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

[MightyBiteySnake]

From what I've seen, the appeals docs cover what they need, no? Lots of "we did this, chupp should have proceeded this way, but proceeded this other way. He also ignored us when we tried to correct him." I understand that lawltwitter would've said whichever outcome would've hurt Vic, but as a layman I don't see how it dramatically changes the outcome. Even if they don't return everything, I don't see how they don't think Chupp rubber-stamped away TI and defamation for Creepy Ron and Monica.

I can't imagine, however, that Creepy Ron and monica's lawyers are too pleased that they won't be able to direct the court on how to read their blatantly misquoted case law. Not that it would probably change anything, in fact if the appeals are reviewed side by side I think it helps Vic, if only because it puts in front of them the games they played with TCPA

 

[Kosher Salt]

The only party that settles is Funi. Everyone else will be
poor and judgement proof.

Marchi probably has more negotiating power than you give her credit for. She's not MoRon, and if she was willing to hand over some information that would be helpful enough against the other defendants - communications with MoRon or Funimation, for example - she could probably still get out of the lawsuit without having to pay much, if anything.

Remember, Funimation's the one with deep pockets, and the hope is that MoRon's actions can be tied to Funimation to help nail their ass to the wall and put them on the hook for far more damages than could be directly tied to the two tweets that Funimation made.

However, I doubt Marchi would throw MoRon under the bus to that extent.

It's also entirely possible (and maybe even likely) that the dismissal of the claims against Marchi stand, and she's not brought back into it at all.

 

[AnOminous]

It's also entirely possible (and maybe even likely) that the dismissal of the claims against Marchi stand, and she's not brought back into it at all.

I'd say it's pretty likely. While both cases have factual disagreements between the parties such that a jury could find one of them deliberately lied, the two versions of facts between Vic and Monica are absolute. Monica insists this specific event happened, and Vic insists absolutely nothing resembling the event happened. They are the only two people in the world who know what happened.

Vic and Marchi describe a fairly similar set of events, and while one would be a battery and the other a friendly interaction between friends, the panel could just find that the facts described are similar enough that the disagreement is a matter of opinion.

 

[TheClappening]

I'd say it's pretty likely. While both cases have factual disagreements between the parties such that a jury could find one of them deliberately lied, the two versions of facts between Vic and Monica are absolute. Monica insists this specific event happened, and Vic insists absolutely nothing resembling the event happened. They are the only two people in the world who know what happened.

Vic and Marchi describe a fairly similar set of events, and while one would be a battery and the other a friendly interaction between friends, the panel could just find that the facts described are similar enough that the disagreement is a matter of opinion.

I don't know.

Marchi's story is Vic grabbed her hair, jerked her head back painfully, and physically restrained her. Vic says, after a hug, he fluffed her hair and complimented it. I mean it's up to the judges, but simple reading comprehension dictates the two events being described can't be handwaved away as a difference of opinion.

 

[biteXsized]

I don't know.

Marchi's story is Vic grabbed her hair, jerked her head back painfully, and physically restrained her. Vic says, after a hug, he fluffed her hair and complimented it. I mean it's up to the judges, but simple reading comprehension dictates the two events being described can't be handwaved away as a difference of opinion.

Not to forget the "something sexual" Vic allegedly whispered into the ugly filth's ear, which he categorically denied ever happened. I don't want to hold up my hopes too high either, but if there's some justice left in this world and the Court rules favorably for Vic then I wholeheartly hope that this insufferable cunt won't get away scot free from the appeals.

 

[Allanon]

The argument that 'the situations are similar' only came up after Vic told the true story of what happened, and now Jamie pretends she never said he jerked her back against him and paralyzed her with his grip, before he whispered something sexual in her ears and she screamed some kind of profanity at him to escape. Now she pretends she only said he yanked her hair and made it hurt, but that is not what her actual statements were.

 

[TheShedCollector]

However, I doubt Marchi would throw MoRon under the bus to that extent.

Marchi is a liar and a snake. If this comes back she'll do whatever she has to do to save her career.

 

[Riku]

Just like Moronica changed her story everytime it was asked of her, not surprised of how Jamie did the same.
Only difference between them is while Moronica along Ron is more than ready to trash her whole life with this case, Jamie having the same risk of losing all will likely try to save herself at the expense of her "sisterhood with Monica" and I doubt she gives a single fuck about the cuck.

Funi isn't looking good especially during these times and they would be wise if they were the first to offer settlement while acknoledge everything they did and throw the other 3 stooges under the bus, but Jamie might jump the gun faster since while she acts so tough we all know she's the most scared landwhale of them all and lucked out by having the most reasonable lawyer of the bunch.
What's left to see if how fast&much is Jamie gonna offer settlement if/when she gets hooked back in, as while not in the deep like the other idiots she did have her role in all this.

