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

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RodgerDodger dijo:
I'm still looking for the white paper. Somebody else may have it linked already. But one thing that springs to mind regarding this investigation is in Texas there is a Statute of Limitations for any such claims. 180 days or 300 days depending on the nature. You can't actually go back years to dredge up this stuff.
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I keep getting timed out, but i believe this was the link Nick was referring too

Google cache link works for me and archive
 
I expected more than a bunch of articles parroting the io9 bs. If Funi expects this to actually get dismissed how about providing the actual "investigation" instead of Tami Denbow's conclusion that leaves us asking more questions than it answers. Who the accusers are is very relevant as to their credibilty. Some randon would have more cred than Manjaw and the orca pod for example. Funi did confirm that hanliea's tweet kicked everything off so her head is probably on the chopping block in round 2.
 
Ok I'm confused over this. So this whole TCPA is just showing Vic's tweets and articles talking about this with ANN and I09 articles. And its trying to prove Vic is an public figure. Can someone please explain this to me since I have 0 knowledge of law
 
AnOminous dijo:
It really looks to me like Denbow didn't think any of this was founded and abandoned it, perhaps expecting nothing to result from it and then, for some reason, Funimation decided to go ahead with their conspiracy to kick Vic anyway.

Not a good look!
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Now that we have the TCPA filing, we can see the full affidavits, and that doesn't quite seem to be the case. Exhibit A says this was triggered by hanleia, and picked up other allegations the next day.

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Denbow reported the results of the investigation on Jan 29, and they called him up and fired him on the same day.
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As for Denbow's affidavit, it establishes she found the "credible allegations", and... doesn't have much more than what Douchette posted. The only other interesting paragraph from Exhibit B:

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So the other unnamed Funi employee wasn't part of the original investigation, . But no names other than Monica's are in the affidavit. Going to need the investigation papers to find out something useful, I guess.
 
Son of Sparda 84 dijo:
Ok I'm confused over this. So this whole TCPA is just showing Vic's tweets and articles talking about this with ANN and I09 articles. And its trying to prove Vic is an public figure. Can someone please explain this to me since I have 0 knowledge of law
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"Look at how many international journalist outlets, including the CNN of Anime, who have covered this. They wouldn't do so for a mere nobody. This is clearly a public figure."
 
From what I understand in Texas a tortious act isn't required for TI, but if there is a tortious act, then you can't claim that you had the proper agency to interfere in the contract.
 
Harvey Danger dijo:
Now that we have the TCPA filing, we can see the full affidavits, and that doesn't quite seem to be the case. Exhibit A says this was triggered by hanleia, and picked up other allegations the next day.

Ver archivo adjunto 824353


Denbow reported the results of the investigation on Jan 29, and they called him up and fired him on the same day.
Ver archivo adjunto 824357


As for Denbow's affidavit, it establishes she found the "credible allegations", and... doesn't have much more than what Douchette posted. The only other interesting paragraph from Exhibit B:

Ver archivo adjunto 824356

So the other unnamed Funi employee wasn't part of the original investigation, . But no names other than Monica's are in the affidavit. Going to need the investigation papers to find out something useful, I guess.
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Wait… did Funi decide to drag Hanleia into the party as well?

And the affidavit only has Monica's name? wow I thought you wanted this lawsuit to go away, Funi… Good luck :story:
 
Keep in mind that a TCPA isn't a defence. It's more like a statement that "this lawsuit is frivolous for these reasons and therefore we shouldn't be required to defend against it". It's Vic's side complaint which has to pass muster here.

I can't remember what hanleia linked to. If it was the tumblr then some of the allegations are demonstrably false as Vic wasn't at the conventions where they purportedly occurred.

Why they fired Vic is only relevant in light of their tweet implying improper behaviour by Vic. Had they not made that tweet, they could have fired him for any reason or no reason at all and not be called upon to justify it.
 
