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

[feral cat #6385]

Based off my reading, it can be dismissed either with or without prejudice, though research is somewhat challenging. Most of what I could find was written by one J. Sean Lemoine. I don't know if that makes it more reliable or less, to be honest.

As long as it isn't written by Ty Beard.

 

[NotaLolyer]

How much would it matter if it was sarcastic vs literal? I doubt the transcript will reflect the tone, only the wording.

Exactly, transcripts don’t convey sarcasm hence if chuppo would have given a straight answer it would have looked bad on Chupp because then ty had an appeal point of non TCPA standard. He only said maybe yeah and ty couldn’t follow it up.

Ty fucked up by retracting instead of supplementing and amending and by doing what he did past his rule 11, although he had a point that his opponent wasn’t burdened by it Chupp no nonsensed him just like Casey.

 

[BigDuckEnergy]

Don't know why people are bothered by the public figure thing, Vic was always incredibly likely to be found as such. Yeah, he ain't no George Clooney or Brad Pitt level of known, but he is known enough that people all over the world are talking to people on the other side of the world about him, even before all this went down.

 

[Son of Sparda 84]

Twitter

archived 8 Sep 2019 00:37:08 UTC

archive.is

 

[Imperial Agent]

Don't know why people are bothered by the public figure thing, Vic was always incredibly likely to be found as such. Yeah, he ain't no George Clooney or Brad Pitt level of known, but he is known enough that people all over the world are talking to people on the other side of the world about him, even before all this went down.

It’s mostly just about looking for points they could appeal on. The more the better.

 

[PrinceofAllCucks]

No. Funi described specific things they investigated in their affidavit, and in his depo Vic described the 3 stories they asked about over the phone. Funi filed their TCPA stay before the others, probably to get the discovery stay going since the investigation documents were Interrogatory #2 demanded by the Plaintiff.

Interestingly, BHBH filed a motion to compel discovery against both Toye and Rial, but not Funimation. Funi filed their TCPA motion 1 week after that motion to compel was filed. If they're still on the hook for defamation after Chupp's final TCPA rulings, then they should be back on the hook to produce the investigation documents, assuming they actually have some and didn't just half-ass it over the phone.

The motion to compel was specifically because Ron and Monica were well over the due date for their discovery documents. Funimation had filed their TCPA before they needed to produce them, and when/if the discovery stay is lifted, the very same day (if not the next day) will be their due date for the discovery.

 

[DinkyCowSow]

Would Vic being a public figure have affected anything at that trial? It seems more like it would come up later when trying to decide on defamation and damages.
I mean if Chupp would have just said " prove Vic isn't a public figure in 3 sentences." It was easily doable.
Funny enough though if Vic being a public figure gets dragged back up they might actually have to subpoena Nick about the GFM and streams.

Vic being a public figure makes the defamation case almost impossible, especially given the stuff filed by Ty.

Normally, for defamation, you have to prove that somebody made (source):

1. Made a false statement or fact about the plaintiff to a third party;
2. Made a statement that caused the plaintiff reputational or material harm;
3. Acted either negligently or purposefully.

Making Vic a public figure essentially removes the negligently bit, so you have to prove that the defendant knew that what they were saying was false.

So, in order to survive a TCPA, you have to provide clear and specific evidence, for each statement you are suing for, that all three of the above are true. For a private figure, assuming somebody has actually lied about you, this is pretty true. You show the statement, you show a fact that supports that the statement is false, and prove some damages. Damages can be easy to prove, but hard to tie to a specific statement. Proving or even providing clear and specific evidence that the person knew they were lying is extremely hard. Just about the only thing that will prove that and get you past the TCPA is a statement from that defendant that they lied about that specific statement on purpose.

The judge agreeing that Vic is a public figure pretty much was the death knell for almost any argument about defamation Ty could make, with only one exception: anyone who claimed Vic did something he did not do in private with only the two of them might make it past the TCPA if Vic says they are lying... but then you are stuck at trial with only a he said/she said case.

 

[AnOminous]

A prima facie case for defamation per se means damages are presumed; a prima facie showing of tortious interference actually requires demonstration of damages.

Chupp was looking straight at the evidence of damages. Vic would not have obtained a new contract (the original was BREACHED) if he hadn't spent tens of thousands of dollars hiring a legal team to browbeat Kamehacon into obeying the law, and the contract was substantially different from what he had originally bargained for, with no additional compensation. For instance, he wasn't allowed to participate in panels.

I don't know if Ty argued this or Chupp listened to it.

The judge agreeing that Vic is a public figure pretty much was the death knell for almost any argument about defamation Ty could make, with only one exception: anyone who claimed Vic did something he did not do in private with only the two of them might make it past the TCPA if Vic says they are lying... but then you are stuck at trial with only a he said/she said case.

No it isn't, and that's according to a court directly superior to Chupp. In a nearly identical situation, with two parties disagreeing on an event only they knew about, the appeals court found actual malice because if the plaintiff was telling the truth, the only rational inference was that the defendant, the only other person who knew the fact in question (which occurred privately face to face between them), logically had to have known the falsity of her statement.

Hence, a prima facie case of actual malice.

Which of them, the plaintiff or defendant, was telling the truth was a question for the jury.

Not Judge Chupp, which is possibly why he hasn't dismissed those counts. Yet. And why he might not. If he is actually aware of precedents from the past few months from the specific court of appeals in Fort Worth that he answers to.

 

[tuscangarder]

No. Funi described specific things they investigated in their affidavit, and in his depo Vic described the 3 stories they asked about over the phone.

Then why is anyone in this thread making definitive statements about what Funi has or doesn't have against Vick? So many people in here just repeating what Nick says without thinking. If the report documents any sort of thing that could be construed as harassment or threatening, then the whole lawsuit against them is bunk.

