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

[TheClappening]

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.

Judge Chu had the dignity to at least try to fix her mistake. Even if her lack of control over her courtroom and bad instructions got Potter convicted, she at least only effectively gave Potter a slap on the wrist in terms of prison time.

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.

Again, the problem I'll see with this tack is that they did have the evidence. Vic's and Slatosch's affidavits were enough to at least partially pass the TCPA. But when you don't get that evidence submitted due to Ty's fuck up, that's a self-induced lack of evidence. And that's really my argument against any kind of higher appeal. A higher court will just point out that counsel fucked up, and fucking up is not a valid reason to overturn anything.

Maybe, maybe, the only possible attack point that isn't a pipe dream is examining whether or not the second amended petition is subject to the Rule 11 agreement, and whether the evidence it offered were allowed under Rule 59. Establishing whether the second amended petition and its included evidence is operative is crucial, and I don't like Vic's odds. The opinion read like a dad fed up with bullshit. When Ty goes to the same judges and asks pretty please with a cherry on top they'll tell him to fuck off.

 

[No Man's Burrito]

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

Ty said he'd cover all the costs if Vic took it to the Supreme Court.

 

[School of Fish]

Ty said he'd cover all the costs if Vic took it to the Supreme Court.

The Supreme Court of Texas or the U.S. Supreme Court?

If you ask me, if this case were to ever make it to the highest court in the U.S. then this guy would probably be KickVic's worst nightmare. This guy took away Roe v. Wade and also expanded gun rights because the Left just won't stop talking shit about his wife.

Talk shit about his wife? No abortion for you. Talk shit about his wife? No gun control for you. Talk shit about his wife? Vic Mignogna wins his case if he ever does appeal. If by some remote chance that this case makes it to the U.S. Supreme Court then KickVic better not talk shit about Clarence Thomas' wife or they will fucking lose if they do.

I don't know if Vic is going to appeal in the coming weeks but if he does and this makes it to the U.S. Supreme Court then KickVic better shut up about Clarence Thomas' wife if they want to stand a chance lol.

 

[Zbk3VmLfujjzjxBd43tL]

The court ruling that "sexual predator" is a matter or opinion is a massive load of bullshit to boot.

Aren't they just citing a precedent? Remember that Elon Musk won a defamation suit over calling a British dude "pedo guy". It's perfectly plausible that someone who is a sexual predator isn't committing a crime, just are incredibly obnoxious. And that's the thing with defamation, you basically have to be accusing Vic of committing a crime and I'm not sure with the information entered into evidence that can be proved.

 

[TheClappening]

Aren't they just citing a precedent? Remember that Elon Musk won a defamation suit over calling a British dude "pedo guy". It's perfectly plausible that someone who is a sexual predator isn't committing a crime, just are incredibly obnoxious. And that's the thing with defamation, you basically have to be accusing Vic of committing a crime and I'm not sure with the information entered into evidence that can be proved.

Not necessarily a crime, but it does have to be an objective statement of fact that damages a reputation.

"Vic is a sex pest," has no real objective meaning. For all we know his horrific pants make him a sex pest.

"Vic lured me into his hotel room, threw me on the bed, and forcibly kissed me," is claiming an objective fact. If Vic can show that this fact is actually a lie, and that it caused him damage, you get defamation.

 

[We Wuz Kais]

The Supreme Court of Texas or the U.S. Supreme Court?

If you ask me, if this case were to ever make it to the highest court in the U.S. then this guy would probably be KickVic's worst nightmare. This guy took away Roe v. Wade and also expanded gun rights because the Left just won't stop talking shit about his wife.
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Talk shit about his wife? No abortion for you. Talk shit about his wife? No gun control for you. Talk shit about his wife? Vic Mignogna wins his case if he ever does appeal. If by some remote chance that this case makes it to the U.S. Supreme Court then KickVic better not talk shit about Clarence Thomas' wife or they will fucking lose if they do.

I don't know if Vic is going to appeal in the coming weeks but if he does and this makes it to the U.S. Supreme Court then KickVic better shut up about Clarence Thomas' wife if they want to stand a chance lol.

Remember when Judge Chupp was the based young conservative judge who was gonna own the Dangerhairs by vindicating Vic?
Also, I doubt an old school black guy like that is gonna be too impressed by a lispy faggot like Vic.

