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

[TheClappening]

And don't forget, one of the people in the stories, Sara Bachmeyer, hasn't said shit about this.

Im almost hoping she Stan Dahlin's Funimation.

 

[Urbanmech]

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.

Don't you worry Monica has said she will release the evidence once this is over...….so probably never going to see it.

 

[ErbBetaPatch]

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.

Or believing links on a forum calling pretty ugly little liars where you admit you dont know who posted the links.

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.

I think you underestimate Lemwads ability to file exceptional motions

 

[HungrySkeltal]

I think you underestimate Lemwads ability to file exceptional motions

By the end of the case, how many more forests will need to get leveled so opposing counsel can each file their 10000 page motions?

 

[DinkyCowSow]

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.

Agreed.

Let's take that tweet as an example. According to Ty's filing, funimation tweeted "“[f]ollowing an investigation…Funimation will not be engaging Mignogna in future productions…We do not condone any kind of harassment or threatening behavior being directed at anyone”.

Where in Ty's filing did he provide clear and specific evidence that this is a false statement of fact that Vic has harassed and threatened people? Different people have different standards of what counts as threatening or harassing, so Ty would need some argument saying that it isn't an opinion (if he bothered to make this argument, it could have actually been strong, because the tweet does imply some undisclosed facts). So, maybe it's a statement of fact.

Ty does at least make an attempt to prove that the second half of the statement is about Vic. But Funimation can just argue that they are saying that no one should harass and threaten anyone based on their cutting ties with Vic. However, Ty's just picking tweets without providing the whole chain and context to the judge. There's a strong argument here that it isn't clear that the second part of the tweet is accusing Vic of anything.

He would also have to prove damages as a result of this tweet, or at least prove that it is defamation per se so that damages are presumed. Not only does Ty not bother to cite any criminal statutes that would support that this is defamatory per se, he doesn't even cite any cases where it has been found that accusing somebody of harassment is defamatory per se. No clear and specific evidence of either thing.

In the end I wouldn't be shocked if a few defamation claims make it past the TCPA. It's pretty clear a competent lawyer could have gotten most of the claims, even TI, past the TCPA (getting past summary judgement is harder).

 

[AnOminous]

I think you underestimate Lemwads ability to file exceptional motions

There aren't really motions to file as such. There's a limited briefing schedule with permission needed to exceed the strict word/page limits and you either brief it on time and within the limits or you lose.

 

[instythot]

By the end of the case, how many more forests will need to get leveled so opposing counsel can each file their 10000 page motions?

Good Lord. 1200 pages, mostly already filed elsewhere, with days to go to the hearing was a terrible approach. If anything was going to make a judge not read the filings, it's opening up a document to 1 of 1200 in the status bar

 

[Immaculate Ape]

Good Lord. 1200 pages, mostly already filed elsewhere, with days to go to the hearing was a terrible approach. If anything was going to make a judge not read the filings, it's opening up a document to 1 of 1200 in the status bar

It seemed that BHBH had included enough to attempt to defend against 3 TCPAs in one hearing

 

[instythot]

It seemed that BHBH had included enough to attempt to defend against 3 TCPAs in one hearing

Which is to show a prima facie cause of action for each claim. Ronnie's defamation makes it difficult to keep the page count down, but almost all of those had been entered into the record elsewhere

At the very least streamline the exhibits in some way such as "here are the 30 most egregious defamatory tweets from Toye, a complete record of similar defamatory statements from Toye is included in the 300 pages of exhibit B"

 

[Immaculate Ape]

Which is to show a prima facie cause of action for each claim. Ronnie's defamation makes it difficult to keep the page count down, but almost all of those had been entered into the record elsewhere

At the very least streamline the exhibits in some way such as "here are the 30 most egregious defamatory tweets from Toye, a complete record of similar defamatory statements from Toye is included in the 300 pages of exhibit B"

I agree.

After hearing how things went in the courtroom, I am not sure how it would have played out either way. I think by this time all the exceptional motions between Ty and Lemoine had pushed him beyond the point of giving a fuck. Time will tell if anything gets appealed, or if it's even a smart thing TO appeal.

 

[Make Anime Illegal]

Agreed.

Let's take that tweet as an example. According to Ty's filing, funimation tweeted "“[f]ollowing an investigation…Funimation will not be engaging Mignogna in future productions…We do not condone any kind of harassment or threatening behavior being directed at anyone”.

