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

[Apteryx Owenii]

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.

Eh. People are big badasses online everywhere. It's hilarious to read right-leaning websites about guns or prepping because if as many people actually did what they righteously type about online there would be a Waco every week in the US. I am extremely doubtful that the nerds spedding out over this are going to do anything off a keyboard (shit like 'swatting' is always a strong possibility though).

That said, one of our cows (fucking "Simba Lion"!!) shot two cops a couple of weeks ago before getting loaded up with lead so anything's possible. I will laugh myself half to death if a weeb ends up getting shot\incarcerated in similar circumstances over this mess. And I'll probably laugh myself fully to death if it's because he took a mall-ninja sword to Texas to goku get'em and gets blown away.

 

[Dumb Bitch Smoothie]

Eh. People are big badasses online everywhere. It's hilarious to read right-leaning websites about guns or prepping because if as many people actually did what they righteously type about online there would be a Waco every week in the US. I am extremely doubtful that the nerds spedding out over this are going to do anything off a keyboard (shit like 'swatting' is always a strong possibility though).

That said, one of our cows (fucking "Simba Lion"!!) shot two cops a couple of weeks ago before getting loaded up with lead so anything's possible. I will laugh myself half to death if a weeb ends up getting shot\incarcerated in similar circumstances over this mess. And I'll probably laugh myself fully to death if it's because he took a mall-ninja sword to Texas to goku get'em and gets blown away.

I think Manjaw has the potential to go nuts and suicide by cop

 

[AnOminous]

And I'll probably laugh myself fully to death if it's because he took a mall-ninja sword to Texas to goku get'em and gets blown away.

I think the most hilarious thing would be if someone tarded out to the point of literally getting shot by Ron Toye. And I'd hope they'd live just long enough while bleeding out to realize they got shot by a cuck soy boy.

 

[BigDuckEnergy]

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.

Then I've missed/forgot that

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.

I was under the understanding that the appeals court would be looking at the evidence on the record to see if Chupp made the correct decision. IF it wasn't on the record, how can the appeal court say that he made the correct decision for malice should the burden be needed via public figure status, which they most likely will consider him to be also?

Regardless of it being on the record or not, I'm still not convinced any judge will see that as displaying malice.

 

[AnOminous]

Regardless of it being on the record or not, I'm still not convinced any judge will see that as displaying malice.

Malice means merely that she said it despite knowing it wasn't true, and if Vic's description and Marchi's description differ materially to the extent that someone actually experiencing what Vic described could not possibly have described it in good faith as Marchi described it had to have been lying. For instance, Vic denies saying anything sexual, while Marchi insists he did, and while remembering this, somehow doesn't remember what he actually said. If all he said was a completely innocuous compliment, it couldn't in good faith be represented that way.

That's a material representation.

Vic's statement as to his own recollection is definitely on the record, as are all the depositions, which were submitted redundantly in their entirety in more than one filing by both parties.

 

[AnIncredibleDerp]

For instance, Vic denies saying anything sexual, while Marchi insists he did, and while remembering this, somehow doesn't remember what he actually said. If all he said was a completely innocuous compliment, it couldn't in good faith be represented that way.

That could well be an argument in itself, yes... Apparently all she remembers is that it was sexual. Unfortunately, I think it can be argued that Vic saying "Nice hair" could be interpreted as sexual depending on tone

 

[Garm]

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.

Everyone thinks the world is going to end with their generation.

Personally I think this is just one in several indications that "the tide is turning" on the MeToo movement as a national movement. For the anime community they may have tried to start with Vic and it may end with Vic if the appeals overturns things.

That could well be an argument in itself, yes... Apparently all she remembers is that it was sexual. Unfortunately, I think it can be argued that Vic saying "Nice hair" could be interpreted as sexual depending on tone

What if he said "I am the walrus"? I think the point was that for purposes of TCPA it has to be interpreted in favor of Vic. Ergo, Marchi is displaying actual malice because she is stating untrue things.

Whether or not it happened is something to investigate at trial.

 

[Ken Jennings]

So I have been curious about where Monica and Ron are getting the money for an expensive lawsuit.

Assuming Funimation isn't the source of money, what is the likelihood that Ron had an umbrella insurance policy or something similar to cover their asses, and since it's likely Ron would be aware of that due to his profession, wouldn't that make the out of pocket impact on them sort of moot? Since most umbrella policies start at $1 million, it might take a lot more lawsuit to be a major hit to the pocketbook than the damage done already.

 

[AnOminous]

So I have been curious about where Monica and Ron are getting the money for an expensive lawsuit.

Assuming Funimation isn't the source of money, what is the likelihood that Ron had an umbrella insurance policy or something similar to cover their asses, and since it's likely Ron would be aware of that due to his profession, wouldn't that make the out of pocket impact on them sort of moot? Since most umbrella policies start at $1 million, it might take a lot more lawsuit to be a major hit to the pocketbook than the damage done already.

I don't think an insurance company is gladly going to agree to cover someone who jumped up and down screaming SUE ME SUE ME SUE ME for months on end. It's not like this was an accident. It's like a car insurance company paying off for you deliberately running over a bunch of people.

 

[Apteryx Owenii]

So I have been curious about where Monica and Ron are getting the money for an expensive lawsuit...

Perhaps they somehow ended up under the impression that whatever ridiculous costs were run up by the lawyer would be paid off by Vic due to them winning the TCPA and getting attorney's fees plus punitive damages.

 

[diskboomer]

Perhaps they somehow ended up under the impression that whatever ridiculous costs were run up by the lawyer would be paid off by Vic due to them winning the TCPA and getting attorney's fees plus punitive damages.

Gen from Funimation told Huber, that Vic would be paying for it all via TCPA.
So that’s likely what they all thought.

