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

[AnOminous]

It's a bad look, maybe it will make the appeals court unimpressed from the outset, but it doesn't technically have any long reaching consequences yet.

So far it's unlikely that any judge has seen much, or even anything, of the case. The clerk of courts generally handles the early part of these cases and doesn't deliver a package of material to the panel until at least the record and opening papers have been assembled. It's possible nobody but the clerk and we obsessives will even notice it.

 

[Allanon]

So far it's unlikely that any judge has seen much, or even anything, of the case. The clerk of courts generally handles the early part of these cases and doesn't deliver a package of material to the panel until at least the record and opening papers have been assembled. It's possible nobody but the clerk and we obsessives will even notice it.

I wouldn't know this, but is it possible this is a side-effect of us just obsessively pouring over the material, then? Not BHBC messing up per se, but that anyone even noticed to make a big deal of it in the first place is just because there's a bunch of people looking at everything?

 

[Garm]

So far it's unlikely that any judge has seen much, or even anything, of the case. The clerk of courts generally handles the early part of these cases and doesn't deliver a package of material to the panel until at least the record and opening papers have been assembled. It's possible nobody but the clerk and we obsessives will even notice it.

Ya getting us all agitated because everyone here has the autism. Alright then.

 

[Immaculate Ape]

I wouldn't know this, but is it possible this is a side-effect of us just obsessively pouring over the material, then? Not BHBC messing up per se, but that anyone even noticed to make a big deal of it in the first place is just because there's a bunch of people looking at everything?

It's a mix of people obsessing over every detail, a bunch of concernfag trolls inciting the circle, and some law twitter ejaculates stoking debates when there's literally nothing newsworthy going on.

Everyone is bored, but freaking out over what color ink Ty signs his documents with etc. is hardly worth 10 pages of autism.

 

[N1bbaN3rd]

View attachment 1001089
I just really want to see his powerpoint presentations right now. I heard so much stuff about the level of trashfire they are.

Was this the powerpoint presentation that Chupp didn't even give a fuck about? And lemonparty charged $1,648 for it?
Talk about chutzpah.

 

[Zbk3VmLfujjzjxBd43tL]

I wonder if Ty was only so successful with his firm because he knew how to market himself to the right clients, because his fuckups are embarassingly bad at this point. It's hilarious how he was memed into being some god of war using his tactical knowledge in the courtroom but his performance so far is WWII Italian Army-tier. I'd hate to see Vic totally lose but if he does laughing at clips of Ty on Nick's show or posts of Kiwis (including me!) playing up how great Ty is will be great fun.

We're quickly descending into Clown World here, so better learn to laugh at the results of an honest man getting screwed out of a lot of money and most importantly justice by a garbage law, an incompetent lawyer, a lazy judge, and a one-lunged brain-damaged asshole.

If there is any party that should care about this case as much as Lemoine does, it should be the fucking plaintiff. Nothing about any of the filings has shown that the plaintiffs even want to continue pursuing this case. If Ty didn't have the time to take this case then he shouldn't have in the first place. He could have just referred Vic to Hsu and be done with it.

This whole thing is bothering me more and more, although maybe it's just the ISWV narrative (which seems increasingly divorced from legal reality as KickVic is from the rest of reality) and not what's actually happening. Like according to what I keep hearing, "just recently", Vic has decided to "go full nuclear" on the case. Why just now? If you're going to take a huge gamble like this that eats up your life, prolongs the attacks you suffer, and could cost you over a million dollars in the end, you don't "just now" decide to let your lawyers go full nuclear. That's a colossal waste of your money and time. You go full nuclear from the start so you can offer these assholes a reasonable (from Vic's point of view) settlement instead of grinding them into the dirt.

And then Ty's continual fuckups on the case, which tend to be excused as Chupp's fuckups. Lazy as John P. Chupp is, odds are the Appeals Court will uphold most of his rulings (since Ty fucked up presenting the case) albeit with an actually well-written decision so they don't legalize defamation or TI. I know BHBC is a busy firm, but there's no excuse not to focus extra on a case which is being published in local media AND niche internet media. Hopefully the boomers there will focus more on this since NPR has jumped in the fray. If you don't win a case like this, all that will be left is the bad publicity. That'll be solid punishment for BHBC in that circumstance.

 

[TheClappening]

Was this the powerpoint presentation that Chupp didn't even give a fuck about? And lemonparty charged $1,648 for it?
Talk about chutzpah.