Where in Ty's filing did he provide clear and specific evidence that this is a false statement of fact that Vic has harassed and threatened people? Different people have different standards of what counts as threatening or harassing, so Ty would need some argument saying that it isn't an opinion (if he bothered to make this argument, it could have actually been strong, because the tweet does imply some undisclosed facts). So, maybe it's a statement of fact.

Ty does at least make an attempt to prove that the second half of the statement is about Vic. But Funimation can just argue that they are saying that no one should harass and threaten anyone based on their cutting ties with Vic. However, Ty's just picking tweets without providing the whole chain and context to the judge. There's a strong argument here that it isn't clear that the second part of the tweet is accusing Vic of anything.

The standard is what a reasonable person would interpret the statement to mean. Hundreds if not thousands of people on twitter alone interpreted it to mean that Vic was investigated, found to have committed harassment or threatening behavior, and that's why he was fired.

He would also have to prove damages as a result of this tweet, or at least prove that it is defamation per se so that damages are presumed. Not only does Ty not bother to cite any criminal statutes that would support that this is defamatory per se, he doesn't even cite any cases where it has been found that accusing somebody of harassment is defamatory per se. No clear and specific evidence of either thing.

If someone accused you of murder, I dont think you would have to cite the specific criminal statute against murder to show that's defamation per se. What judge could not be aware that harassment is a crime?

 

[Son of Sparda 84]

@AnOminous thoughts
Man TCPA's are confusing

 

[HTTP Error 404]

@AnOminous thoughts
Man TCPA's are confusing

Mike Dunford is a complete and utter fucking idiot. That's a takeaway we learned literally months ago now.

 

[Immaculate Ape]

Ver archivo adjunto 927899Ver archivo adjunto 927900Ver archivo adjunto 927901

@AnOminous thoughts
Man TCPA's are confusing

This is literally coming from the same fingertips that tweeted out all of the TCPAs would be immediately dismissed and Ty would be sanctioned on the spot.

They're emotionally invested in Vic's defeat, and complete morons.

 

[instythot]

If someone accused you of murder, I dont think you would have to cite the specific criminal statute against murder to show that's defamation per se. What judge could not be aware that harassment is a crime?

That's not the point being made. The point being made is Ty apparently did not cite parts of the defamation statutes where it is defined that when accusing someone falsely of being a criminal, damages are presumed. Which, when going to a judge, is a really good idea to do. You know, tell him which part of the law he's resolving a dispute over so he doesn't accidentally apply a different statute than the one you want in effect

 

[HTTP Error 404]

That's not the point being made. The point being made is Ty apparently did not cite parts of the defamation statutes where it is defined that when accusing someone falsely of being a criminal, damages are presumed. Which, when going to a judge, is a really good idea to do. You know, tell him which part of the law he's resolving a dispute over so he doesn't accidentally apply a different statute than the one you want in effect

I'm wondering if after the Judge does the most basic elements of his job, he might undo some of his dismissals. Is that an option? "Upon further review the TI is back on the table."

 

[Immaculate Ape]

I'm wondering if after the Judge does the most basic elements of his job, he might undo some of his dismissals. Is that an option? "Upon further review the TI is back on the table."

There is a history of Chupp reversing his decisions on later reconsideration requests (not just through appeal court)

 

[DinkyCowSow]

The standard is what a reasonable person would interpret the statement to mean. Hundreds if not thousands of people on twitter alone interpreted it to mean that Vic was investigated, found to have committed harassment or threatening behavior, and that's why he was fired.



If someone accused you of murder, I dont think you would have to cite the specific criminal statute against murder to show that's defamation per se. What judge could not be aware that harassment is a crime?

Hundreds if not thousands of people believe the Earth is flat. That is not enough to prove reasonableness. Reasonableness is highly subjective and depends on the judge.

The law is a bit more complicated than that. Look up "Glenn Beck Raped and Murdered a Young Girl". That has more to do with the statement of fact part, but it shows how hard these things are to prove. Ty should have cited a case there that shows accusations of harassment are defamation per se. Barring that, he should have at least shown that harassment is a crime.

I'm not saying that this is how things should be, but the fact is that defamation cases are extremely hard to win in the USA, especially for public figures.

 

[Dumb Bitch Smoothie]

There is a history of Chupp reversing his decisions on later reconsideration requests (not just through appeal court)

You're gonna give me hope and then I'm gonna have to eat an entire tree in Minecraft

 

[6’8 Nigga]

I thought you were not supposed to lay out damages during a TCPA hearing?

You’re not