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

[AnIncredibleDerp]

Meh, I'll say it boils down to 4 options.

Option 1: The appeals agree with Chupp on all counts, and Vic has to pay the half million.

Option 2: The appeals agree with Chupp on all counts, but rule that he can't levy additional fees for appealing and he pays the quarter million.

Option 3: The appeals overturn some causes of action, Vic will pay less than the quarter million accordingly, and the case goes ahead.

Option 4: The appeals overturn all causes of action, and the case goes ahead.

I would put money on option 3 just because of the Slatosch texts alone, but Marchi's inclusion always being weak, they will more than likely find Vic a public figure meaning defamation is most likely out, qand the civil conspiracy will be hard to show even if it is true.

This "Marchi is a weak case" shit is copeposting.

Marchi made a statement about what Vic did to herself, a statement of sexual assault which is defamation per se (unless I'm misaken). Furthermore, even if Vic is considered a public figure, there is a video of her initiating a pretend makeout session with him in front of fans - AFTER the date he supposedly assaulted her and she knew of so many others. If that's not prima facie evidence of her not believing her own words, I don't know what would be.

Khan v. Van Der Linden involved a rather more specific allegation that the plaintiff specifically had stated he had funded a terrorist organization. That either happened or it didn't. This would clearly apply to Monica's allegations, which Vic flatly denies, and makes the trial court decision frankly bizarre.

The appeals court could find the plaintiff and Marchi simply characterized the same events differently, which at least in theory could be done without malice or negligently. I think there's an actual factual dispute but the appeals court might not.



It's the latter, although malice has also been imputed when relying on sources that were clearly unreliable. It's not always possible to determine whether this is because they inferred the defendant could not have done this without the requisite state of mind or whether the recklessness itself could constitute malice (this would apply more to Toye than the defendants claiming personal experience).

 

[Dr. Geronimo]

This "Marchi is a weak case" shit is copeposting.

Marchi made a statement about what Vic did to herself, a statement of sexual assault which is defamation per se (unless I'm misaken). Furthermore, even if Vic is considered a public figure, there is a video of her initiating a pretend makeout session with him in front of fans - AFTER the date he supposedly assaulted her and she knew of so many others. If that's not prima facie evidence of her not believing her own words, I don't know what would be.

Well, Chupp didn't know what TI was, so I think we're just being cautious at this point.

 

[AnIncredibleDerp]

Well, Chupp didn't know what TI was, so I think we're just being cautious at this point.

Ron TI is an open and shut case just from the texts. It goes beyond TCPA, even without Slatosch's affidavit that should win the bloody case on preponderance of the evidence just from the texts and subsequent timeline of events.

 

[diskboomer]

Ron TI is an open and shut case just from the texts. It goes beyond TCPA, even without Slatosch's affidavit that should win the bloody case on preponderance of the evidence just from the texts and subsequent timeline of events.

Nick stated that even someone in Lemontwink’s law firm knew they were supposed to lose on TI, and were shocked when it was tossed a well.

Fuck, Chupp even straight up told Johnson it sounded like fact questions when they were talking about Marchi’s tweet, and sexual assault story.

Chupp just didn’t want to fucking deal with the case, and shoved it out.

 

[EmuWarsVeteran]

Option 1: REEEing from ISWV on major scale

Option 2: REEEing from ISWV on a minor scale

Option 3: REEEing from KV on a major scale

Option 4: REEEing from KV off the scale

I agree option 3 is the most likely, but for the pure autistic salt I want option 4.

Option 4 may cause thermonuclear reeing to occur. So if you live near texas I recommend you take a vacation when the COA enters the scene. One needs to protect themselves from the effect of exposure to excessive exceptional radiation.

I suppose the best option for maximum screeching from both sides would be for the appeal to be granted (at least in part), the case to go through discovery and then trial, and for the defendants to prevail after the sides are completely worn down.

More likely is a settlement with many of the players if things look like they're going all the way. But there are two defendants and their scrappy mosquito bitten lawyer that might be unable to cut their losses.