When you think about it, they're paying over $1600 for a picture of a dumpster fire.

 

[Jaimas]

When you think about it, they're paying over $1600 for a picture of a dumpster fire.

Why was this necessary? You don't need to pay anything to see Rial's Twitter feed.

 

[Nontransferable]

Like according to what I keep hearing, "just recently", Vic has decided to "go full nuclear" on the case.

You heard wrong. Vic said this in a recent Unlocked live stream.

I'm not really sure what to do about that cause some people say I should be more assertive, that I should pull off the gloves and stop being so nice, but that's not the person I want to be and I don't know, you know they're out there running rampant, taking any opportunity they can anywhere to get any attention, and I don't know exactly how best to respond.

 

[GenericReviewerDraco]

I don't think the "forgetting to have the money" will have any large consequences (they'll likely pay) but man, Ty is screwing up. Not sure if its him being too cocky about the opponents, the judge being exceptional, or nervousness.

Seriously, a slam dunk case can easily devolve into a trainwreck just through overconfidence.

 

[Much Ado About Nothing]

Was this the powerpoint presentation that Chupp didn't even give a fuck about? And lemonparty charged $1,648 for it?
Talk about chutzpah.

I remember I heard from, I do not recall where, that the powerpoint included a picture of an actual dumpsterfire. And I just...I just really want to see the exceptional shit that could have been in it. That they may have charged 1648 bucks for dumpsterfire powerpoint, I....I...am a little speechless at the notion that dumpsterfire powerpoint, cost them this.

Small Nick Rekieta Cost-calculation that I ought to have done yesterday:
All the posts I found that included Nick rekieta somehow all added up to the modest sum of : 12576.5 dollars. Just for the record.
That's right, Toye and Rial , well, I should say FUNIMATION, have spent this on Nick.

For those who missed this yesterday and wonder why I am claiming Funimation is possibly footing the bill; I found this in Casey Erick's WebTimeQueryTime report

Client no:11637
Client: FUNIMATION.
The only names mentioned in information text below at various points, is Monica, Jamie or Ron.

This I missed yesterday, so adding it now. So what may the title for all of this be you ask? What name has he given this lawsuit/case, where Ron and Monica are his CLIENTS?
Well, allow me to inform you:

That's right: Mignogna v. FUNimation.

Hmmmm. Did he represent all defendants at some point?

 

[EmuWarsVeteran]

I remember I heard from, I do not recall where, that the powerpoint included a picture of an actual dumpsterfire. And I just...I just really want to see the exceptional shit that could have been in it. That they may have charged 1648 bucks for dumpsterfire powerpoint, I....I...am a little speechless at the notion that dumpsterfire powerpoint, cost them this.

Honestly I am having to make multiple power points for university work and I fucking wish I was paid even a cent for them. Just, 1648? How even? It's a fucking power point. Did lemoine have a to take multiple fucking courses or something? Even then. It's a fucking power point and youtube exists! Oh who am I kidding of course he needed to hire a teacher and an assistant just to understand how powerpoints work, the west nile is to blame, because it damaged his brain so thoroughly he can't even comprehend the concept of logic, yet somehow it didn't even have the decency to put him out of his misery and just left us with this zombified potato until we put ourselves out of ours.

 

[teriyakiburns]

I don't think the "forgetting to have the money" will have any large consequences (they'll likely pay) but man, Ty is screwing up. Not sure if its him being too cocky about the opponents/judge being exceptional or nervousness.

Seriously, a slam dunk case can easily devolve into a trainwreck just through overconfidence.

What we're seeing is a classic cascade failure. One thing breaks, and that leads to multiple things breaking subsequently. In engineering it's because that one thing breaking put unexpected stress on other elements of the system, each of which then fails and leaves further stress on subsequent elements, that then fail even more rapidly in turn.

Here it's likely a psychological stress; the fuck up prior to chupp, or the hearing itself, threw them off balance, creating unanticipated stressors that they're having to compensate for when they should be focused in maintaining forward momentum. Now we're close to the point where bits start to shake off.

 

[EmuWarsVeteran]

What we're seeing is a classic cascade failure. One thing breaks, and that leads to multiple things breaking subsequently. In engineering it's because that one thing breaking put unexpected stress on other elements of the system, each of which then fails and leaves further stress on subsequent elements, that then fail even more rapidly in turn.