 

[Toast Sandwich]

"Vic lured me into his hotel room, threw me on the bed, and forcibly kissed me," is an claiming an objective fact. If Vic can show that this fact is actually a lie, and that it caused him damage, you get defamation.

I think the point was there's a level of detachment between describing someone as a predator and describing someone as a sexual assaulter. There's countless people who go to clubs and bars and behave there in a way that can be described as predatory without them even having had the chance to break the law, if they do at all.

If you can easily imagine a judge and jury waving off the accusation of "sexual predator" as being in the same bracket as "sex pest" or "sex creep", which we should all be able to imagine after getting to know how much leeway judges and juries seem to have, then in this case you should probably throw "objectivity" out the window.


At this point really if there are still arguments in each direction about whether a case is tenable or not, then it's not worth considering at all. Vic is not some young guy with plenty of years left to throw away on the legal system. He needs to move on with his life with the support of the fans who haven't already moved on with theirs. Even if he does win some mythical open-shut case then it won't even protect him from smears going forward, because the full time haters who slip by will just fall back to calling him a creep and a pest and will do it all the more because they'll be even more bitter about him. There's no more value left in this for Vic. It's done.

 

[School of Fish]

Remember when Judge Chupp was the based young conservative judge who was gonna own the Dangerhairs by vindicating Vic?
Also, I doubt an old school black guy like that is gonna be too impressed by a lispy faggot like Vic.

Your birth certificate is an apology letter from the condom factory.

 

[I'm not a Robot]

It's been a while, but some may recall that Ty was on Twitter when the clock was counting down for the TCPA response on August 30th 2019. The deadline passed with no document, reportedly due to technical errors. The file size was said to have been too big for the upload. They compressed it and supposedly lost citations. OK.

The month prior, everybody had to go to court because Ty wanted to push back the TCPA hearing by 3 weeks, which the defendants had refused to allow. Well, Chupp set them straight and gave Ty 4 weeks, all of August 2019, to prepare. Ty proceeded to make appearances on Nick's show on August 1st, August 15th, August 21st, and August 28th, totaling 13 hours. There was every indication that Ty had plenty of time. We would later learn than he had handed the responsibilities of writing the TCPA response off to someone else and it hadn't been a priority for them either. There wasn't enough time to notarize the affidavits so someone had the idea to fake it. They were quickly caught because one of the affiants had posted on Instagram showing that they weren't in Tyler Texas that day. They might've gotten away with it had they not pretended the affidavits were all signed on the same day, the last possible day allowed by their own rule 11 agreement. They couldn't even get their own client, who earns a living signing autographs, to put pen to paper. Instead, they took an existing autograph by Vic, opened up photoshop, and appended the letters t-o-r in a cursive font to complete his full, first name for his affidavit.

People can complain about how the court should've given him a pass on the second amended petition, but we arrived at this outcome because Ty didn't do the work when it mattered and all the arguments, appeals, and additional lawyers couldn't undo what wasn't done.

 

[SwanDive]

The Supreme Court of Texas or the U.S. Supreme Court?

If you ask me, if this case were to ever make it to the highest court in the U.S. then this guy would probably be KickVic's worst nightmare. This guy took away Roe v. Wade and also expanded gun rights because the Left just won't stop talking shit about his wife.
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Talk shit about his wife? No abortion for you. Talk shit about his wife? No gun control for you. Talk shit about his wife? Vic Mignogna wins his case if he ever does appeal. If by some remote chance that this case makes it to the U.S. Supreme Court then KickVic better not talk shit about Clarence Thomas' wife or they will fucking lose if they do.

I don't know if Vic is going to appeal in the coming weeks but if he does and this makes it to the U.S. Supreme Court then KickVic better shut up about Clarence Thomas' wife if they want to stand a chance lol.

There is almost a 0% chance that this makes it anywhere near SCOTUS, though if it did Clarence Thomas would 100% back Vic. Birds of a feather, after all...

 

[Chudbacca]

I've no doubt his sycophantic simp fanbase will rationalize it as not being his fault.

Who else is looking forward to Toye suing Rekeita?

Ty did a bad job, but this whole thing was also a tough sell anyways. Likely nobody cared about anyone involved because literally what is an anime to them? Even if Vic won, I doubt it would matter, because the damage was already done and they don't have the money to pay him.

