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

[Superman93]

Can't speak for you, but I did carry water for Nick for a while. I dunno how they get from that to us being Nick though.

Nick sent a bitchy text to me last week claiming I unilaterally took it upon myself to run messages for him, and I'm somehow pathetic for daring to offer any sort of criticism for his conduct.

Sure. Okay.

"Hey Manning, can you tell everybody that they need to archive Renfamous' tweets? Ty might need them to sue her."

"Hey Manning, can you tell @AnOminous that one of his legal points is wrong?"

"Hey Manning, please leak or tease this development to the Farms."

It was great for him, until I wouldn't agree with everything. Creative rewriting of history must now ensue.

Nick, if you're reading this, please claim on your show I'm some random weirdo that just latched onto you and you didn't offer you any sort of advantage whatsoever. I don't mind at all. I really don't want to go to Texas. I hang out in a virtual space that has enough cows as it is. That's too much hamburger for me.

First off screenshots or bullshit and second, carrying water for a cow?

 

[1Tonka_Truck]

Virtually every KV personality is such absolute garbage, such a reprehensible piece of shit, that it frankly feels good just to be on the opposite side of anything they're involved with in any way at all.

Even the security guard was a cow. If he hadn't worn a german surplus jacket to the yu-gi-oh tournament he probably would have gone unnoticed.

 

[ShinyStar]

something something stupid drama something something.

Ahem.

I went and read through the entirety of the Van der Linden vs. Khan ruling and I want to update my previous predictions just a touch.

The three issues that the decision looks at involve TI, TI with prospective business relations, and defamation.

As far as defamation goes, the ruling very much supports Vic's case. I still stand by my prediction that defamation comes back for 3/4 parties, with Jamie's depending on whether her particular statements counted as defamation per se.

The rulings on TI and prospective TI aren't as supportive. The courts said that simply having the plaintiff announce that he had contracts was insufficient to meet the clear and convincing evidence standard. Something more than his word was needed.

I am therefore amending my TI prediction to stipulate that I think it only comes back if the court says the 2nd amended petition stays in. The previous petitions did not have specific enough details on the contracts Vic had with conventions, but the 2nd amended petition included his actual contract with Kamehacon. I don't know if the court can specify that they're only returning it for Kamehacon specifically, since no other contracts were included, or if having the one contract leaves the door open for looking into the others. I'm inclined to think that the court will accept the 2nd amended petition, and therefore TI stays in.

That leaves TI with prospective business relations. Given the level of evidence the court said should be provided to move this charge past the TCPA, I honestly don't see how any case about prospective TI could ever proceed. The court said you need more than the plaintiff's statements about potential business, more than evidence of expected business not going through, and more than behavior from the defendants that would dissuade people from engaging in business with you. I guess you would need emails saying 'We were thinking about doing business with you at some point in the future, but decided not to specifically because of the defendants and for no other reason at all. So I'm changing my mind on that charge. I think the appeals court throws that one out.

 

[damian]

I am going to make this as brief and as non spergy as possible.

On or about March 22nd of last year, I was contacted by Nick on Twitter (his old Twitter) and asked to let Kiwis know that he wanted a running archive of Renfamous' Tweets. The purpose of this was because Nick wanted Ty to wrap up Lauren in litigation somehow (he REALLY hates Ren, as do a lot of people). I submitted this to a long running DM chain that included emspex (RIP), @AnOminous, @mindlessobserver, and some other people (@damian, where you in there?).

Anybody in that DM will likely remember this. After some discussion, I was cleared by emspex to make the announcement on the general forum, which I did. As I recall, one person in that DM chain did make a "personal army" objection, but that was the minority report. I took emspex's clearance of forwarding Nick's request as gospel. She was forum mod, after all.

My post was well received and let to an uptick in the archiving of her Tweets.

I then made a second post, same day, which included a partially redacted screenshot of Nick confirming that he wanted extensive archiving of Ren, and confirming that this a request from him. I asked if I could say the request was direct from him. He said yes, but did not want the specific reason why to get out (that's the censored part in his DMs).

View attachment 1623825

Please not this isn't "patebin" because the above screenshot was merely copy-pasted from what I posted on March 22nd, 2019. The post does not have an edit tag, and is unmolested. Anyone can see for themselves.

I hope this satisfies @Spectre_06. I. AM. NOT. LYING.