Honestly with the info we already have if the COA sends everything back the only ways for vic to looseon every count at that point is either for chupp to deny a jury and proceed to Chupp harder than has every been achieved before, for the jury to be composed 100% out of soy boys and danger hairs, or for the most extreme discovery games humanity has seen to somehow be allowed unchallenged. So if that happens I'm fairly sure some of the more radical ISWV members might actually get a weapon and "fix in themselves" (against either chupp, the jury or the lawyers respectively) so I'd rather any other option because salt gets a bit sour when actual blood is spilt.
Seriously I've admitted before I'm ISWV myself and I would not do it but I've met some that are taking this case as an assessment of the current state of the government in america and the future they can expect, and people can do pretty much anything when they become convinced their children are under this kinda threat. It would not stay online. Just saying, I'm fairly sure the more exceptional ISWV members will REE hard enough if ANY count is dismissed upon final judgement, I'd say that's as good as we can get without crossing the border into real danger.

 

[Dr. Geronimo]

Wouldn't it be funny if COA brought back every charge EXCEPT TI on Ron? That would be the perfect action for this entire trash fire

 

[TheClappening]

On an unrelated note, we are clearly spawn of the devil for letting the Thicc Lasagna lawsuit thread reach the number of the beast.

 

[EmuWarsVeteran]

Wouldn't it be funny if COA brought back every charge EXCEPT TI on Ron? That would be the perfect action for this entire trash fire

I was going to remark how improbable that is. But so far we've been opperating under murphy's law autism version: if it can go sped, it will go sped, and if it can't, you are not paying close enough attention. So fuck it, the COA might just do enough bath salts to pull that off.

 

[BigDuckEnergy]

This "Marchi is a weak case" shit is copeposting.

Marchi made a statement about what Vic did to herself, a statement of sexual assault which is defamation per se (unless I'm misaken). Furthermore, even if Vic is considered a public figure, there is a video of her initiating a pretend makeout session with him in front of fans - AFTER the date he supposedly assaulted her and she knew of so many others. If that's not prima facie evidence of her not believing her own words, I don't know what would be.

The appeals court could find the plaintiff and Marchi simply characterized the same events differently, which at least in theory could be done without malice or negligently. I think there's an actual factual dispute but the appeals court might not.

Might have been fine if Vic didn't admit to touching her hair, it could easily be found that she 100% believed it to be sexual which wouldn't stick under defamation. Regardless, doing a publicity stunt of fake kissing in front of fans would never stick as malice. They are performers, they perform for fans, so what? Was that ever entered as evidence anyway? No, so doesn't matter to the appeals court.

Zero evidence of TI in regards to Marchi, and the only thing for civil conspiracy is the secret discord which was never entered into evidence so the appeals court will not even look at it, and even then the leaks didn't actually show anything from before the allegations or any admittance of falsity.

I get it, Marchi is an asshat. I would rather see her taken down but the facts of this case has weak evidence, prima facie or otherwise, that can be shown to the appeals court. Not saying it's 100% she gets off but it is looking extremely slim she won't.

We can tell from her public actions that she is full of shit, that is no good in court though.

Edit: all I'm saying is that it is probably best to assume Marchi is out of the case, but be pleasantly surprised if she isn't.

 

[AnIncredibleDerp]

Might have been fine if Vic didn't admit to touching her hair, it could easily be found that she 100% believed it to be sexual which wouldn't stick under defamation. Regardless, doing a publicity stunt of fake kissing in front of fans would never stick as malice. They are performers, they perform for fans, so what? Was that ever entered as evidence anyway? No, so doesn't matter to the appeals court.

Zero evidence of TI in regards to Marchi, and the only thing for civil conspiracy is the secret discord which was never entered into evidence so the appeals court will not even look at it, and even then the leaks didn't actually show anything from before the allegations or any admittance of falsity.

I get it, Marchi is an asshat. I would rather see her taken down but the facts of this case has weak evidence, prima facie or otherwise, that can be shown to the appeals court. Not saying it's 100% she gets off but it is looking extremely slim she won't.

We can tell from her public actions that she is full of shit, that is no good in court though.

Edit: all I'm saying is that it is probably best to assume Marchi is out of the case, but be pleasantly surprised if she isn't.