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Jub-Jub dijo:
I keep getting timed out, but i believe this was the link Nick was referring too

Google cache link works for me and archive
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Hmmm? Can you say Oopsie
Defamation consists of communicating false information about a person to a third party, either intentionally (with malice) or with reckless disregard for its falsity. A company can be liable to any of its employees about whom false information is released if it makes the information known itself or negligently allows the false information to be released. For that reason, employers must be extremely careful with the information that often results from investigations.
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So, they say certain allegations were credible, but they fail to state which allegations those are? Is it because they don't want to admit they're referring to him eating a jellybean?
 
RodgerDodger dijo:
Hmmm? Can you say Oopsie
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Yeah that's the big part nick pulled out of it too. Two other sections look to be a problem too relating to issues of privacy:
Thus, since investigations often reveal highly intimate or embarrassing facts about people, especially in the case of sexual harassment, the information must be kept completely confidential by the employer and all who are involved in the investigation.
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In general, employees have the right to keep private facts about themselves and their families confidential, the right to not be accused wrongly, and the right to enjoy some degree of "personal space."
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I'd also be interested in how well they followed the common steps to any investigation, interviewing techniques and putting it all together sections.
 
Desu Mountain dijo:
So, they say certain allegations were credible, but they fail to state which allegations those are? Is it because they don't want to admit they're referring to him eating a jellybean?
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Also I like how there are repeated mentions to hanleia saying that Vic was a "known pedophile" - which is patently false. It's almost like they wanted to take the chance to repeat that lie to as many people as possible.
 
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So Monica Rial literally waited to after the investigation had already started to tell Funimation, and by extension Sony, about "sexual harassment" by Vic? Didn't these incidents happen like, years in advance? Monica never contacted Funimation, their mutual employer, about Vic's supposed actions beforehand, nor did she file a formal complaint with Texas Workforce Commission or the EEOC, as this article suggests? Oh, what's this? Guidelines from the very same Texas Workerforce Commission that also explained how to handle an internal investigation also explaining just what sexual harassment is? And I quote,

"Simple teasing, offhand comments or isolated incidents may not be considered sexual harassment."

It also says:

"It is best for you to directly inform the harasser that the conduct is unwelcome and must stop. You should use any employer complaint mechanism or grievance system available."

Seems Monica didn't follow through with proper reporting of her situation, or take any real mitigating steps in the intervening time period. In any proper investigation, the length of time between the incident and its first reporting would be massive red flags to the investigator. And her jellybean story probably doesn't even reach the level of sexual harassment in Texas. Tammi Denbow doesn't even appear to have done any "actual" investigating. She interviewed people over the phone, not in person, and she gathered no other evidence; no documents or anything of that kind. She gives no methodology to determining how she thought any of the allegations were credible. This is turning into a right shit show.
 
Harvey Danger dijo:
Douchette dropped the TCPA filing in Dropbox. I'm not sure what KF protocol is for linking/archiving court docs, so I'll just drop links here and let someone yell at me with instructions.

www.dropbox.com

2019-07-01 Funimation's TCPA Motion to Dismiss.pdf

Shared with Dropbox
www.dropbox.com www.dropbox.com

Source:
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Once again, we notice that the slightest communication to try to fix things (= please, don't attack people on my behalf), is used by these SJWs. I hope that, at least, it will be a lesson to the next victims of these twitter brigades.

Curious to see what will happen with this TCPA. Inside there are still references to ANN's misleading article, they still try to confuse the "accusation of pedophilia" with the "regret of having made people uncomfortable with HUGS".

And the afidavit of the investigation is incredible. MoRon kept saying that the investigation was huge, dozens of witnesses, etc.... Finally.... It's nothing at all, 3-4 calls... and done. Even the affidavit simply mentions Vic, without even giving his version of the facts. Probably, once again, to try to hurt him.

In short, nothing new under the sun, always the same bullshit we saw from the beginning.
 
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