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

[DRHaste23]

Some fun points

They call out how Beard tried filing a late TCPA response by surprise with the second amended petition to try and bypass the Rule 11 agreement.
Beard tried striking Funi and Rial/Toye's evidence, but didn't attempt to strike Marchi's, much of which were the same filings.
They acknowledge the fraudulently notarized affidavits.

Vic has a pretty good case for malpractice against Beard, but he can't refile the lawsuit due to it being dismissed with prejudice. It's also past the statute of limitations to sue anyone else, since the initial loss would have been Jan/Feb 2019, and he has a year after that.

 

[narddog123]

3/3 judges say Vic loses and throws plenty of shade at him and beard, 2/3 judges say fees to rial and toye should be larger, while the other says fees were fine.

 

[Terrifik]

virgin voice actor vic > Chad Pirate Actor woman abused johnny deep
Nick lost the case again.

 

[narddog123]

The courts dropped it the same day the English DB movie hit theaters. Ironic? We live in a simulation confirmed? Judges are weebs?

Find out next time on...

 

[Mr. 0]

Vic has a pretty good case for malpractice against Beard, but he can't refile the lawsuit due to it being dismissed with prejudice. It's also past the statute of limitations to sue anyone else, since the initial loss would have been Jan/Feb 2019, and he has a year after that.

Didn't BHBC call upon a couple of guys from outside the firm to handle Vic's appeal case? IIRC they were guys who were either familiar with Chupp or familiar with the appeals court and supposedly knew how to take care of business. What happened to those guys?

 

[buying gf]

Did they lose the case again?

 

[TheClappening]

Did they lose the case again?

They lost the case for real.

They also can't spell Nick's name right

(Page 8 of the opinion)

I'm only a few pages in but it looks like Ty fucked this up bigly.

Page 13

 

[LawTwitter is Dumb]

So I guess its fine to publicly defame and call anyone anything in Texas and interfere in contracts and more and do it publicly, good job TCOA. Guess chuppening got to them too.

Some fun points

They call out how Beard tried filing a late TCPA response by surprise with the second amended petition to try and bypass the Rule 11 agreement.
Beard tried striking Funi and Rial/Toye's evidence, but didn't attempt to strike Marchi's, much of which were the same filings.
They acknowledge the fraudulently notarized affidavits.

Vic has a pretty good case for malpractice against Beard, but he can't refile the lawsuit due to it being dismissed with prejudice. It's also past the statute of limitations to sue anyone else, since the initial loss would have been Jan/Feb 2019, and he has a year after that.

Post the document.

 

[DRHaste23]

So I guess its fine to publicly defame and call anyone anything in Texas and interfere in contracts and more and do it publicly, good job TCOA. Guess chuppening got to them too.

The ruling says that this wasn't defamation, and that there was no interference in contracts. <3 It's still a civil tort to actually defame someone. But this wasn't defamation.

Law Twitter was right. Huh.

 

[Himedall All-seeing Waifu]

So I guess its fine to publicly defame and call anyone anything in Texas and interfere in contracts and more and do it publicly, good job TCOA. Guess chuppening got to them too.

Post the document.

It is on the TX 2COaP. And further up in this thread

 

[LawTwitter is Dumb]

The ruling says that this wasn't defamation, and that there was no interference in contracts. <3 It's still a civil tort to actually defame someone. But this wasn't defamation.

Law Twitter was right. Huh.

Do they explain Chupps lack of explanation of his decisions or no? If no this suffers the same problem.

 

[DRHaste23]

Do they explain Chupps lack of explanation of his decisions or no? If no this suffers the same problem.

They very clearly stated why they are upholding Chupp's decisions and the legal basis for each of his decisions.

https://www.dropbox.com/sh/mx83p1h3mrjj3ok/AADWVaGpPexRtGkMaQSfROsma?dl=0

Have fun! He lost again on all counts. The appellate court affirmed Chupp's judgement on all except how much money Monica and Ron are getting. They were supposed to get more, so that is being returned to the lower courts.

Vic is responsible for all costs incurred by the appeal.

Post the document.

The document was already posted in both this and the weeb wars thread btw.

