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

Destacado
TheClappening dijo:
That was speculation from Nick, and I can see it happening. He theorized that Vic can sue Ty for malpractice (without necessary malice on Vic's part), and Ty uses his malpractice insurance to pay Vic. Vic can then use that money for paying off the TCPA judgment. Vic doesn't get his reputation back, but at least he's not half a million in debt to the defendants' lawyers.

It's either that or Ty just leaves Vic out to dry, and while I'm extremely critical of Ty's fuck up, I still think he genuinely likes Vic and wants to makes thing as right as possible.
Presiona para expandir...
This is what really grinds my goat, that they used TCPA after they forced depositions (shouldnt it have been the first thing...) making the TCPA fail its purpose os keeping trial costs lower so no one will be expected to pay very much. Instead the lawyers involved did ntohing but inflate costs by filing extremely retarded stuff and annoying the fuck out of the judge rather than just keeping everything to the needed TCPA filings alone.

Seems ridiculous to me that there is not a cap on how much TCPA, since it should be expected that lawyers do not need to do as much work.... hence why TCPA is a thing.

Instead it seems that lawyers can jsut fuck about with the most benign filings and claim it on the TCPA because they can. And yeah I know this is meant to punish big names with loads of wealth from bullying somone into submission because of their vast wealth and access to lawyers who can usually prolong a case forever so they get their way no matter what. But Vic is none of those things. So in my mind the TCPA was either used incorrectly and against its own purpose, or it is complete trash.... i am leaning on both though. That it was misapplied and the lawyer quotes massively inflated for what essentially is an early dismissal that should have required almost no work on the defences side. While also being a terrible law that punishes people who have valid cases (especially people who have ltitle to no income because of the defendants) because of prior abuse of the system.
 
Well that's stupid. I guess even the 2COA really just didn't grasp the anime industry as being a real thing. It's a serious miscarriage of justice, but I'm 2 years past anything but detached disgust with the court over this. If Vic decides to go to the TXSC for this, more power to him, but I suspect 'suing over cartoons' is just something the court's not interested in taking seriously.

Thinking about it further, I'm at this point fairly confident in this being the case. If it is so, I doubt the TXSC will be much help. If the courts hear 'cartoons' and immediately think 'it can't be that serious' then they will look for reasons to decide Vic is wasting the court's time and deserves to be penalized for it. You can blame Ty for messing up, but that should have defeated only some of the appeal points, not all of them and definitely not granting Lemoine extra money. Cope, seethe, whatever, but this is my personal answer for living in a clown world where it took 2 years for the appeal court to put 0% effort into the case.

I'll go back to what I would have done if not for this court case in the beginning: ignoring stupid people who believe provably wrong statements about Vic and hoping he can somehow recover from the insane injustice his own coworkers committed against him.
 
Última edición:
Cloud8521 dijo:
This is what really grinds my goat, that they used TCPA after they forced depositions (shouldnt it have been the first thing...) making the TCPA fail its purpose os keeping trial costs lower so no one will be expected to pay very much. Instead the lawyers involved did ntohing but inflate costs by filing extremely retarded stuff and annoying the fuck out of the judge rather than just keeping everything to the needed TCPA filings alone.

Seems ridiculous to me that there is not a cap on how much TCPA, since it should be expected that lawyers do not need to do as much work.... hence why TCPA is a thing.

Instead it seems that lawyers can jsut fuck about with the most benign filings and claim it on the TCPA because they can. And yeah I know this is meant to punish big names with loads of wealth from bullying somone into submission because of their vast wealth and access to lawyers who can usually prolong a case forever so they get their way no matter what. But Vic is none of those things. So in my mind the TCPA was either used incorrectly and against its own purpose, or it is complete trash.... i am leaning on both though. That it was misapplied and the lawyer quotes massively inflated for what essentially is an early dismissal that should have required almost no work on the defences side. While also being a terrible law that punishes people who have valid cases (especially people who have ltitle to no income because of the defendants) because of prior abuse of the system.
Presiona para expandir...
That's why anti-SLAPP should be abolished. Remember, TCPA is designed to stop frivolous lawsuits quickly.
it took over 3 years for this case to get resolved - "Oh but appeals is a different process" Appeals are extremely common and should be expected and considered as time in lawsuits.

