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

[TheClappening]

Just uploading it here in case Douchette pulls the plug and to not give him the clicks he craves

 

[Sheryl Nome]

Personally, and this is probably just me, i think he should feel less. Ty Beard should do that appeal Pro Bono, because it was HIS fuckups that derailed things. I think its the one thing that every party in this thread can agree to, Beard. Fucked. Up. And it should not be on Mignona or the GoFundMe to shoulder the burden of that.

Edit: To clarify, since I never said it, i personally have had consistently middling feelings on the case. I doubted people claiming it was as much a slam dunk as they claimed, but also doubted it was as weak as the anti-vic side claimed. I am mostly here to laugh at the absurd parties involved. So when I said Beard derailed it, I don't say that from a pro-vic viewpoint, but from the viewpoint of "If you had a case, you fucked it".

I think you're really overstating and overthinking how much Ty fucked up. In my estimation, Ty didn't fuck anything up, the Judge acted unreasonably.

 

[Gehenna]

Considering Chupp's MASSIVE fuck up. I disagree. This hearing was fucked before anyone filed.

My stance has consistently been that everyone fucked up. I am focusing on Ty because it was relevant tot he comment, but I could also go at length about how Chupp also fucked up. I also could detail how various defendants lawyers fucked up and weakened their parties case. Everyone BUT Marchi's lawyer fucked up.

 

[Spectre_06]

Several things.

1.) The judge admits in the ruling that he uses varying levels of evidentiary requirements throughout the proceeding. Of note, the judge specifically makes mention that Vic failed to establish "by a preponderance of the evidence" that the defamation claim was legitimate, but when it came to TI he failed to establish a prima facie case. On that alone I think the appeal is good to go, as the judge says (without saying) that Vic managed to show a prima facie case on defamation alone (essentially he says he applied a higher burden to overcome and the argument is that if that's the case then they met the lower burden as required under the TCPA).

2.) The judge doesn't delineate if Vic is a "limited purpose public figure" or a full-blown public; in his oral statements during the hearing he said he thinks he's a LPPP,. but in the ruling he simply says Public Figure. Note that he capitalizes those words, which means there's a specific meaning in the law books on that.

 

[Red Wizard]

Personally, and this is probably just me, i think he should feel less. Ty Beard should do that appeal Pro Bono, because it was HIS fuckups that derailed things. I think its the one thing that every party in this thread can agree to, Beard. Fucked. Up. And it should not be on Mignona or the GoFundMe to shoulder the burden of that.

Edit: To clarify, since I never said it, i personally have had consistently middling feelings on the case. I doubted people claiming it was as much a slam dunk as they claimed, but also doubted it was as weak as the anti-vic side claimed. I am mostly here to laugh at the absurd parties involved. So when I said Beard derailed it, I don't say that from a pro-vic viewpoint, but from the viewpoint of "If you had a case, you fucked it".

I'm not sure what difference Ty's mistake makes in the end though. Did it hurt? Definitely. Does it ultimately change Chupp's outcome of throwing out all of it? I doubt it.

 

[Gehenna]

I think you're really overstating and overthinking how much Ty fucked up. In my estimation, Ty didn't fuck anything up, the Judge acted unreasonably.

The affidavits were a fuck up, that should have been posted earlier (With one exception), and whose only logical reason to withhold them was to spring them on the defendants. His failure to notarize them properly lead to him having to pull them and resubmitted them, which he tried to do by making an amended pleading which WAS an end run around an agreement. Not the letter, true, but definitely the spirit.

I'm not sure what difference Ty's mistake makes in the end though. Did it hurt? Definitely. Does it ultimately change Chupp's outcome of throwing out all of it? I doubt it.

I agree, to a point. I could argue that Ty keeping his filings tight and precise from the start could have changed things, but that is hemming and hawing on maybes and possibles.

 

[Long-time Lurker]

That is... the most half-assed ruling I have ever seen. Is this normal? No citations tot he law, no saying how the prime facie case was failed to be met. Just "The court finds it to be true"?

Isn't the US legal system great?

 

[Sheryl Nome]

The affidavits were a fuck up, that should have been posted earlier (With one exception), and whose only logical reason to withhold them was to spring them on the defendants. His failure to notarize them properly lead to him having to pull them and resubmitted them, which he tried to do by making an amended pleading which WAS an end run around an agreement. Not the letter, true, but definitely the spirit.

And then the judge said he would consider them anyways. It literally didn't matter, stop sperging about this.

 

[Red Wizard]

The affidavits were a fuck up, that should have been posted earlier (With one exception), and whose only logical reason to withhold them was to spring them on the defendants. His failure to notarize them properly lead to him having to pull them and resubmitted them, which he tried to do by making an amended pleading which WAS an end run around an agreement. Not the letter, true, but definitely the spirit.

I don't think Ty would have withdrawn them if he thought he was doing something perhaps dangerous. He likely thought it was perfectly within the realm of things he can do, and the judge disagreed.

EDIT: If it was something perhaps that he could have been flagged for, I would have waited until after the hearing to withdraw and resubmit them. It wouldn't have made a difference.