Here it's likely a psychological stress; the fuck up prior to chupp, or the hearing itself, threw them off balance, creating unanticipated stressors that they're having to compensate for when they should be focused in maintaining forward momentum. Now we're close to the point where bits start to shake off.

This is indeed very likely a combination of stress, excess of work and the communication issues brought on by bringing new team members at this point, but it's a minor mistake that likely means nothing in the long run, so it's likely it'll even serve to give the new guys a wake up call they probably needed. I hope they took it and organized properly.
On a side note: when will the next bit of news about the appeal come? Any likely date for the appeals court to start waking up already? 'Cause on a nleaker note as I said on the weeb wars forum, many ISWV are taking this personally because they're using it to gauge the state of the country, so if they don't get some good news soon enough I am convinced one of them's going to go full JosephTX and do something really stupid, they need the morale ASAP, and Chuck is making things worse with his full Wilson.

 

[Dumb Bitch Smoothie]

On a side note: when will the next bit of news about the appeal come? Any likely date for the appeals court to start waking up already? 'Cause on a nleaker note as I said on the weeb wars forum, many ISWV are taking this personally because they're using it to gauge the state of the country, so if they don't get some good news soon enough I am convinced one of them's going to go full JosephTX and do something really stupid, they need the morale ASAP, and Chuck is making things worse with his full Wilson.

The KV camp is praying for someone to snap so they can chimp out about it and use it to further their own cause.

I don't have an answer but I hope that nobody is dumb enough to get baited into that sort of behavior.

Leave that to Manjaw.

 

[AnIncredibleDerp]

And then Ty's continual fuckups on the case, which tend to be excused as Chupp's fuckups. Lazy as John P. Chupp is, odds are the Appeals Court will uphold most of his rulings (since Ty fucked up presenting the case) albeit with an actually well-written decision so they don't legalize defamation or TI.

Okay, I know Ty has fucked up, but can we stop with this autism? If they uphold Ron and Monica TI they are fucking retarded just from Ron's texts,, and there's good evidence for Ron and Monica defamation based on Ron getting his info from PULL and Monicahanging around Vic and hugging him after.

It wasn't Ty's fault he had a binder prepared ("but muh messy filing" that's what the binder is for, numbnuts) but Chupp decided he'll just use the defense's. It wasn't Ty's fault he said he'll consider the affidavits then didn't. And if he fumbled during the hearing, remember he had a binder that the couldn't use, while the defendants had the binder and their retarded Powerpoint presentation.... it wasn't Ty's fault that he demanded more damages from TI, just arbitrarily, namely that he had to renegotiate the first contract and that Chupp wanted evidence of written contracts that cancelled him rather than accepting the prima facie evidence that these cons would not just declare they cancelled Vic if they didn't have him booked to begin with. It wasn't Ty's fault that he threw out interference with prospective business together with TI with existing contracts for no reason.

Ty made a big mistake with the affidavits, but I believe he didn't think they'd be necessary. And actually knowing what's in the record other than the affidavits (there's actually other things there, guys! It's not just those!) I don't blame him. The texts, the tweets, Marchi's tweet togetherwith a clip of her initiating a fake makeout session in front of a crowd in a con (yeah, that's what you'd do with your abuser, right? If that's not prima facie evidence of actual malice, AKA that her story is false, I don't know what is). I subscribe to the idea that Hsu-Martinez told him of how exceptional Chupp is and he tried to rush it causing that error.

 

[EmuWarsVeteran]

Okay, I know Ty has fucked up, but can we stop with this autism? If they uphold Ron and Monica TI they are fucking exceptional just from Ron's texts,, and there's good evidence for Ron and Monica defamation based on Ron getting his info from PULL and Monicahanging around Vic and hugging him after.

It wasn't Ty's fault he had a binder prepared ("but muh messy filing" that's what the binder is for, numbnuts) but Chupp decided he'll just use the defense's. It wasn't Ty's fault he said he'll consider the affidavits then didn't. And if he fumbled during the hearing, remember he had a binder that the couldn't use, while the defendants had the binder and their exceptional Powerpoint presentation.... it wasn't Ty's fault that he demanded more damages from TI, just arbitrarily, namely that he had to renegotiate the first contract and that Chupp wanted evidence of written contracts that cancelled him rather than accepting the prima facie evidence that these cons would not just declare they cancelled Vic if they didn't have him booked to begin with. It wasn't Ty's fault that he threw out interference with prospective business together with TI with existing contracts for no reason.