 

[mindlessobserver]

We got the bad end. Unless vic takes this to the Texas Supreme Court

 

[DRHaste23]

We got the bad end. Unless vic takes this to the Texas Supreme Court

The first appeal is guaranteed for them to accept it for review as long as you file it and pay the filing fees.
Anything beyond that is the discretion of the court of if they are willing to review it at all. It is highly unlikely the Supreme Court will review this case.

 

[TheClappening]

Vic admitting to touching Marchi's hair really hurt him. This is compounded by the fact that his unsworn declaration was deemed too late to be considered.

Page 24-25



TLDR: Not a false statement of fact, and since the court deems Vic a public figure, he did not show actual malice.

For Rial:

Page 28

Again, those late unsworn declarations look like they would've swung the case the other way, but Ty was too late.

Also, in her deposition Monica claimed her statement of "he's the definition of harassment" was a typo and should have read "here's the definition of harassment [insert definition here.]" Vic didn't rebut this.


For Funimation, Vic couldn't establish actual malice

Page 30


For Ronnie boy, the court said Toye's tweets were too vague to be considered defamatory and even then Vic did not establish actual malice.

 

[Gehenna]

We got the bad end. Unless vic takes this to the Texas Supreme Court

Hopefully with anybody but Beard. I have been fairly open that my esteem of Beard has only steadily dropped over time and while I had remained hopeful, albeit not optimistic, that the appeals court would ignore it... well.

For being a hot shot lawyer, Beard was in fact terrible. The only lawyer who even vaguely handled themselves well was Marchi's and Beard doing an end run around everything and just constantly fucking up was repeatedly slammed here. Chupp chupping up only covers half of it.

 

[TheClappening]

For being a hot shot lawyer, Beard was in fact terrible.

A lot of the courts opinion was "But this important stuff wasn't entered into evidence"

"Tylophone Notary" is suddenly a lot funnier now, but not for Vic.

EDIT: I'm on the tortoise interference part now, and some things do seem a little odd to me.
Page 35


My understanding of the TCPA is that all weight is given to Vic in regards to conflicts of fact. So if Vic says he was not aware of ever being banned from a convention, and the defendants pull out affidavits saying he was, his testimony alone should supersede all the other evidence. Maybe they didn't rule that way because he wasn't affirmative enough, e.g. "I have never been banned from a convention," versus "I'm not aware of ever being banned from a convention."

Oh, again, they draw note about how late Ty was.

 

[Gehenna]

A lot of the courts opinion was "But this important stuff wasn't entered into evidence"

"Tylophone Notary" is suddenly a lot funnier now, but not for Vic.

Beard leaned way, way to hard into the "prima facie" case bullshit and it was all a very clear intent to blindside his opponents with evidence. The late filings only make that more obvious and this theory was presented by a couple law kiwis at the time. And criticised as such.

And now on appeal it comes back with the appeals court saying basically "That was all insufficient".

 

[TexOffender]

Vic admitting to touching Marchi's hair really hurt him. This is compounded by the fact that his unsworn declaration was deemed too late to be considered.

Page 24-25
Ver archivo adjunto 3617446
Ver archivo adjunto 3617447

TLDR: Not a false statement of fact, and since the court deems Vic a public figure, he did not show actual malice.

For Rial:

Page 28
Ver archivo adjunto 3617451
Again, those late unsworn declarations look like they would've swung the case the other way, but Ty was too late.

Also, in her deposition Monica claimed her statement of "he's the definition of harassment" was a typo and should have read "here's the definition of harassment [insert definition here.]" Vic didn't rebut this.
Ver archivo adjunto 3617466

For Funimation, Vic couldn't establish actual malice

Page 30
Ver archivo adjunto 3617471

For Ronnie boy, the court said Toye's tweets were too vague to be considered defamatory and even then Vic did not establish actual malice.

Man this bites. Ty also tried to present evidence at the hearing and Chupp told him to sit down and be quiet. This does seem like it's going into evidence standard territory.

 

[Gehenna]

Man this bites. Ty also tried to present evidence at the hearing and Chupp told him to sit down and be quiet. This does seem like it's going into evidence standard territory.

He should have objected to being told to sit down. The appeals court specifically cited the lack of preserving the objection.