 

[Hoss]

My stance has consistently been that everyone fucked up. I am focusing on Ty because it was relevant tot he comment, but I could also go at length about how Chupp also fucked up. I also could detail how various defendants lawyers fucked up and weakened their parties case. Everyone BUT Marchi's lawyer fucked up.

Ty and Sam could have been fucking PERFECT and the hearing is still fucked in Appeals. You can have the greatest damn attorneys in the United States in that Court Room. If the Judge is shit, it's a shit hearing. Period.

Ty didn't fuck up. Ty simply wasn't perfect in Chupp's eyes. He fucked up in the perspective of the Judge. If the Judge NEEDS to be versed in the Law then it's dead in the water. The Judge should be the one versed more in the Law, at least that's the requirement. Chupp sounds like a good damn lawyer cause he can certainly bullshit his way to a conclusion, but a Judge? No.

 

[Gehenna]

And then the judge said he would consider them anyways. It literally didn't matter, stop sperging about this.

You seemed to have missed the part of the decision where he explicitly states he did not consider EITHER. Paragraph 2.

 

[Red Wizard]

You seemed to have missed the part of the decision where he explicitly states he did not consider EITHER. Paragraph 2.

Yup and that's another appeals point - the judge did not make clear what he was or was not including. His statement is that he would consider them in the hearing, his actions indicated he would include them, but the decision explicitly states he does not.

 

[Hoss]

You seemed to have missed the part of the decision where he explicitly states he did not consider EITHER. Paragraph 2.

>said he would consider them
>consider implying he'll think about it
Consider isn't a word to be used lightly in a court. If I consider to hang myself but NOT do it, did I consider it? Yes. If I said I didn't consider it, I'm lying,

 

[Gehenna]

Yup and that's another appeals point - the judge did not make clear what he was or was not including. His statement is that he would consider them in the hearing, his actions indicated he would include them, but the decision explicitly states he does not.

Yes, this is incredibly appealable by pure matter of procedure. But it could have been avoided by 1: Doing the notarization properly, or 2: Making it an unsworn declaration to begin with, or 3: Submitting them earlier. The judges decision is STUPIDLY appealable, but it was Beard's train of mistakes that brought it about int he first place. Both fucked up.

>said he would consider them
>consider implying he'll think about it
Consider isn't a word to be used lightly in a court. If I consider to hang myself but NOT do it, did I consider it? Yes. If I said I didn't consider it, I'm lying,

I was not using the word consider in any way a judge would. I was using it to say that he outright states neither the affidavits nor unsworn declarations were accepted.

 

[Sheryl Nome]

You seemed to have missed the part of the decision where he explicitly states he did not consider EITHER. Paragraph 2.

Great, him deciding that after the fact is incredibly unfair to the hearing, and may have been abuse of discretion.

 

[Red Wizard]

Yes, this is incredibly appealable by pure matter of procedure. But it could have been avoided by 1: Doing the notarization properly, or 2: Making it an unsworn declaration to begin with, or 3: Submitting them earlier. The judges decision is STUPIDLY appealable, but it was Beard's train of mistakes that brought it about int he first place. Both fucked up.

I agree, those three things could have been done in advance to prevent the scenario from happening. Also, the judge could be consistent about his "deadline". If Aug 30 is the deadline, then the withdrawl of evidence on Sept 3 should have been denied, just like he denied the amended response

 

[Sheryl Nome]

Yes, this is incredibly appealable by pure matter of procedure. But it could have been avoided by 1: Doing the notarization properly, or 2: Making it an unsworn declaration to begin with, or 3: Submitting them earlier. The judges decision is STUPIDLY appealable, but it was Beard's train of mistakes that brought it about int he first place. Both fucked up.


I was not using the word consider in any way a judge would. I was using it to say that he outright states neither the affidavits nor unsworn declarations were accepted.

You seem to think that if affadavits were there, then the decision wouldn't have happened, I find that extremely unlikely given how willing he was to dismiss from the bench in the first place.

 

[Hoss]

Yes, this is incredibly appealable by pure matter of procedure. But it could have been avoided by 1: Doing the notarization properly, or 2: Making it an unsworn declaration to begin with, or 3: Submitting them earlier. The judges decision is STUPIDLY appealable, but it was Beard's train of mistakes that brought it about int he first place. Both fucked up.

Ty fucking up has NOTHING to do with Chupp's decision, ergo it's moot to blame him. This hearing was a farce before anyone arrived to the building.

 

[Gehenna]

>said he would consider them
>consider implying he'll think about it
Consider isn't a word to be used lightly in a court. If I consider to hang myself but NOT do it, did I consider it? Yes. If I said I didn't consider it, I'm lying,

I was not using the word consider in any way a judge would. I was using it to say that he outright states neither the affidavits nor unsworn declartions were accepted.

Great, him deciding that after the fact is incredibly unfair to the hearing, and may have been abuse of discretion.

I'd agree. Just because I say that beard Fucked up doesn't mean everything is his fault. It means he did something incredibly stupid that made everything WORSE, but it takes two to tango and had either the judge OR him be on point, I think things could have been avoided. Instead, both decided to be exceptional.

 

[Sheryl Nome]

It would have been appealed either way. Things did not get made worse. Things are as they are.