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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teriyakiburns dijo:
IMO wicke phillips are trying to obfuscate the record by filing their cross-appeal and response in the same document. It lets them intermingle arguments from one part and the other. Sneaky shits.
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I think you mean Stupid Shits.... you don't win at the appeals court by obfuscating points. If one side is clear and the other obfuscates, the clear side basically wins by default.
 
@AnOminous I have a question, I know you cannot sue someone for something said under the privileged of the court, but can it be used during the damage/sanction phase?
 
GenericReviewerDraco dijo:
Always assume the worst possible future.
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I would... but so far my read on judges themselves is 1 for 1, since I expressed reservations on Chupp well before the Chuppening (Though I take no credit for predicting HOW bad he would be, no one predicted that). And none of the appelate judges give me the same worries,
 
Última edición:
Cross-posting from the Nick thread:

Roughly, the entire appeal and cross-appeal for MoRon is around 15,345. The words count for the appeal reply brief is about 13,883 (max is 7,500) and the cross-appeal is about 1,462. They tried to get around the length of the reply brief by putting them together.
 
Well, I wished it would been missed just for lolz, but it's seems to be even better then I thought it'd be.I, read over it tonight with a nice cup of tea, and some bourbon. Now just hoping to see MoRon and Funi each rip each other apart over the 2AP.
 
AlphaBadger dijo:
Well, I wished it would been missed just for lolz, but it's seems to be even better then I thought it'd be.I, read over it tonight with a nice cup of tea, and some bourbon. Now just hoping to see MoRon and Funi each rip each other apart over the 2AP.
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I am fully expecting them BOTH to try to argue that it shouldn't be accepted, except for "These small portions of relevence" or some shit.
 
Gave a read to the MoRons brief and if yesterday I thought that Jamie's strip lawyer was doing what he could to don't let Jamie escape, WTF WP filed?! Is Lemwha tier of "pro" and doesn't really do much to help their case, how could they file that and think it was alright to waste words on some other defamations+insults and still trying to drag Nick in?
Guess they never learned the lesson in the hearing where they implied Nick and Chupp owned them on it. Heck, this just smells like another epic fun arc is about to begin I guess.
 
Gehenna dijo:
I am fully expecting them BOTH to try to argue that it shouldn't be accepted, except for "These small portions of relevence" or some shit.
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I'm not an expert or anything, but I think this brief is the place where Funi would make that argument. They get a reply to Mignogna's reply, but the meat of their argument would be here. Actually, I'm not even sure they're allowed to raise new arguments in the reply brief.
 
I can't imagine dijo:
I'm not an expert or anything, but I think this brief is the place where Funi would make that argument. They get a reply to Mignogna's reply, but the meat of their argument would be here. Actually, I'm not even sure they're allowed to raise new arguments in the reply brief.
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When has that stopped anyone here? I am expecting FULL exceptionalism.
 
Gehenna dijo:
... So reading through it, they are actively litigating the idea as if to a lower court. Additionally, they are defaming Mignona again using the privilege of the court to get away with it.

No, the appeals court is going to hate this. They got away with it with Chupp because he was too lazy to bother to read through the small trees worth of paperwork. But all the appellate court DOES is read paperwork, meaning they get to see this and see it for what it is. Defaming someone. Hell, THIS DOCUMENT is an example of the defamation that was dismissed.
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They're filing this nonsense in the same court that smacked down the idiot responsible for Van Der Linden v. Khan.
 
Crazedking dijo:
skimmed through marchie's and looks like johnson doing good work again. The suit vs her was always weak and BHBC never presented anything concrete to tie to everything else.

I very much doubt MoRon walks out since they are the one who done the most damage and have the most evidence going agaisnt them. But adding marchie was a detriment to the overall suit imo. It helped the defendant play the "Hes trying to silence women" angle and would have been less bullshit for Chupp to go through so maybe he would have paid more attention. Her bullshit def borders on first amendment that even i think she should get out of this and i hate the bitch.