Ron Toye will always be a faggot, Monica Rial will always be fat, and Jamie Marchi will always be a pig. Vic will continue to be beloved by his fans and clean up at cons. History will remember his accusers as mentally ill. They did stain his legacy, but who cares. Legacies are for fags.

 

[Uncle Buck]

It's been a while, but some may recall that Ty was on Twitter when the clock was counting down for the TCPA response on August 30th 2019. The deadline passed with no document, reportedly due to technical errors. The file size was said to have been too big for the upload. They compressed it and supposedly lost citations. OK.

I suppose a fax machine - or, here's a novel idea, submitting the freaking thing by certified mail [is it not recognized as timely if it's submitted by the date of mailing?] or even in person [use a freaking messenger service if you can't physically be there] - was too hard for him?

 

[Dyn]

History will remember...

History isn't going to remember shit about some creepy gay anime voiceactor trying to sue people for talking about him on twitter. Get over yourselves.

 

[AnOminous]

Anyway I'm willing to embrace my retardedness, I don't understand their retardedness

This opinion is obviously not out of left field and one judge on the panel agrees with that conclusion.

I suppose a fax machine - or, here's a novel idea, submitting the freaking thing by certified mail [is it not recognized as timely if it's submitted by the date of mailing?] or even in person [use a freaking messenger service if you can't physically be there] - was too hard for him?

As much as I hate to join the dogpile, when I was a student we once delivered a TRO application to a half-dozen parties that consisted of three banker's boxes full of paper (for each party). The first part of it was 500+ pages laughingly called a "brief." With six hours to do it. We managed that (with the assistance of a messenger service).

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.

Unfortunately, the opinion is framed in such a way that it's virtually unappealable, other than the remand for fees. The question answered isn't whether the evidence Ty attempted to enter into evidence was sufficient to defeat a TCPA motion, but whether it could have even been admitted. Withdrawing the previous affidavits meant they obviously weren't in evidence, and makes that particular choice look like a huge own goal. It would have been better to be able to argue about whether the improper notarization could have been remedied nunc pro tunc after the deadline than just conceding that issue right off the bat.

 

[We Wuz Kais]

Your birth certificate is an apology letter from the condom factory.

Cope. You know I'm right.

There is almost a 0% chance that this makes it anywhere near SCOTUS, though if it did Clarence Thomas would 100% back Vic. Birds of a feather, after all...

How is a Senior Citizen African American Christian Supreme Court Justice birds of a feather with a middle-aged metrosexual white boy voice actor?

Who, by the way, clearly only uses his Christianity as a way to manipulate people (and if you consider his involvement with the Trinity Church in Florida - probably to help molest children, or at the very least covering up for the preacher/bishops who did)

 

[Captain Manning]

How is a Senior Citizen African American Christian Supreme Court Justice birds of a feather with a middle-aged metrosexual white boy voice actor?

You might be too young to know. Google "Anita Hill." The allegation she made about Thomas complaining about a pubic hair on his Coke can is funny. The rest, not so much.

This is totally not making it to the SCOTUS, but if it did in some alternate bizarro universe, I could see both Clarence Thomas and Brett Kavanaugh expressing sympathy for Vic. To @mindlessobserver's point about the public figure doctrine, New York Times v. Sullivan was a product of the liberal Warren court, and Trump bitched and moaned a number of times about how it's too hard to sue for defamation with the public figure doctrine in place. Presumably, he has appointed like-minded jurists.

The problem I have with the public figure doctrine is that it really should have been the "political figure doctrine." I think you should have a God-given inalienable constitutional right to talk mad shit about politicians, but where it falls down for me is that it encourages people to talk mad shit about anyone who is even remotely famous.

I doubt very much this is the case that will change the legal framework we have in place though. It could happen one day with another case though.

 

[We Wuz Kais]

The problem I have with the public figure doctrine is that it really should have been the "political figure doctrine." I think you should have a God-given inalienable constitutional right to talk mad shit about politicians, but where it falls down for me is that it encourages people to talk mad shit about anyone who is even remotely famous.

Well I posit this to you, how can you justify this stance and also justify using kiwifarms? I mean that's what this entire site is for is talking mad shit and collecting information on anyone who is even remotely famous or even just on the internet with their real name? Almost every thread on this site is full of people extrapolating or just outright making shit up sometimes, things that if we were to believe that Vic was right in suing Funimation, would be considered criminal defamation.

https://search.txcourts.gov/SearchMedia.aspx?MediaVersionID=55ffb4d0-065c-44ec-91a9-91e09c915a4b&coa=coa02&DT=Other&MediaID=d27647d8-b0c5-41ac-ae34-62fc9b1039a1

Okay which one of you faggots wrote this?

