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

[diskboomer]

I, personally, foresee three appeals judges taking turns pinning Lemoine down and beating his ass for that filing.

Highly optimistic. They're smearing so much shit without citations, and assuming facts not in evidence.
It seems to always work out for them, so many texas judges don't really look at the record, and only read the stories being told in the final filings/arguments.

 

[The Demon Pimp of Razgriz]

Highly optimistic. They're smearing so much shit without citations, and assuming facts not in evidence.
It seems to always work out for them, so many texas judges don't really look at the record, and only read the stories being told in the final filings/arguments.

Shouldn't really expect that with appeals court judges though. Not every judge is Chupp. The appeals judges actually have to consider the record in this case because TCPA means that they look at the whole record and come to their own conclusion. Since that primarily means reading a bunch of documents, all documents, one shouldn't expect that the appeals judges will just overlook bullshit that intentionally wastes their time. Also they will want to be thorough; despite how Chupp has acted, truth is, most judges do not like being overruled by a higher court and avoid it at all costs, so they pay special attention to their rulings avoid that.

 

[diskboomer]

Shouldn't really expect that with appeals court judges though. Not every judge is Chupp. The appeals judges actually have to consider the record in this case because TCPA means that they look at the whole record and come to their own conclusion. Since that primarily means reading a bunch of documents, all documents, one shouldn't expect that the appeals judges will just overlook bullshit that intentionally wastes their time. Also they will want to be thorough; despite how Chupp has acted, truth is, most judges do not like being overruled by a higher court and avoid it at all costs, so they pay special attention to their rulings avoid that.

Nick himself has read cases in the appeals were it was rejected because they DO NOT read the entire record.
They clearly state it's not their job to read volumous record, and they have to be told exactly where to look for evidence in the brief. The defendants cited to that as well in their current briefs.

Considering Wick Phillips have told Chupp that Lemoine, and Hellberg have each done 7-22 TCPAs by now; I can only assume they tactic of shit smearing is a common tactic, and works for them.
They purposely create the sewage of volumous fillings, and loads of frivilous filings, and stack them with more defamation, and constantly make shit up/lie, and assume facts not in evidence.

 

[The Demon Pimp of Razgriz]

onsidering Wick Phillips have told Chupp that Lemoine, and Hellberg have each done 7-22 TCPAs by now; I can only assume they tactic of shit smearing is a common tactic, and works for them.

How successful have they been actually? Can't remember if we ever determined their record of success or not.

Nick himself has read cases in the appeals were it was rejected because they DO NOT read the entire record.

That's why writing a GOOD brief is important; he who brief's best wins at this level. Getting straight to the point and citing well is integral.

 

[diskboomer]

How successful have they been actually? Can't remember if we ever determined their record of success or not.



That's why writing a GOOD brief is important; he who brief's best wins at this level. Getting straight to the point and citing well is integral.

We can only hope Martinez Hsu's reply brief call out all the bullshit being spewed, and focus hard on the 2AP.

Interesting how defendants keep going on about there not being any evidence, but they keep forgetting Stan's Affidavit destroying Monica's story ( which changed like 3 times ) , and EriMin's decleration destroying Faisal's.

That alone wasn't even mentioned by either side. Disappointing.

 

[Doctor Professor Timon]

Highly optimistic. They're smearing so much shit without citations, and assuming facts not in evidence.
It seems to always work out for them, so many texas judges don't really look at the record, and only read the stories being told in the final filings/arguments.

Which were chupped up.

 

[diskboomer]

Which were chupped up.

They’re doing it even more in the appeals brief. They’re directly now saying he’s a danger to children, which they only ever slightly tried to imply before.

They’re tripling down.

 

[HTTP Error 404]

They’re doing it even more in the appeals brief. They’re directly now saying he’s a danger to children, which they only ever slightly tried to imply before.

They’re tripling down.