As for Ty, he fucked this up bad and seemingly continues to fuck this up. Even in his proposed motion to reconsider, he's constantly asking for extra time. I don't care what his reasoning is (Another case, whatever) if I'm looking at constant demands for extension It's making me think Vic's counsel has to scrape the bottom of the barrel to get anything by.

As for the bad notaries. According to Nick, TY's TCPA response was awful, but I distinctly remember one of Ty's first appearances on the show was him talking a big game about how the first move from the opposing lawyers was going to be a move for anti-SLAPP. So Ty saw it coming before papers were even filed (or not the timeline's fuzzy). If you see it coming from so far away, how on earth do you fuck up so hard while acting like such a hotshot? This is probably Ty's most public case and he blew it.

Cut the beard Ty. You will now be punished Ty.
 
Cloud8521 dijo:
This is what really grinds my goat, that they used TCPA after they forced depositions (shouldnt it have been the first thing...) making the TCPA fail its purpose os keeping trial costs lower so no one will be expected to pay very much. Instead the lawyers involved did ntohing but inflate costs by filing extremely retarded stuff and annoying the fuck out of the judge rather than just keeping everything to the needed TCPA filings alone.

Seems ridiculous to me that there is not a cap on how much TCPA, since it should be expected that lawyers do not need to do as much work.... hence why TCPA is a thing.

Instead it seems that lawyers can jsut fuck about with the most benign filings and claim it on the TCPA because they can. And yeah I know this is meant to punish big names with loads of wealth from bullying somone into submission because of their vast wealth and access to lawyers who can usually prolong a case forever so they get their way no matter what. But Vic is none of those things. So in my mind the TCPA was either used incorrectly and against its own purpose, or it is complete trash.... i am leaning on both though. That it was misapplied and the lawyer quotes massively inflated for what essentially is an early dismissal that should have required almost no work on the defences side. While also being a terrible law that punishes people who have valid cases (especially people who have ltitle to no income because of the defendants) because of prior abuse of the system.
Presiona para expandir...
I wish they could bring that up in court. The fees are unreasonable, and the fact that the 2COA are pushing for more fees seems....counter productive? Isn't the whole point to torch cases before they escalate, and if it did escalate....doesn't that mean the lawsuit should be tried? I know that Ty fucked it but I think they're past the point of no return.

Anyway I'm willing to embrace my retardedness, I don't understand their retardedness
 
Marzgurl has the biggest echo chamber I've ever seen. She liked a tweet about how the Damian Mills accuser admitted it was fake.

Also Stephanie Sheh saying they could make a documentary out of this. That would require more than just anime fans, heck not even every anime fan as I've talked to ones who haven't even heard about this mess, to be invested in this story. R.Kelly had video evidence on sexual intercourse with a minor, Vic just has some photos of hugs, statements of him being creepy (which isn't a crime) and other things that don't have much to stand on. This started cause one person on twitter mistook Vic for another voice actor who actually married a minor. If you're making a documentary you'd actually need police records and official statements in order for the documentary to stand up.
 
Última edición:
Naw_Naw dijo:
Marzgurl has the biggest echo chamber I've ever seen. She liked a tweet about how the Damian Mills accuser admitted it was fake.

Also Stephanie Sheh saying they could make a documentary out of this. That would require more than just anime fans, heck not even every anime fan as I've talked to ones who haven't even heard about this mess, to be invested in this story. R.Kelly had video evidence on sexual intercourse with a minor, Vic just has some photos of hugs, statements of him being creepy (which isn't a crime) and other things that don't have much to stand on. This started cause one person on twitter mistook Vic for another voice actor who actually married a minor. If you're making a documentary you'd actually need police records and official statements in order for the documentary to stand up.
Presiona para expandir...
I dare them to make a documentary and have the documentary discover all the shit the other VAs have done and have video evidence of.
 