 

[Padoru]

I don't know if Ty argued this or Chupp listened to it.

Judging by the pseudotranscripts Ty ATTEMPTED to bring this in but was promptly cut off with "But he was invited back" and chupp literally didn't give a shit past that

 

[Garm]

What does the future look like for this case? (I know that there will be appeals, just spitball with me.)

If Chupp realizes he can't hand wave the defamation away and is forced to proceed with it, how does the appeal for TI go? Is that after the case or does everything stop for the appeal?

 

[Padoru]

What does the future look like for this case? (I know that there will be appeals, just spitball with me.)

If Chupp realizes he can't hand wave the defamation away and is forced to proceed with it, how does the appeal for TI go? Is that after the case or does everything stop for the appeal?

if chupp doesn't toss Defamation and conspiracy claims he hasn't tossed yet Vic/Ty can't appeal until those have been ruled iirc. If they ARE tossed by Chupp appeals are go from here.

 

[Make Anime Illegal]

@AnOminous How long do you think we'll have to wait for an ruling from the appeals court? I'm guessing months at least.

 

[Garm]

if chupp doesn't toss Defamation and conspiracy claims he hasn't tossed yet Vic/Ty can't appeal until those have been ruled iirc. If they ARE tossed by Chupp appeals are go from here.

Does the appeal benefit from discovery if the case goes forward? I'm guessing that it has to be based upon the evidence presented at this time.

 

[DinkyCowSow]

No it isn't, and that's according to a court directly superior to Chupp. In a nearly identical situation, with two parties disagreeing on an event only they knew about, the appeals court found actual malice because if the plaintiff was telling the truth, the only rational inference was that the defendant, the only other person who knew the fact in question (which occurred privately face to face between them), logically had to have known the falsity of her statement.

Hence, a prima facie case of actual malice.

Which of them, the plaintiff or defendant, was telling the truth was a question for the jury.

Not Judge Chupp, which is possibly why he hasn't dismissed those counts. Yet. And why he might not. If he is actually aware of precedents from the past few months from the specific court of appeals in Fort Worth that he answers to.

Yes, I'm glad we agree. That's why I said: "with only one exception: anyone who claimed Vic did something he did not do in private with only the two of them might make it past the TCPA if Vic says they are lying".

However, that will only allow that specific statement survive, and only will prove a clear and specific prima facie case for the third point. The second point may be presumed if Vic was accused of a crime in the statement of fact (which would make it defamation per se). The first point is trivial. So that's a single defamation claim that might survive the TCPA and go on to trial.

For the rest of the defamation claims, it's near impossible to win. Even if the judge were to agree that every single other statement was defamatory per se, Ty would still need to show clear and specific evidence that each defendant knew they were false. Ty's arguments have so far... well, they haven't inspired confidence that he can get over that extremely high bar.

 

[Padoru]

Does the appeal benefit from discovery if the case goes forward? I'm guessing that it has to be based upon the evidence presented at this time.

i don't actually know but i would assume that since a discovery stay is currently in place and the appeal would still be about the same TCPA the stay...stays

 

[Make Anime Illegal]

Even if the judge were to agree that every single other statement was defamatory per se, Ty would still need to show clear and specific evidence that each defendant knew they were false.

Actual malice also includes reckless disregard for the truth. Like investigating someone and finding no evidence of threatening or harassing behavior, but putting out a statement on twitter accusing him anyway.

 

[HTTP Error 404]

Don't know why people are bothered by the public figure thing, Vic was always incredibly likely to be found as such. Yeah, he ain't no George Clooney or Brad Pitt level of known, but he is known enough that people all over the world are talking to people on the other side of the world about him, even before all this went down.

Maybe. But the Judge's justification was "He's a public figure because KickVic filled the courtroom with onlookers." That's... not how public figures work. Not at all.

 

[AnOminous]

if chupp doesn't toss Defamation and conspiracy claims he hasn't tossed yet Vic/Ty can't appeal until those have been ruled iirc. If they ARE tossed by Chupp appeals are go from here.

Not necessarily true, but the appeals court would have to allow it. This also assumes the defense doesn't appeal the denial of the dismissal of the defamation claims. Arguably, it might be better and cheaper for everyone involved if he does.

@AnOminous How long do you think we'll have to wait for an ruling from the appeals court? I'm guessing months at least.

Months. Probably less than a year. The rule for TCPA appeals is they're automatically expedited with a faster briefing schedule than usual and there is little room for idiotic motion practice.

Does the appeal benefit from discovery if the case goes forward? I'm guessing that it has to be based upon the evidence presented at this time.

There's no discovery on appeal, generally. Exceptions are few and far between.

 

[Tour of Italy]

Then why is anyone in this thread making definitive statements about what Funi has or doesn't have against Vick? So many people in here just repeating what Nick says without thinking. If the report documents any sort of thing that could be construed as harassment or threatening, then the whole lawsuit against them is bunk.

Vic asserts that they only asked him about three relatively minor incidents, and Funimation has yet to produce anything that states to the contrary.

Yeah all we’ve got is insider information from Nick at the moment, but per Vic’s statement and deposition, it’s been proven 100% correct so that at least means something.

And I’m inclined to believe that if Funimation had anything definitive they would have fucking filed it and noped the fuck out of the suit by now. But as it stands, they’re still being considered for defamation. Seriously, if they had anything substantial, they literally have nothing to gain by not releasing it, and yet the best they have is the investigator herself saying that the assertions were “credible”, without showing her work in the slightest.

If they do have evidence and have just been too exceptional to share it, I’ll be happy to change my tune if it comes out. But at present, I really don’t see that being the case.