It's their argument being distilled. Before they were just hoping people would infer that and go "oh well, I guess they had a pressing emergency public concern" which... I guess would make it acceptable to have done?

But now since it's at CoA they absolutely have to flat out make this case directly and hope no one points out that they supposedly knew he was a predator (they didn't and he isn't) for multiple decades and did NOTHING the entire time until it was politically and economically expedient for them to do so.

Seriously, one thing that we tend to forget is that they tried to get Funimation to blacklist Vic BEFORE DBS Broly was cast, and Funimation refused because Toei demanded Vic. It was only once Sabat's little pet goblins saw Hanleia and MarzGurl's tweets that they were able to use their influence to push them into going viral and giving them credence by re-publishing their statements via retweet and actually take him out.

I would wager that's part of the reason why Funimation didn't want to turn over any of the (probably limited to near non-existent) investigation documents -- because they'd have to point out that this wasn't the first time the little shits had tried to use them to take out Vic, and they had already found their accusations to be bullshit before.

 

[diskboomer]

Seriously, one thing that we tend to forget is that they tried to get Funimation to blacklist Vic BEFORE DBS Broly was cast, and Funimation refused because Toei demanded Vic. It was only once Sabat's little pet goblins saw Hanleia and MarzGurl's tweets that they were able to use their influence to push them into going viral and giving them credence by re-publishing their statements via retweet and actually take him out.

They better point out that the linked story from Hanleia was Not about Vic; and that Funimation and Monica DID KNOW it wasn't Vic, and still started an investigation apparently because of it. They even claim it's the catalyst in their COA filings.

Why do they know it wasn't about Vic? Because it was about Illich Guardiola. Who was a former Funimation employee, and Rial's boyfriend.
So they know for a fact it was never about Vic, and the claims of Pedophilia are false.

The sheer amount of blatant lies, and I'm still pissed Ty's team never hammered it harder. They better do it here.

 

[ShinyStar]

They better point out that the linked story from Hanleia was Not about Vic; and that Funimation and Monica DID KNOW it wasn't Vic, and still started an investigation apparently because of it. They even claim it's the catalyst in their COA filings.

Why do they know it wasn't about Vic? Because it was about Illich Guardiola. Who was a former Funimation employee, and Rial's boyfriend.
So they know for a fact it was never about Vic, and the claims of Pedophilia are false.

The sheer amount of blatant lies, and I'm still pissed Ty's team never hammered it harder. They better do it here.

Did that post from PULL ever make it in to the record, though? I know the defendants cited PULL as a source and provided a url for the website, but if that post isn't actually in the record, Vic's team is going to be better served by pointing out the defendants didn't get evidence for their claims into the record, and they are just hoping the appeals court will take their word on faith. They can't bring in new information now.

 

[Allanon]

In my opinion, aside from the human element where the CoA judges could get drunk and blindfolded and spin in a circle, stumbling around and stamping approval the first briefs they find with no one knowing any better, the one who's briefs matter most is Vic's. He's the appealing party. He's the one who needs to hammer hard and clear how Chupp Chupped, and the true facts of the case. Lemoine smearing crap everywhere isn't nearly as important as Hsu making a clear and concise argument that cuts through the insanity, points out the critical mistakes made by Chupp, and restates the evidence already on record that should be more than enough to get past TCPA with.

If anything, should Hsu's document(s) be simple and straightforward with accurate citations, Lemoine's being full of insanity and obfuscation should work against him.

 

[Harvey Danger]

They better point out that the linked story from Hanleia was Not about Vic; and that Funimation and Monica DID KNOW it wasn't Vic, and still started an investigation apparently because of it. They even claim it's the catalyst in their COA filings.

Why do they know it wasn't about Vic? Because it was about Illich Guardiola. Who was a former Funimation employee, and Rial's boyfriend.
So they know for a fact it was never about Vic, and the claims of Pedophilia are false.