 

[DragoonSierra]

off topic, but i went to a panel of his once very shortly after the whole "fired from funimation" thing was going on. he *literally* brought his MOM to the panel to defend himself and hide behind her. it was funny seeing this man suck up so much in a basement full of teenagers and sweaty 30 year old men.

You know hes Italian right?

Oral arguments have been conducted via Zoom in the 1st, 4th, 5th, 7th, 8th, 13th Court of Appeals. A lot of stuff is being live streamed, but it appears that the 2nd Court of Appeals has elected not to do that.

Texas Court Live Streaming - Court Live Streaming

I love your autism.

 

[ChefKiss]

You know hes Italian right?

He brought his mom because the dumbfuck scum at PULL targeted her because they thought it would somehow stop his risembool rangers fanclub from defending him and they've always been hilariously angry about that little group because it's some kind of fat fujo betrayal to them

 

[DragoonSierra]

He brought his mom because the dumbfuck scum at PULL targeted her because they thought it would somehow stop his risembool rangers fanclub from defending him and they've always been hilariously angry about that little group because it's some kind of fat fujo betrayal to them

How would that have stopped his fan club? And what would bringing his mother do anyway?

 

[Syaoran Li]

Going to be agreeing that if this does somehow come back on appeals, then Monica and Ron are going down like the Lusitania. They're too prideful and dumb not to. Even if Monica convinces Ron that maybe they should settle, Funimation or Marchi will be far more likely to throw them under the bus.

Marchi is probably going to get away with it, either by having her dismissal hold up or by being the first one to settle so she can save her career. It's pretty clear she's the smartest one in all this, even if it's just the common sense advice of listen to the lawyer and let them do their job.

If she does get dragged into this again against all odds, I could see Vic being merciful enough to accept a public apology and retraction statement from her plus whatever dirt on Funimation she can legally give them in a second round of discovery in lieu of a large monetary settlement. It's doubtful she'll get back into the case and it's even iffy whether or not the appeals work in Vic's favor at all, but if Vic gets that golden appeals ruling that can bring Jamie back in on this, then I'm sure Funimation will also be on the hook again.

Marchi's enough of a snake she'd go that route in this extremely hypothetical scenario and her lawyer would probably advise her to take a sweet deal like that if she wasn't wanting to throw Monica under the bus.

Funimation will definitely settle, or at least attempt to if they get brought back into the mess on the appeals. Unless Sabat calls in every favor he can to keep them in the fight, they are going to settle ASAP if they get brought back into the fray on the appeals. They'll probably give a lucrative settlement and Vic can probably get them to issue a public retraction statement since Sony will not want to deal with any further legal hassles and financial strain.

 

[TheClappening]

My autism randomly flared up and I was looking through Jamie's and Vic's account in the context of ViC aDmItTeD tO eVeRyThInG!!11! There was some musing that "ooh I like your hair" or whatever Vic said could be construed as the "something sexual" Vic whispered to her.

Jamie, in page 3 of her TCPA, said:
"Jamie gave Plaintiff a hug. What Jamie did not, and could not, anticipate was what happened next. Commenting on Jamie’s hair, Plaintiff began running his hand through the back of Jamie’s hair, until his palm found the back of her skull. Plaintiff splayed his fingers and moved his hand to the base of Jamie’s skull, after which he clenched his hand into a fist, grabbing her hair at the roots, and jerked his fist – yanking Jamie’s head backward. Having control of Jamie, Plaintiff then pressed his lips to her ear and whispered something sexual to her."

Vic, in 218 of his depo, says:
"and she said, Hey, Hon. And I'm like, oh, my gosh, I love your hair. And she's like, I know, I just got it -- and I walked around the -- the -- the counter, and I was kind of standing there kind of flipping it and like, oh, my gosh, it's really beautiful, I love it. And I -- and I put my hand up in the bottom of it and I'm like, oh, this is great. It was not painful, it was not hurtful, it was not sexual, and it happened at least four or five years ago, maybe longer."

Jamie, in her own words, has actually corroborated Vic's story. She claims Vic commented on her hair (where Vic metrosexually gushes "Oh, this is great") and ran his hands through her hair ("I was kind of standing there kind of flipping it").

The "commenting on Jamie's hair" and "whispered something sexual to her," are, in Jamie's own words, two separate events, one of which Vic did not admit to. On top of that "running his hand through the back of Jamie's hair" and "yanking Jamie's head backward" are also, in her own words, separate events, again where Vic only admitted to one of those happening.

Sounds like a fact question.

 

[774]

If she does get dragged into this again against all odds, I could see Vic being merciful enough to accept a public apology and retraction statement from her plus whatever dirt on Funimation she can legally give them in a second round of discovery in lieu of a large monetary settlement.