"Furthermore, even if Vic is considered a public figure, there is a video of her initiating a pretend makeout session with him in front of fans - AFTER the date he supposedly assaulted her and she knew of so many others. If that's not prima facie evidence of her not believing her own words, I don't know what would be."
Why ignore that?

 

[WrenchWring]

I think it's less that they didn't spell out "Vic was fired for harassment" in crayon, and more I don't know if Vic can prove knowledge of falsity or reckless disregard. I guess maybe the affidavits of Karen Mika and the Scott Baretto denying that they wanted the message to be taken that way versus the reasonable person's interpretation of the message might cut it? I dunno.

He doesn't (shouldn't) have to prove it at this point. Passing the TCPA is a matter of a prima facie case, where you have to present "clear and specific evidence" which the Texas Supreme Court has ruled means "the ‘minimum quantum of evidence necessary to support a rational inference that the allegation of fact is true.’ "

In the very initial pleadings, BHBH establishes what the investigation was investigating. Paragraph 18. We know what the basic contents of the investigation are; Denbow investigated three stories. 1. At a panel at an anime convention, Vic ate a jellybean with Monica's name on it and joked that he had eaten Monica. Nothing else happened. 2. Vic invited twin cosplayers up to his hotel room at an anime convention and asked for a threesome. They said no and left. Supposedly Vic kissed them without their consent, but if this did happen - which it didn't - it would be sexual assault and not harassment or threats. 3. Vic asked "a former funimation employee" if he could kiss her. She said yes, they kissed, nothing else happened. Denbow then had a phone interview with Vic.

We know what the complainants told Denbow. We know what Denbow knew. We know that Funimation's investigation did not involve even allegations of harassment or threats, as defined by law. We know that Denbow therefore had knowledge that Vic did not engage in harassment or threats. Even if she completely believed the accounts of the complainants, those accounts still don't contain harassment or threats. And yet, Funimation implied that Vic engaged in harassment and threats. Somewhere along the line, something happened to turn an investigation turning up no harassment and no threats into a claim of harassment and threats.

If this isn't a minimum quantum of evidence necessary to support a rational inference of knowledge of falsity, I don't know what is.

 

[Mr. 0]

On an unrelated note, we are clearly spawn of the devil for letting the Thicc Lasagna lawsuit thread reach the number of the beast.

you mean the number of jamie marchi's weight

 

[I can't imagine]

"Furthermore, even if Vic is considered a public figure, there is a video of her initiating a pretend makeout session with him in front of fans - AFTER the date he supposedly assaulted her and she knew of so many others. If that's not prima facie evidence of her not believing her own words, I don't know what would be."
Why ignore that?

I'm pretty sure this is referring to your point:

Regardless, doing a publicity stunt of fake kissing in front of fans would never stick as malice. They are performers, they perform for fans, so what? Was that ever entered as evidence anyway? No, so doesn't matter to the appeals court.

And I happen to agree. Ignoring the fact that no evidence of such a thing was included in the record, there's no reason to believe that a performer giving a performance in front of a live audience would be considered evidence that they actually didn't have a problem with the other performers; they're performers, their job is to act a certain way in front of an audience.

 

[Dumb Bitch Smoothie]

Since this is page 666 I gotta say one thing to match the horrifying nature of things.

Lawtwitter can eat the yeast infection buildup in between Marchi's folds if they're so confident about what's gonna happen moving forward.

Thank you for listening to my senseless rambling.

 

[AnIncredibleDerp]

I'm pretty sure this is referring to your point:



And I happen to agree. Ignoring the fact that no evidence of such a thing was included in the record, there's no reason to believe that a performer giving a performance in front of a live audience would be considered evidence that they actually didn't have a problem with the other performers; they're performers, their job is to act a certain way in front of an audience.

It was in the record. It's in the plea.

That said, she didn't have to do what she did. It's not like it's a play.

 

[Reverend]

Posting on legendary page 666 due to Satanic Panic brought on by the lack of gorgonzolla cheese on Ron's Snack tray last time I checked.

 

[I can't imagine]

It was in the record. It's in the plea.

That said, she didn't have to do what she did. It's not like it's a play.