The sheer amount of blatant lies, and I'm still pissed Ty's team never hammered it harder. They better do it here.

In terms of proof in the record, I think you could only show that MarzGurl knew it was about Guardiola. There's nothing that shows Monica specifically amplifying hanleia's account, and Funimation is careful not to say they investigated it.

Funimation's line is that hanleia tweeted, a lot of other tweets happened, and so they kicked off an investigation into something completely different. Monica's line is that she "heard about the investigation" and wanted to add her story.

I agree that Funi's investigation was shit and their documentation is probably non-existant, which is why they want to avoid discovery. But they never claimed to have investigated pedophilia accusations; they investigated a kiss on company grounds, the Yost twins, and the jellybean story. Even if they initially looked into it and discarded it (which I strongly suspect given their affidavit wording), once the furor online got rolling, they had enough other things to choose from when they wanted to justify the investigation.

 

[AnOminous]

I agree that Funi's investigation was shit and their documentation is probably non-existant, which is why they want to avoid discovery. But they never claimed to have investigated pedophilia accusations; they investigated a kiss on company grounds, the Yost twins, and the jellybean story. Even if they initially looked into it and discarded it (which I strongly suspect given their affidavit wording), once the furor online got rolling, they had enough other things to choose from when they wanted to justify the investigation.

But yet, they put that inflammatory shit in their appeals briefs and should be called out for doing so despite the absolute lack of anything supporting it in the record, apparently hoping that the appeals panel will all unanimously Chupp it up themselves and not even check.

 

[DragoonSierra]

It also would kinda make look Funi bad if they were pressuring cons to withhold evidence against them, and, by the time we get to discovery, we're probably on the way to a jury trial or settlement, and neither of those would benefit from Funi strong-arming people.

Of course, all that is contingent on the TI-EC going through against Funimation, which I'd say is still not necessarily a guarantee.

How would anyone find out though? Didnt stop Funi before.

TI-EC doesnt even need to go through on Funi to get subpoenas going.

I don't see conventions having too much money to burn on frivolously defying court orders with the Commie Cough going on. Even when things get better, they're still looking at a couple years most likely of reduced attendance for all events across the board.

Didnt even think of this. Who would have thought the Chinese Coof would have turned this in favor of Vic. If there are no conventions for the next year or two then Funi doesnt have any leverage over them.

Nick himself has read cases in the appeals were it was rejected because they DO NOT read the entire record.
They clearly state it's not their job to read volumous record, and they have to be told exactly where to look for evidence in the brief. The defendants cited to that as well in their current briefs.

Considering Wick Phillips have told Chupp that Lemoine, and Hellberg have each done 7-22 TCPAs by now; I can only assume they tactic of shit smearing is a common tactic, and works for them.
They purposely create the sewage of volumous fillings, and loads of frivilous filings, and stack them with more defamation, and constantly make shit up/lie, and assume facts not in evidence.

Remember Lemoine has never won a tcpa at trial level before this one.

 

[Gehenna]

Something I wish to note to those who are more... pessimistic here. While there is some small chance that an appeals judge will be a Chupp 2.0, something to keep in mind is that all THREE would need to Chupp it. If even one does their job they are likely to mention their findings to the other two, and if they are like Chupp that means they are likely to offload all their work onto the happless bastard with a work ethic.

The only way this gets Chupped is if somehow all three drop the ball.

 

[Garm]

Something I wish to note to those who are more... pessimistic here. While there is some small chance that an appeals judge will be a Chupp 2.0, something to keep in mind is that all THREE would need to Chupp it. If even one does their job they are likely to mention their findings to the other two, and if they are like Chupp that means they are likely to offload all their work onto the happless bastard with a work ethic.

The only way this gets Chupped is if somehow all three drop the ball.

I think people are getting the cabin fever. I'm generally optimistic about the appeals though I do have the doubt in the back of my head that somehow, someway, all three judges will derp in this instance.

