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

[Kari Kamiya]

I mean Lemonaids has lied in court documents before so why would you be surprised he did again?

If only because MoRonica doesn't seem bothered by it. Birds of a feather, I guess--except birds eat mosquitoes.

 

[AnOminous]

I'm going through Marchi's right now, and it seems a lot less crisp than Rial/Toye. Wish I had the clerk's record because without them the defamation arguments seem kind of limp. There's a reference to "Vic is a bad man," which is easily a statement of opinion.

The Marchi document is atrociously formatted and, substantively, is heavy on huffing and puffing and light on argument. It looks like it was slapped together at the last minute and is a Frankenstein's monster of ugly, contrasting styles, switching inexplicably from single spacing to double spacing, throwing in unnecessary bold and italics, and having numerous grammatical and typographical errors starting in the first page.

There was possibly some triage going on here, as it was a comparatively weak case to begin with.

Also from the malformed Funimation document:

"Vic Mignogna's claim theory (claim or theory-need to pick one)"

Motherfucker please. This again? Note, if you're leaving things to decide later in a document, put some string like "XXXX" that doesn't occur anywhere else. Then before you're done, just search for "XXXX" to make sure you haven't left any of these fucking things to be done later and then completely forgotten to do them later. Jesus.

 

[The Singer Of Songs]

The Marchi document is atrociously formatted and, substantively, is heavy on huffing and puffing and light on argument. It looks like it was slapped together at the last minute and is a Frankenstein's monster of ugly, contrasting styles, switching inexplicably from single spacing to double spacing, throwing in unnecessary bold and italics, and having numerous grammatical and typographical errors starting in the first page.

There was possibly some triage going on here, as it was a comparatively weak case to begin with.

And the Court of Appeals likely won't care all that much. I think the Oral Arguments are going to be where Marchi get shaved.

 

[AnOminous]

And the Court of Appeals likely won't care all that much. I think the Oral Arguments are going to be where Marchi get shaved.

Oral arguments are generally meaningless.

 

[teriyakiburns]

Most of filing seems to be hammering at "Fact question, fact question, fact question."

It's a good thing to hammer, IMO. There were numerous fact questions that should have obviated any TCPA claim. Chupp just didn't care.

 

[Crazedking]

I still do not understand why marchie was added to the lawsuit. To be quite honest, i think adding her has actually weakened the suit as a whole.

Beside being another funi VA coming out with a story, hers is at best a miscontrued years old interaction that is being reframed to make look bad but is nowhere near anything monica and ron has done from TI and straight up saying criminal charges were coming. They should have focused their first round (now thought of second lawsuits is basically ludicrous) on MoRon and Funi.

 

[Make Anime Illegal]

I still do not understand why marchie was added to the lawsuit. To be quite honest, i think adding her has actually weakened the suit as a whole.

Beside being another funi VA coming out with a story, hers is at best a miscontrued years old interaction that is being reframed to make look bad but is nowhere near anything monica and ron has done from TI and straight up saying criminal charges were coming. They should have focused their first round (now thought of second lawsuits is basically ludicrous) on MoRon and Funi.

Even if they don't have smoking gun evidence to begin with they could potentially find some through discovery.

 

[LawTwitter is Dumb]

Even if they don't have smoking gun evidence to begin with they could potentially find some through discovery.

Well they should have gotten a lot more in discovery but then moronica and the whole bunch shot the TCPA out their ass and froze it after playing games and not giving them anything.

 

[Bender]

Even if they don't have smoking gun evidence to begin with they could potentially find some through discovery.

If Marchi gets out of this because of TCPA can she be bought back in if additional stuff is found during discovery?

@AnOminous @RodgerDodger

 

[Make Anime Illegal]

Well they should have gotten a lot more in discovery but then moronica and the whole bunch shot the TCPA out their ass and froze it after playing games and not giving them anything.

The purpose of the TCPA is to save people from going through discovery if the claim is baseless. Discovery is supposed to mostly happen after the TCPA stage.

 

[LawTwitter is Dumb]

If Marchi gets out of this because of TCPA can she be bought back in if additional stuff is found during discovery?

@AnOminous @RodgerDodger

Yes and no, since she is still a relevant party to the suit she can be brought in for deposition.

The purpose of the TCPA is to save people from going through discovery if the claim is baseless.

Funny they didn't do that till AFTER discovery had already took place.

 

[AnOminous]

If Marchi gets out of this because of TCPA can she be bought back in if additional stuff is found during discovery?

@AnOminous @RodgerDodger

No. If she actually did something else she could be sued for that, but TCPA dismissal is with prejudice and permanent.

Yea since she is still a relevant party to the suit she can be brought in for deposition.

She can be deposed as a third party even if she wins outright, so long as there is any case at all and she possibly has admissible testimony or evidence.

 

[Make Anime Illegal]

Funny they didn't do that till AFTER discovery had already took place.

It's almost like they were trying to drive up their costs in an attempt to get money from the GFM.

 

[AnOminous]

It's almost like they were trying to drive up their costs in an attempt to get money from the GFM.

And they just coincidentally happened to demand nearly the entire amount of the GFM, after months of Lungmoine wheezing and gasping about the GFM at every available opportunity.

 

[Jub-Jub]

Tortious interference arguments still seem kind of limp, but they were always limp. I wonder why they didn't do what they did with Monica and Ron, and brought up Vic's contract with Funimation. As an ADR director and writer, she would know if Vic had active roles at the time.

I doubt there would be much point, Marchi wasn't part of the investigation and IIRC made her claims after Funimation had already terminated the contract.

 

[Spectre_06]

Why must you fucking do this to me?

I see Ty finally decided to pick a fight with the Farms.

 

[Bender]

I see Ty finally decided to pick a fight with the Farms.

But now we need to prove we're scarier than ISIS.

 

[TheClappening]

On to Funimation.

The infamous error, page 8:

The defamation arguments seem decently strong. For TI, as with Marchi, the arguments seem kind of limp. Vicarious liability seems... okay, I guess, where the they use Monica asking a Funi employee what she can say as evidence that they had control over her tweets. Seems iffy, but we'll what the judges think. Civil conspiracy is kind of the same, and uses the same emails.

 

[East_Clintwood]

You would think the twitter tards would be smarter about freaking out with cropped portions of the filing as though people can't see them trying to spin like a politician

You have to remember they're not aiming those tweets at people like us, who might question the narrative or dig further. They're directed at the drones who use twitter unironically, and who can only ingest information in small, easily digestible snippets that don't require them to think for themselves.

 

[Laundui_or_douchette?]

On to Funimation.

The infamous error, page 8:
Ver archivo adjunto 1392887

The defamation arguments seem decently strong. For TI, as with Marchi, the arguments seem kind of limp. Vicarious liability seems... okay, I guess, where the they use Monica asking a Funi employee what she can say as evidence that they had control over her tweets. Seems iffy, but we'll what the judges think. Civil conspiracy is kind of the same, and uses the same emails.

I like how they clearly tied the vicarious liability between Funi and Rial with the emails of her asking what can she say.