Ty made a big mistake with the affidavits, but I believe he didn't think they'd be necessary. And actually knowing what's in the record other than the affidavits (there's actually other things there, guys! It's not just those!) I don't blame him. The texts, the tweets, Marchi's tweet togetherwith a clip of her initiating a fake makeout session in front of a crowd in a con (yeah, that's what you'd do with your abuser, right? If that's not prima facie evidence of actual malice, AKA that her story is false, I don't know what is). I subscribe to the idea that Hsu-Martinez told him of how exceptional Chupp is and he tried to rush it causing that error.

Holy shit ladies and gentlemen here we have it, the unicorn status rarity that blew my mind. A newfag without an avatar that actually makes sense and good points! Round of applause everybody, this is fantastic.

 

[BigDuckEnergy]

I think this late payment ties into something i have suspected for a long time, and the recent receipt drops kind of confirms it.

I know the "mahoosive warchest" is a bit of a meme but look at what each defendent is paying. Yes, they are padded a bit, but Vic is up against 4 defendants.

The warchest is THE budget and Vic hasn't been willing to drop his own money into it. All the so called laziness, sloppiness or incompetence is really just cost cutting because they are working to this budget.

This would also explain that other firm that said Vic couldn't afford it, because he probably walked in and said he was only willing to spend x amount on the lawsuit.

The warchest has probably already run out long ago, and every single piece of work since has involved them trying to get Vic to be willing to pay for it.

Meh, I'm half asleep and don't write so good but i think people will understand what I'm trying to say here.

 

[Apteryx Owenii]

I know they have a whole 'nother week and it is probably more a miscommunication due to handing the case over. It is most likely on the "to do list."
I just doubt anyone wants to hear excuses right now. That hey, the check is in the mail and it will be resolved immediately making this hand wringing unnecessary.
People are annoyed and frustrated by this and should take a walk for a little while.

The reason people don't want to hear excuses is based on recent past results. It's looking like a cycle: Someone fucks up X, there's an echo chamber about how it's not a big deal and lawyers fuck up X all the time, then the case suffers for it, then the judge or technology or the system gets blamed as if it not something that could have been helped. Rinse, repeat, and remember that 'we've already won'.

A few streams ago Rekieta was ranting about how a good case had been screwed over by the judge throwing things out on technicalities as if the whole judicial system isn't one series of technical rules. That's how it functions. You'd think they'd be crossing Ts and dotting every 'i' well ahead of time now. It's not so much frustrating to me (since I don't have as much of a dog in the fight) as it is baffling.

 

[Allanon]

The reason people don't want to hear excuses is based on recent past results. It's looking like a cycle: Someone fucks up X, there's an echo chamber about how it's not a big deal and lawyers fuck up X all the time, then the case suffers for it, then the judge or technology or the system gets blamed as if it not something that could have been helped. Rinse, repeat, and remember that 'we've already won'.

A few streams ago Rekieta was ranting about how a good case had been screwed over by the judge throwing things out on technicalities as if the whole judicial system isn't one series of technical rules. That's how it functions. You'd think they'd be crossing Ts and dotting every 'i' well ahead of time now. It's not so much frustrating to me (since I don't have as much of a dog in the fight) as it is baffling.

The main thing I'd say about this is that Ty 'screwing up' previously is honestly overblown. The judge threw out the case NOT on some technicality, but because he's bizarre and wanted flatly inappropriate standards, didn't read the filings, and just picked what would be most expedient because he knew it would be appealed anyway. You can scream about it until your face is blue, it won't change that Judge Chupp would have ruled exactly the same way no matter how those affidavits were notarized, because he considered them all in the hearing and he still threw everything out that those would have helped with, because he just felt like it. The BEST that can be said is that the TCPA succeeded because of a technicality, sure, but it's just not actually true. Even if the Appeals throws it out, it will still require them to ignore or dismiss the evidence in the record elsewhere - which already establishes prima facie on all causes, even without the 2AP. It wasn't a technicality. It was just wrong. And if the appeals agrees with Chupp, it's very likely that they'll just be wrong, too.

Now, if Ty messes up this payment thing? You can complain and make excuses all you want, it won't change that Ty screwed the pooch and possibly ruined the appeal, regardless of whether it was 'just a technicality' or not.

In short, I agree with the sentiment that it's inexcusable if Ty messes this up - especially when it's this basic and simple a fix - but I disagree that Ty actually screwed up the TCPA response or hearing in any way that really matters.