Done. Here and way back at the beginning of last year. This is old. I'm kinda shocked I am being challenged on this, TBH.

Nick is not classified as a cow. His thread is in Multimedia (then and still). I would not carry water for a designated cow on this site. However, I did carry water for for an e-celeb, and I am (in retrospect) ashamed. I will accept your recrimination on that basis.

I am a bit of a sperg at times, I am probably acting too emo, but I am not a liar.

I don't intend to respond to this unless anybody has specific questions I can help them with. I am going to go for a walk now and clear my head. Thank you.

I apologize to anybody who is angry at me. Please continue talking about the Vic case.

Edit: Slight additional details.

Dont involve me in this latest mid life crisis. Get some help.

 

[Allanon]

something something stupid drama something something.

Ahem.

I went and read through the entirety of the Van der Linden vs. Khan ruling and I want to update my previous predictions just a touch.

The three issues that the decision looks at involve TI, TI with prospective business relations, and defamation.

As far as defamation goes, the ruling very much supports Vic's case. I still stand by my prediction that defamation comes back for 3/4 parties, with Jamie's depending on whether her particular statements counted as defamation per se.

The rulings on TI and prospective TI aren't as supportive. The courts said that simply having the plaintiff announce that he had contracts was insufficient to meet the clear and convincing evidence standard. Something more than his word was needed.

I am therefore amending my TI prediction to stipulate that I think it only comes back if the court says the 2nd amended petition stays in. The previous petitions did not have specific enough details on the contracts Vic had with conventions, but the 2nd amended petition included his actual contract with Kamehacon. I don't know if the court can specify that they're only returning it for Kamehacon specifically, since no other contracts were included, or if having the one contract leaves the door open for looking into the others. I'm inclined to think that the court will accept the 2nd amended petition, and therefore TI stays in.

That leaves TI with prospective business relations. Given the level of evidence the court said should be provided to move this charge past the TCPA, I honestly don't see how any case about prospective TI could ever proceed. The court said you need more than the plaintiff's statements about potential business, more than evidence of expected business not going through, and more than behavior from the defendants that would dissuade people from engaging in business with you. I guess you would need emails saying 'We were thinking about doing business with you at some point in the future, but decided not to specifically because of the defendants and for no other reason at all. So I'm changing my mind on that charge. I think the appeals court throws that one out.

I feel like there's just no good reason for them to omit the 2nd amended petition. Neither the rule 63(?) thing, nor the rule 11 agreement applies, because rule 11 was to do with the TCPA response, not the petition, and the TCPA hearing isn't a trial, but more importantly, because they're looking over the case de novo it seems like it'd be a weird choice to purposefully omit information that was submitted that proves there's enough evidence to pass TCPA. TCPA is supposed to be a filter system to get rid of obviously frivolous lawsuits, not an end-result. Using a technicality to throw out a legitimate case on an appeal would be pretty weird.

If they include the 2AP, or at least consider the Kamehacon texts, then TI is a guarantee. They don't need 'multiple' contracts for TI, just the one is enough. Chupp's Chuppery included arbitrarily demanding evidence for multiple contracts for no reason. I think prospective business relations would just come along with defamation and TI, especially with the information in the KC texts. And thus, conspiracy at least with Monica and Ron, will also carry through.

I agree that prospective business is probably the weakest, but it also seems to be the one they just tossed in as an afterthought and probably hurts least to lose.

 

[ShinyStar]

I agree that prospective business is probably the weakest, but it also seems to be the one they just tossed in as an afterthought and probably hurts least to lose.

Makes me wonder how they would calculate the fees Vic owes if everything came back but TIwPB. No one focused specifically on that, as they did for the defamation, etc., so finding hours that were billed specifically for that cause of action seems unlikely. The Chuppiest thing to do would be to divide the total bill by the number of causes of action.

 

[Sammy]

Alright, I think I got them all moved over. If I forget to delete this later (I'll try not to) there was a thread of discussion that naturally became more about Weeb Wars. I don't know about either of these subjects and was skimming rather than reading, so if someone notices messages that should or shouldn't have been moved, inform me and I'll correct them. No more need to report them, just message me directly.

Carry on.

 

[5t3n0g0ph3r]

Alright, I think I got them all moved over. I don't know about either of these subjects and was skimming rather than reading, so if someone notices messages that should or shouldn't have been moved, inform me and I'll correct them. No more need to report them, just message me directly.