Havent read on Funi's response yet, will be interesting to see how that one goes.
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I'd just like to remind people that 'His head and balls' is being used for proof of Actual Malice, which is only important if Vic is found to be a public figure, and even then may not be necessary. The crux of the issue with Jamie is her story. She didn't defame him by saying rude things, she defamed Vic by using the privilege of being 'his friend' and telling a false and defamatory story about him, which caused him damage. Because she told a story that only Vic or Jamie would know the truth of and Vic denies it, it's assumed false for the purposes of TCPA. And if she told a story she knew was false (because it's a false story she claims happened to her) that's Actual Malice.

TI with contracts and prospective business and conspiracy may be weak claims on Jamie pre-discovery, but defamation is enough to get her through TCPA, which gets her into discovery and deposition. And also forces her to pay her own bills. Even Chupp, the one who threw it out, agreed that it was a fact question when he actually heard it. He'd just already thrown it out and was unwilling to let any of the case survive at that point. I personally think the Chuppening happened because he didn't read any of the files, didn't want to, and wanted it all off his docket because it was annoying and petty. Ron just went so above and beyond the call of duty that Chupp was eventually forced to look at it, and at that point realized the mistake he made. At that point it was easier to dump it on the appeals court's doorstep and let them sort through the mess he accidentally made.

So, yeah. I think Ron single-handedly sank the case for the defendants, after Ty misjudged the judge and allowed things to get complex enough that Chupp decided he'd rather throw it out than preside over it. (Though in fairness, Ty couldn't have known that he'd have ended up with Chupp when he first filed it. It's possible other judges would have been able to handle 4 defendants and all the mud Lemoine flung around without any problem)
 
They even state in their table of contents that Vic has a history of pedophilia.

They are either blatantly defaming in court documents and expecting not to be called on it, or they have actually begun to believe their own bullshit.
 
We've reached a timeline where them forgetting to file the brief altogether would be a LESS exceptional outcome than the one we got.
 
Crabbo dijo:
They even state in their table of contents that Vic has a history of pedophilia.

They are either blatantly defaming in court documents and expecting not to be called on it, or they have actually begun to believe their own bullshit.
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They're blatantly defaming him. They've been doing so from the start, and they're doing it constantly. They're playing on a stage and trying to punish him for fighting back so they can make an example of him. Of course they want to win, but just as important is to try to demoralize him into quitting or dying, and hoping that they can defame him so badly he'll be ruined forever even if he wins.

Watch. If he wins appeals, the moment this turns definitively against them they won't 'spin' things to try to say he's bad, they'll just sweep it under the rug and refuse to talk about it anymore. They'll only ever reference the early phase of the lawsuit and the defamation they pushed through there, and ignore when the court is like "No, that's bull" or when discovery shows emails where Sabat tells Rial "Yeah, just make up a couple stories. You know, use some details from that time with Sean." That way, they can try to convince the public that Vic is Bad even if the court says "No, you are."

It's the classic 'run incorrect and damaging headline on front page, put the retraction in small text on the last page' tactic.
 
AnOminous dijo:
idiot responsible for Van Der Linden v. Khan.
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Remind me how that went again? I thought that case was kinda bad for the plaintiff. Are any of the judges that heard that case involved in Vic's?

Spectre_06 dijo:
Cross-posting from the Nick thread:

Roughly, the entire appeal and cross-appeal for MoRon is around 15,345. The words count for the appeal reply brief is about 13,883 (max is 7,500) and the cross-appeal is about 1,462. They tried to get around the length of the reply brief by putting them together.
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Whats the remedy for this then?
 
DragoonSierra dijo:
Remind me how that went again? I thought that case was kinda bad for the plaintiff. Are any of the judges that heard that case involved in Vic's?


Whats the remedy for this then?
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redo or it becomes null and voided, both of these are up to the appellate court's decision. The latter is more likely due to the former usually having to ask and get permission from the court before you can file it.
 
Crabbo dijo:
They even state in their table of contents that Vic has a history of pedophilia.

They are either blatantly defaming in court documents and expecting not to be called on it, or they have actually begun to believe their own bullshit.
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Or maybe Ron is still butthurt from the time Ty asked him if he was a pedophile at that deposition. Grudge is a hell of a thing to carry.
 
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