Bingo Sheet
1661220501250.png
 
Última edición por un moderador:
Huffing copium, but Vic does have a path to escalate this all the way to the USSC by trying to arguing Public Figure doctrine generally, or in the alternative as applied to him specifically is bullshit. He can also argue that the entire TCPA process is a violation of the 14th amendment. Because it is. You can't just stay discovery, and then dismiss a case because there is not enough discovery.

The big plus for doing this, is Vic will have to hire lawyers certified to make pleadings before the USSC, which means no more Ty, at least for that phase. Considering just how hot defamation is these days thanks to Social Media, the Supreme Court might actually deign to come down from the ivory tower to watch some Anime.
 
I just realized I didn't upload two documents.
My mistake.
Second Court of Appeals Concurring Memorandum Opinion
Second Court of Appeals Concurring and Dissenting Memorandum Opinion
 

Archivos adjuntos

5t3n0g0ph3r dijo:
Is this the Motion to Reconsider?
Presiona para expandir...
No idea. It's been 3 days since it was sent in and the letter itself isn't uploaded.

Ty mentioned they have 15 days (I assume business days) from the day of the judgment to submit a motion for reconsideration. While being late'n'gay was this lawsuit's downfall, I doubt Ty would turn one in 2 weeks early. Maybe a notice for a motion of reconsidering, kind of like they did a notice of appeal before the appeal actually appeared?

mindlessobserver dijo:
Huffing copium, but Vic does have a path to escalate this all the way to the USSC by trying to arguing Public Figure doctrine generally, or in the alternative as applied to him specifically is bullshit. He can also argue that the entire TCPA process is a violation of the 14th amendment. Because it is. You can't just stay discovery, and then dismiss a case because there is not enough discovery.

The big plus for doing this, is Vic will have to hire lawyers certified to make pleadings before the USSC, which means no more Ty, at least for that phase. Considering just how hot defamation is these days thanks to Social Media, the Supreme Court might actually deign to come down from the ivory tower to watch some Anime.
Presiona para expandir...
I dunno, I can't share in that cop/hopium.

For public figure/actual malice two things. If Vic is a not a public figure, he has to show negligence. Can he show negligence? Not without any evidence he can't. Second, even if considered a private individual, can he show other elements of defamation, like false statement of fact? Again, without his and Slatosch's affadavits I don't see it.

As for SCOTX/SCOTUS broadly challenging anti-SLAPP, that's even more impossible. If Vic did everything perfectly, and the TCPA still fucked him over, maybe either of those courts would be interested if a law is violating someone's right to a trial. The problem is, Vic (through Ty) didn't do everything right. He literally didn't submit critical evidence. The TCPA can be beaten (as seen in Watkins v. Miller and Miller v. Schupp), but only if you do things right. SCOTX/SCOTUS will take one look at this and decide the problem isn't the TCPA, but rather retarded counsel, and retarded counsel isn't a constitutional violation.
 
Última edición:
Dumb Bitch Smoothie dijo:
I wish they could bring that up in court. The fees are unreasonable, and the fact that the 2COA are pushing for more fees seems....counter productive? Isn't the whole point to torch cases before they escalate, and if it did escalate....doesn't that mean the lawsuit should be tried? I know that Ty fucked it but I think they're past the point of no return.

Anyway I'm willing to embrace my retardedness, I don't understand their retardedness
Presiona para expandir...
They're not pushing for more fees directly; they're granting the request for Chupp to look at the fees again because his reasoning was vague. He could just update the claim and send it back without changes to the amounts.

That said, iirc, Chupp had a history of just sending shit to thr 2COA that he didn't want to deal with. Yes, Ty fucked up on something that hurt the appeal, but it got to that point because Chupp literally refused evidence in court and refused to let Ty speak or object. Ty, in turn, fucked up more by acting like this was a gentleman's kind of court case that he usually deals with.

I've watched a lot of cases Nick has done. Chupp was by far the worse judge. Even the Asian lady judge that found the fountain of youth (she is 69 fucking years old) wasn't as bad as Chupp. Chupp was all the no-nonsense of judge Berowski with none of the goddamned charisma or intelligence.
 