I stand corrected about it not being on the record, though it wasn't used as evidence that she was lying about his treatment of her in the tweet, so it might be a challenge. To the extent that it could be brought up as an argument at all (which I'm genuinely not certain about, but am generally doubtful), I'm still not sure that it's compelling enough to actually spend the rather limited space in their brief on it. Remember, they only have 15,000 words to get all their shit in.

 

[Garm]

On an unrelated note, we are clearly spawn of the devil for letting the Thicc Lasagna lawsuit thread reach the number of the beast.

I would point out that it is more the defendants autism dragging us to this point rather than anything we did.

If they didn't give us this much to talk about, we wouldn't be here.

Might have been fine if Vic didn't admit to touching her hair, it could easily be found that she 100% believed it to be sexual which wouldn't stick under defamation. Regardless, doing a publicity stunt of fake kissing in front of fans would never stick as malice. They are performers, they perform for fans, so what? Was that ever entered as evidence anyway? No, so doesn't matter to the appeals court.

Zero evidence of TI in regards to Marchi, and the only thing for civil conspiracy is the secret discord which was never entered into evidence so the appeals court will not even look at it, and even then the leaks didn't actually show anything from before the allegations or any admittance of falsity.

I get it, Marchi is an asshat. I would rather see her taken down but the facts of this case has weak evidence, prima facie or otherwise, that can be shown to the appeals court. Not saying it's 100% she gets off but it is looking extremely slim she won't.

We can tell from her public actions that she is full of shit, that is no good in court though.

Edit: all I'm saying is that it is probably best to assume Marchi is out of the case, but be pleasantly surprised if she isn't.

Probably better to bring the cause up at the start of the case then bring it up later after discovery. Marchi may have threatened conventions but never got revealed.

 

[AnOminous]

Might have been fine if Vic didn't admit to touching her hair, it could easily be found that she 100% believed it to be sexual which wouldn't stick under defamation. Regardless, doing a publicity stunt of fake kissing in front of fans would never stick as malice. They are performers, they perform for fans, so what? Was that ever entered as evidence anyway? No, so doesn't matter to the appeals court.

Why would it need to be introduced as evidence? It would be rebuttal evidence to resolve a factual dispute between the parties on a material fact on a preponderance standard, which isn't even applicable. The issue is whether the plaintiff even presented a prima facie case.

There's also the oddball burden shifting on supposedly proving an affirmative defense by a preponderance standard but nobody even argued at the hearing that they were arguing an affirmative defense, nor did the judge find any affirmative defenses, simply finding there was no prima facie case, so that burden shift would never have occurred anyway.

(If there's any aspect of the TCPA that is clearly unconstitutional, that's it, although I don't believe this case has even raised the issue yet. Seriously read that language, it's janky as fuck.)

 

[Harvey Danger]

Seriously I've admitted before I'm ISWV myself and I would not do it but I've met some that are taking this case as an assessment of the current state of the government in america and the future they can expect, and people can do pretty much anything when they become convinced their children are under this kinda threat. It would not stay online. Just saying, I'm fairly sure the more exceptional ISWV members will REE hard enough if ANY count is dismissed upon final judgement, I'd say that's as good as we can get without crossing the border into real danger.

This is not a frivolous expectation. Any time there is general anxiety about the way a country, society, or community is headed, people look for an identifiable "tipping point". That meme is embedded in the way we think about change now, and we use it as justification to turn our misgivings into action.

Drawing a parallel to politics, in 2012 a lot of conservatives lost their mind because re-electing Obama a mere 2 years after the Tea Party grassroots uprising should have never happened. But it did, and inside conservative circles, the ideology quietly died off and the movement went a bit nuts. (As a result of that chaos, the Democrats got their moment of mind-breaking cognitive dissonance in 2016, as the world ended in nightmarish apocalypse.)

From the beginning, Nick pitched this case as the point where someone stood up and challenged the excesses of cancel culture and SJW mobs. KV isn't crazy when they--well, they aren't wrong when they say Nick escalated things beyond a regional VA scandal by drumming up a lot of external interest. Even though a few big names pushed back against #MeToo earlier, this is the highly visible fight for the weeb circles who don't pay attention to those celebrities but hyper-focus on these celebrities.