Carry on.

Thank you.

 

[Allanon]

Makes me wonder how they would calculate the fees Vic owes if everything came back but TIwPB. No one focused specifically on that, as they did for the defamation, etc., so finding hours that were billed specifically for that cause of action seems unlikely. The Chuppiest thing to do would be to divide the total bill by the number of causes of action.

I would think what happens if we end up with a middle ground where he wins some and loses some on everyone is that they then have to go through the fees hearings on those causes he lost on all over again, either simultaneous with the rest of the lawsuit continuing, or before the rest can continue.

 

[Kosher Salt]

I would think what happens if we end up with a middle ground where he wins some and loses some on everyone is that they then have to go through the fees hearings on those causes he lost on all over again, either simultaneous with the rest of the lawsuit continuing, or before the rest can continue.

The best part of anything coming back would be that MoRon will guaranteed be on the hook for a significant portion of their legal fees (they already were, but they were appealing it, so they had a sliver of a chance). Anything that results in Ron getting phone calls from a wheezy lemon complaining about not getting paid.

I frankly doubt the insurance story, but especially I disbelieve the idea that it'll pay legal fees they incurred unnecessarily (as per Chupp's decision) or legal fees for what's ultimately found to be an intentional tort (fingers crossed for Vic's appeal). If Ron's insurance company actually paid for any of this, I think there would be a wonderful pile of salt the moment they determined that they should be paid back for it out of MoRon's own pocket.

 

[Allanon]

The best part of anything coming back would be that MoRon will guaranteed be on the hook for a significant portion of their legal fees (they already were, but they were appealing it, so they had a sliver of a chance). Anything that results in Ron getting phone calls from a wheezy lemon complaining about not getting paid.

I frankly doubt the insurance story, but especially I disbelieve the idea that it'll pay legal fees they incurred unnecessarily (as per Chupp's decision) or legal fees for what's ultimately found to be an intentional tort (fingers crossed for Vic's appeal). If Ron's insurance company actually paid for any of this, I think there would be a wonderful pile of salt the moment they determined that they should be paid back for it out of MoRon's own pocket.

I disagree. The best part of anything coming back will be discovery. But the defendants being forced to pay their own bills after they ran them up on purpose to try to punish Vic will be pretty great. I also look forward to the more interesting phases of the lawsuit that happen after TCPA, up to and including the jury trial.

 

[Laundui_or_douchette?]

no, the best part of anything coming back will be the absolute meltdowns from lawtwitter, and the Olympic backflips.

 

[Doodler98]

I can see it now. "HERP DERP ISWV IS CELEBRATING THAT THE CASE DIDN'T GET DISMISSED OUT OF HAND AT TCPA. What? No we never said Vic didn't have a case at all! He's totally gonna lose at trial!"

 

[TheClappening]

I can see it now. "HERP DERP ISWV IS CELEBRATING THAT THE CASE DIDN'T GET DISMISSED OUT OF HAND AT TCPA. What? No we never said Vic didn't have a case at all! He's totally gonna lose at trial!"

*Summary judgment

 

[Kosher Salt]

I disagree. The best part of anything coming back will be discovery. But the defendants being forced to pay their own bills after they ran them up on purpose to try to punish Vic will be pretty great. I also look forward to the more interesting phases of the lawsuit that happen after TCPA, up to and including the jury trial.

Well, you've got a point there.

 

[DuckzillA]

Anybody do their voodoo magic shit and see when the appeals court usually posts their ruling and if there is any commonalities to the dates/times?

 

[Kosher Salt]

Anybody do their voodoo magic shit and see when the appeals court usually posts their ruling and if there is any commonalities to the dates/times?

Typical cases, yes, but it's hard to say what they'll do since this appeal is supposed to be "accelerated."

None of these were accelerated appeals, while this case is. The period between submission and rendering opinion range between 22 days and slightly over seven months.

 

[DuckzillA]

Typical cases, yes, but it's hard to say what they'll do since this appeal is supposed to be "accelerated."

"accelerated" doesn't mean shit to the government.

 

[AnOminous]

"accelerated" doesn't mean shit to the government.

So far, they have consistently applied the deadlines applicable to the appeal being accelerated. It's the idiots in the case itself who haven't.

 

[The Singer Of Songs]

Rekieta's Amicus Brief has officially been filed.