Maybe non-disparagement (i.e. don't say anything bad about him from then on) as well?

 

[Syaoran Li]

Maybe non-disparagement (i.e. don't say anything bad about him from then on) as well?

[/QUOTE]

I figured that would be included in that kind of a settlement

 

[AnOminous]

He should probably insist on a liquidated damages clause where if they fuck up in any way with regard to the nondisparagement agreement, they get an automatic $20,000 penalty to avoid having to litigate damages in the future.

 

[TheClappening]

He should probably insist on a liquidated damages clause where if they fuck up in any way with regard to the nondisparagement agreement, they get an automatic $20,000 penalty to avoid having to litigate damages in the future.

And if something like that ever happens () they basically can never talk on social media ever again. Everything they say will be put under a microscope by Kiwis, weebs, Vicstans, and autists, and at the slightest slip up there goes out an email and an archive to Ty.

 

[Maraschino]

And if something like that ever happens () they basically can never talk on social media ever again. Everything they say will be put under a microscope by Kiwis, weebs, Vicstans, and autists, and at the slightest slip up there goes out an email and an archive to Ty.

"What part of, 'I'd rather fight ISIS than the Kiwi Farms' did you not get, dumbass?"

 

[ShinyStar]

Going to be agreeing that if this does somehow come back on appeals, then Monica and Ron are going down like the Lusitania. They're too prideful and dumb not to. Even if Monica convinces Ron that maybe they should settle, Funimation or Marchi will be far more likely to throw them under the bus.

Marchi is probably going to get away with it, either by having her dismissal hold up or by being the first one to settle so she can save her career. It's pretty clear she's the smartest one in all this, even if it's just the common sense advice of listen to the lawyer and let them do their job.

If she does get dragged into this again against all odds, I could see Vic being merciful enough to accept a public apology and retraction statement from her plus whatever dirt on Funimation she can legally give them in a second round of discovery in lieu of a large monetary settlement. It's doubtful she'll get back into the case and it's even iffy whether or not the appeals work in Vic's favor at all, but if Vic gets that golden appeals ruling that can bring Jamie back in on this, then I'm sure Funimation will also be on the hook again.

Marchi's enough of a snake she'd go that route in this extremely hypothetical scenario and her lawyer would probably advise her to take a sweet deal like that if she wasn't wanting to throw Monica under the bus.

Funimation will definitely settle, or at least attempt to if they get brought back into the mess on the appeals. Unless Sabat calls in every favor he can to keep them in the fight, they are going to settle ASAP if they get brought back into the fray on the appeals. They'll probably give a lucrative settlement and Vic can probably get them to issue a public retraction statement since Sony will not want to deal with any further legal hassles and financial strain.

I disagree with the theory that Marchi is the most likely to settle. If there's anything she's proven on social media, it's that she has an astronomically big ego. This court case has ratcheted that up so much that her ego is literally inflating her body. She reacts to inoffensive questions with venom. She's not temperamentally suited to the idea of settling. Plus, we have to look at her potential losses in both contexts. If she settles and throws her employer/friends under the bus, then she loses both of them. Her employer is not going to keep the employee who dragged them into a lawsuit and then turned on them and fed them to the plaintiff, and any future employers are going to look at that with huge misgivings.

Given the influence her employer has on who gets invited to cons, she'd be damaging potential income there as well - and that's if cons don't look at the situation and decide on their own that they don't want her. She'll have already alienated Vic's fans. If she turns on Monica, she'll alienate Monica's fans, and if she about faces and admits she's a petty, vindictive bitch, she'll probably lose her fans as well. Alternatively, if she keeps going, there's a chance that they win or at least partially win the case, and Funi decides to keep her on. There's the chance that even if they lose, she's so judgment proof that any judgment against her doesn't matter because there's nothing for Vic to collect. And if she stands by her story, even if she loses the court case, there will be a number of SJW ideologues who are willing to still back her because they believe all women.

 

[TheClappening]

There's the chance that even if they lose, she's so judgment proof that any judgment against her doesn't matter because there's nothing for Vic to collect.

It ultimately depends on what Funimation does. Vic's pursuing joint and several liability. Let's say there's a favorable appeal, and eventually a favorable trial, and Vic wins $1 million. Let's say Monica, Ron, and Jamie can only cough up $10k each, which is essentially nothing. Since in Texas you can't just take someone's house or care, Vic just gouges out the judgment from Funimation, which doesn't have the same protections as a private citizen. Now $970k in the hole, Funimation then has to sue the other three to get their share paid back. Funimation would really love that, I'll bet. And that's on top of legal costs.

Of course, if they get brought back on appeals, Funimation settles so fast it'll make necks snap, in which case, maybe your scenario of Jamie Marchi Martyrdom plays out.