threatened again that it will cost them dearly. But they can just say, "I haven't changed my mind," and they've already paid for that right at the end of the lawsuit. This particular phrase, "I haven't changed my mind," after losing the trial they can repeat for the rest of their lives.

Of course, in the perfect world of their fantasies, they'll win the case 100% and all the damage will go to Vic because they're right.
But in the real world they have a choice, either to apologize and save money, plus everything will cool down very quickly, or wager to win and risk losing a lot of money.
Of course, they had this choice all this time and without the judge's order. But in this case, if their lawyers convinced them that the case is almost impossible to lose - the judge seems to imply to them that even from his point of view their position is not so unshakable. That they really risk losing a huge pile of money here.

In this sense, the opinion of the judge is a new factor for defendants. Which was not on the table before. The situation can be seen as one in which the judge hints to the defendants that their lawyers may not have been completely honest with them or may have misjudged the situation.

 

[Padoru]

I've yet to hear about a super lawyer that wasn't a lolcow weirdo, but I'm open to be surprised!

i absolutely agree. We never know for sure until it happens but we also shouldn't assume he's a lolcow till we see him be as such

 

[Hoss]

There are no "good" guys, just cows to laugh at.

There are cows like Chris-chan, then there are cows like Johnathon Ross....one of these cows belongs in prison. There are definitely different cows.

 

[TherapyMan]

Nobody has a motive to settle or a reason to settle, or a settlement that would be remotely satisfactory to them.

I would argue that Funimation and Vic both do, and what Funimation has to do to satisfy Vic is relatively small. Even if this whole debacle hasn't adversely affected Funimation's bottom line, which I assume it has, remaining in the law suit continues to pose the risk to their bottom line if the discovery stay is lifted. The damages Funi would have to pay out if Vic wins is chickenfeed compared the potential damages to their brand caused by this very public and contentious litigation. This sort of thing is a nightmare for corporations, and it's simply not worth fighting it out, ESPECIALLY because Vic has frequently indicated that he's not really in this for the monetary damages award, which gives Volney plenty of leverage to low-ball a settlement in exchange for other ameliorating measures (such as a public apology, a retraction, a repudiation of the other defendants, etc.). I don't think Funimation has any real incentive to continue with this lawsuit if it gets past TCPA (which, my reading of the tea leaves says it will) other than they simply have more funds to burn than Vic.

If Ty is smart, he will try to get Funimation to fold on the other defendants at the mediation session.

 

[Garm]

The reason to settle would depend on several factors.
1. Who is most likely to fail the TCPA?
2. What are the odds that the rulings will be over turned?
3. Was there any meaningful communication with those people that would be found in discovery?

Right now mediation seems to be a "last chance" option.

The appeals court is probably going to look at the TCPA hearing and go "What the fuck. What the fuck. What the fuck."

Once it gets bounced back to Chupp discovery most likely starts and the defense unravels because they didn't cover their tracks at all.

So even if they win TCPA they'll be back to court in a year. Might as well skip the filler arc and get to where the villains surrender.

 

[Takayuki Yagami]

I still for the life of me can't figure out why Funi hasn't done this. The only logical reason is that they have proof Vic is a rapist. Any other reason is absurdly stupid.

Because people that have undue influence (Sabat for example) want him gone. The fact that Funi doesn’t owe these people shit, and most VAs that would leave being utterly replaceable, is something that probably hasn’t dawned on them due to the company being staffed by window-licking r etards and ideologues.