 

[Captain Manning]

Well I posit this to you, how can you justify this stance and also justify using kiwifarms? I mean that's what this entire site is for is talking mad shit and collecting information on anyone who is even remotely famous or even just on the internet with their real name? Almost every thread on this site is full of people extrapolating or just outright making shit up sometimes, things that if we were to believe that Vic was right in suing Funimation, would be considered criminal defamation.

For Null and the corporate personhood that is KF: They're protected by CDA 230. My actions, or the actions of other users, don't bleed over to them because they are not legally the publisher of anything defamatory posted here.

For the KF userbase: Ummm... try not to post blatantly false bullshit about people? Not even lolcows. Opinions would still be fair. I mean, that's kinda already a site rule, although it's enforced unevenly even at the best of times. Null went over this on the recent MATI where even he thinks speech shouldn't be an anything goes proposition. He's even hypothesized a defamation/tortious interference countersuit against Keffals if Keffals tries to go after him in a U.S. court.

You're not wrong that there would be greater risk. I agree with you. But I just think a lot of people are tired of this metoo shit and the life ruination that comes with it. You have to understand Vic didn't happen in a vacuum. You might not like Vic, and that's perfectly fine, but surely you've heard one or more sexual assault allegations and said "yeah, that's bullshit."

Freedom of speech is a balancing act. Even in the U.S..

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https://search.txcourts.gov/SearchMedia.aspx?MediaVersionID=55ffb4d0-065c-44ec-91a9-91e09c915a4b&coa=coa02&DT=Other&MediaID=d27647d8-b0c5-41ac-ae34-62fc9b1039a1

Okay which one of you faggots wrote this?

Well, there's the letter people were speculating about.

NGL, that's pretty fucking cringe. And completely pointless.

At least it's not a death threat though. I think Chupp did get one or more of those earlier in the case.

 

[We Wuz Kais]

For Null and the corporate personhood that is KF: They're protected by CDA 230. My actions, or the actions of other users, don't bleed over to them because they are not legally the publisher of anything defamatory posted here.

For the KF userbase: Ummm... try not to post blatantly false bullshit about people? Not even lolcows. Opinions would still be fair. I mean, that's kinda already a site rule, although it's enforced unevenly even at the best of times. Null went over this on the recent MATI where even he thinks speech shouldn't be an anything goes proposition. He's even hypothesized a defamation/tortious interference countersuit against Keffals if Keffals tries to go after him in a U.S. court.

You're not wrong that there would be greater risk. I agree with you. But I just think a lot of people are tired of this metoo shit and the life ruination that comes with it. You have to understand Vic didn't happen in a vacuum. You might not like Vic, and that's perfectly fine, but surely you've heard one or more sexual assault allegations and said "yeah, that's bullshit."

Freedom of speech is a balancing act. Even in the U.S..


Well, there's the letter people were speculating about.

NGL, that's pretty fucking cringe. And completely pointless.

At least it's not a death threat though. I think Chupp did get one or more of those earlier in the case.

While I don't want to get into a legal debate about 230 and how it would apply to this site, I think it could be argued that Josh would have at least some responsibility considering that the content on this site is curated and moderated. Aside from that, look at all the things that were said on this very subforum about the KickVic people, lots of unhinged crazy shit.

Listen, I too agree that the MeToo movement was a lot of bullshit, and everyone is tired of Dangerhairs in general. However, that doesn't mean that every allegation is false. It's like if Michael Jackson sued the media for reporting on his pedo accusations. The stuff against Vic looks bad. I think people are getting too caught up in the own the libs mentality to actually look at him and his behavior objectively. Dude just screams creep.

 

[2lolis1cup]

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https://search.txcourts.gov/SearchMedia.aspx?MediaVersionID=55ffb4d0-065c-44ec-91a9-91e09c915a4b&coa=coa02&DT=Other&MediaID=d27647d8-b0c5-41ac-ae34-62fc9b1039a1

Okay which one of you faggots wrote this?

I found the original and the message isn't that much less retarded.