TheClappening dijo:
For public figure/actual malice two things. If Vic is a not a public figure, he has to show negligence. Can he show negligence? Not without any evidence he can't. Second, even if considered a private individual, can he show other elements of defamation, like false statement of fact? Again, without his and Slatosch's affadavits I don't see it.
Presiona para expandir...
The affidavits are not the issue for a USSC appeal. The issue was that Chupp applied the evidentiary standard of New York Times v. Sullivan, during a SLAPP proceeding. That right there is a huge red flag, because that is the level of evidentiary standard that needs to be determined by a fact finder (i.e, Jury) or a Judge during a motion to Dismiss on the merits, not a procedural hurdle. The fact that NYT v. Sullivan was applied for a SLAPP proceeding alone is grounds for an appeal to the USSC for a limited ruling that would essentially order the hearing be redone. At which point the affidavits could be entered. More broadly though, this would give Justice Jackson the in he needs to just toss NYT v. Sullivan wholesale, which is why the alternative argument should be the fact that Chupp declaring Vic a public figure by itself was prejudicial, procedural merits of it notwithstanding.

The other issue is the TCPA's requirement of a Stay of Discovery, along with Chupps own written finding that Vics claims lacked "evidence", after he himself had ordered Vics team to stop collecting evidence pending this hearing. This is a pretty clear due process violation. The 14th amendment ostensibly exists to prevent these sorts of Kafkaesque procedural issues in the courts. This was a direct response to Dredd Scott v. Sandford which was decided solely on a Standing issue. I.E, the merits of the case were irrelevant, because Scott was not a person, therefore he could not bring suit in the first place. I would argue the entire structure of the TCPA runs afoul of the 14th amendment, and its another avenue of attack.

If the USSC nullifies the initial hearing, then Ty's notary fuckup is irrelevant because the remedy is either ordering the TCPA hearing be redone or saying the TCPA hearing itself is bullshit and move the case on to the Discovery phase pending pre-trial motions.
TheClappening dijo:
As for SCOTX/SCOTUS broadly challenging anti-SLAPP, that's even more impossible. If Vic did everything perfectly, and the TCPA still fucked him over, maybe either of those courts would be interested if a law is violating someone's right to a trial. The problem is, Vic (through Ty) didn't do everything right. He literally didn't submit critical evidence. The TCPA can be beaten (as seen in Watkins v. Miller and Miller v. Schupp), but only if you do things right. SCOTX/SCOTUS will take one look at this and decide the problem isn't the TCPA, but rather retarded counsel, and retarded counsel isn't a constitutional violation.
Presiona para expandir...
Agreed, the SCOTX won't take it, but I think there is a chance the USSC will, if Vic decides to roll the dice on it.
 
mindlessobserver dijo:
Huffing copium, but Vic does have a path to escalate this all the way to the USSC by trying to arguing Public Figure doctrine generally, or in the alternative as applied to him specifically is bullshit. He can also argue that the entire TCPA process is a violation of the 14th amendment. Because it is. You can't just stay discovery, and then dismiss a case because there is not enough discovery.

The big plus for doing this, is Vic will have to hire lawyers certified to make pleadings before the USSC, which means no more Ty, at least for that phase. Considering just how hot defamation is these days thanks to Social Media, the Supreme Court might actually deign to come down from the ivory tower to watch some Anime.
Presiona para expandir...
The court ruling that "sexual predator" is a matter or opinion is a massive load of bullshit to boot.
 
Última edición:
The Demon Pimp of Razgriz dijo:
I also think that is a massive overstep by the court, and something that's actually appealable.
Presiona para expandir...
Vic has to be willing to make the appeal. This isn't like Melinda Scott writing angry letters to every court in the land. He's first got to waste money on the Texas Supreme Court who will almost certainly not grant cert, and then spend more money on an appeal to the USSC.

God help his bank account if they actually do agree to hear it. On the plus side though Funimations rogues gallery would also have to pony up. It's up to Vic though. Taking it all the way to the Supreme Court could easily cost as much as just waving the white flag and paying those assholes their fees and costs.

Of course, if the USSC actually granted Cert, I bet he could launch another round of gofundme
 
Destacado
Debes iniciar sesión o registrarte para responder aquí.
Atrás
Top Abajo