The odds of that SHOULD be low... But I still can't shake the feeling.

 

[break these cuffs]

I think people are getting the cabin fever. I'm generally optimistic about the appeals though I do have the doubt in the back of my head that somehow, someway, all three judges will derp in this instance.

The odds of that SHOULD be low... But I still can't shake the feeling.

I'm always prepared to be disappointed in court proceedings because they are almost always to disappointing to everyone involved to some degree and lolsuits have seen a range of retarded shit happen. The new judge straight up saying he didn't feel like doing his job in the Maddox lolsuit comes to mind.

 

[I can't imagine]

Something I wish to note to those who are more... pessimistic here. While there is some small chance that an appeals judge will be a Chupp 2.0, something to keep in mind is that all THREE would need to Chupp it. If even one does their job they are likely to mention their findings to the other two, and if they are like Chupp that means they are likely to offload all their work onto the happless bastard with a work ethic.

The only way this gets Chupped is if somehow all three drop the ball.

I suppose it depends on what you mean by "pessimistic". I don't expect every single one of the causes of action to go through following the appeal. I don't expect all of them to be dismissed either. I think the outcome will overall be in Vic's favor, but not to the degree a lot of people here might be hoping for.

Of course, I've never really been all that emotionally invested in the lawsuit. And, if I'm being honest? If you are seriously emotionally invested in this lawsuit, and you're expecting every single thing to go through, Chupp to be verbally castrated by the CoA and Lemione to be mocked ruthlessly...you're gonna be disappointed. Which isn't to say I wouldn't love to see it happen; that would be hilarious to see. It's just not a very realistic outcome.

 

[Gehenna]

I suppose it depends on what you mean by "pessimistic". I don't expect every single one of the causes of action to go through following the appeal. I don't expect all of them to be dismissed either. I think the outcome will overall be in Vic's favor, but not to the degree a lot of people here might be hoping for.

Of course, I've never really been all that emotionally invested in the lawsuit. And, if I'm being honest? If you are seriously emotionally invested in this lawsuit, and you're expecting every single thing to go through, Chupp to be verbally castrated by the CoA and Lemione to be mocked ruthlessly...you're gonna be disappointed. Which isn't to say I wouldn't love to see it happen; that would be hilarious to see. It's just not a very realistic outcome.

Several people have expressed sentiment along the lines of "We expect a total failure on Mignona's part". Which is very pessimistic. I am where you are at, I expect a mixed bag with it leaning a bit in mignona's favor.

To expand on some thoughts: I honestly thought it'd be better for the defendants. The problem is, with the continuing exception of Sam Johnson,the responses by Funimation and Marchi/Rial's lawyers are... dogshit. Both lean on things not in the record which the appeals court does not like. Both further defame the plaintiff, which the court can take into consideration... especially since this is a TCPA appeal. A De Novo TCPA appeal.

This means the appeals court basically ignores the previous ruling and looks at it from scratch., using the record. That continuing defemation is now the record. Which means the defendants basically made the prima facie case for defemation FOR the plaintiff. The only sketchy causes at this point are tortious interference and civil conspiracy.

The irony here, this was a complete own goal. Had the defendants stuck to simply saying "The lower court got it right, here's why we think he said it", they'd be in a stronger position.

 

[Thomas Talus]

Of course, I've never really been all that emotionally invested in the lawsuit. And, if I'm being honest? If you are seriously emotionally invested in this lawsuit, and you're expecting every single thing to go through, Chupp to be verbally castrated by the CoA and Lemione to be mocked ruthlessly...you're gonna be disappointed. Which isn't to say I wouldn't love to see it happen; that would be hilarious to see. It's just not a very realistic outcome.

Never get emotionally invested in someone else's lawsuit. It's rare for anyone to walk away completely happy, even the parties who win and get money. Hell, I don't think it's good for even the lawyers involved to get emotionally invested. The client's problems are not your problems, you're just the one helping them.