 

[Urbanmech]

Perhaps they somehow ended up under the impression that whatever ridiculous costs were run up by the lawyer would be paid off by Vic due to them winning the TCPA and getting attorney's fees plus punitive damages.

I highly doubt the insurance company would leave itself open to an overzealous client/lawyer running up the bill because the insurance company can pay more than it would take to do the lawsuit. Like basically what Lemonaids did vs Johnson to prevent paying more than is necessary. Especially after A.I.G. got screwed when they tried to not pay for Cosby's lawsuit because they used ambiguous wording and so had to pay for Cosby's lawsuit. Granted we do not know what the policy is but I would not be surprised it having the wording "Reasonable fee's" somewhere in there due to being in Texas and the Anti-slapp involved. Would save insurance companies a lot of money not having to pay for anything due to the plaintiff paying the bills for "reasonable fees". Hell we could just be wasting our time due to them only having the insurance cover stuff dealing with the home only, aka dog bites or people suing you for getting hurt on your property. Not defaming someone...

 

[Dumb Bitch Smoothie]

The real fucking irony would be if Ron did have insurance, things moved forward in appeals and then the insurance company got a hold of those bills and just decided "Oh hell no." and didn't pay for shit because 90% of that statement is just fluff.

 

[secondclass]

I highly doubt the insurance company would leave itself open to an overzealous client/lawyer running up the bill because the insurance company can pay more than it would take to do the lawsuit. Like basically what Lemonaids did vs Johnson to prevent paying more than is necessary. Especially after A.I.G. got screwed when they tried to not pay for Cosby's lawsuit because they used ambiguous wording and so had to pay for Cosby's lawsuit. Granted we do not know what the policy is but I would not be surprised it having the wording "Reasonable fee's" somewhere in there due to being in Texas and the Anti-slapp involved. Would save insurance companies a lot of money not having to pay for anything due to the plaintiff paying the bills for "reasonable fees". Hell we could just be wasting our time due to them only having the insurance cover stuff dealing with the home only, aka dog bites or people suing you for getting hurt on your property. Not defaming someone...

I'm guessing there is no insurance coverage here. Most insurance companies will reject a bill if the lawyer has block billed, which everyone but Funi's lawyer did.

Also, you can usually tell when insurance is paying because each line on the bill has a billing code. In order to go into their payment tracking software, insurance companies (and megacorps) require that the lawyers "code" their bills, which presumably allows the insurance company to sniff out overbilling in a semi-automated fashion. Most companies and fortune 500 companies use the standard codes:

Litigation Code Set

Information on the Uniform Task-Based Management System, including the litgation, counseling, project, and bankruptcy code sets.

www.americanbar.org

Here, all the bills were un-coded and didn't have any sort of summary of the coded billings or anything. The lack of coded bills is a good clue that nobody in the insurance world is picking up the tab.

 

[Garm]

So I have been curious about where Monica and Ron are getting the money for an expensive lawsuit.

Assuming Funimation isn't the source of money, what is the likelihood that Ron had an umbrella insurance policy or something similar to cover their asses, and since it's likely Ron would be aware of that due to his profession, wouldn't that make the out of pocket impact on them sort of moot? Since most umbrella policies start at $1 million, it might take a lot more lawsuit to be a major hit to the pocketbook than the damage done already.

Easiest and simplest answer: credit. As a last resort of course. After liquidating stocks, bonds, 401k, IRA's, savings and scrounging the couch for coins.

They didn't expect Vic to sue so I doubt they and their allies had a "warchest" readily available. When he did sue everyone scrambled to get whatever funding they could get.

They didn't worry because it should have been an open and shut case with the TCPA. Vic would have to pay them for the privilege of suing them. At least that was what they were told.

Don't they have something like 70k paid already?

 

[AnOminous]

The real fucking irony would be if Ron did have insurance, things moved forward in appeals and then the insurance company got a hold of those bills and just decided "Oh hell no." and didn't pay for shit because 90% of that statement is just fluff.

If you think Judge Chupp was less than patient with a ludicrous joke of a bill like Lemonhead's full of "redacted" and refusing to admit what the bills were even for, and highly questionable block billing, you're going to love what a claims adjuster will do with that. "What the FUCK is this SHIT?" from Chupp will be polite in comparison.

You have to love the arrogance of these fucks handing absolute garbage like those bills to Chupp, thinking they were invulnerable and he was some kind of human pinata they could just whack for free money. It would be nice to see them get fucked first by Chupp and then by their insurance for Lemoine's stupidity.

 

[I can't imagine]

Easiest and simplest answer: credit. As a last resort of course. After liquidating stocks, bonds, 401k, IRA's, savings and scrounging the couch for coins.

They didn't expect Vic to sue so I doubt they and their allies had a "warchest" readily available. When he did sue everyone scrambled to get whatever funding they could get.

They didn't worry because it should have been an open and shut case with the TCPA. Vic would have to pay them for the privilege of suing them. At least that was what they were told.

Don't they have something like 70k paid already?

I don't remember the exact amount, but yes, a certain amount of it has been paid already.

Also, it's worth remembering that their attorneys are probably willing to work with them on a payment plan of some form. It's a civil trial, not a criminal one; no matter the result, the defendants will still be capable of earning money afterward. Most lawyers don't turn down cases just because the potential client doesn't literally have the entire costs available to them immediately.

 

[AnOminous]

Also, it's worth remembering that their attorneys are probably willing to work with them on a payment plan of some form.

In this case, the billing is such a complete ripoff that the clients are likely to end up working with the bar association on a fee dispute.

 

[Iron Hamster]

So I have been curious about where Monica and Ron are getting the money for an expensive lawsuit.

Assuming Funimation isn't the source of money, what is the likelihood that Ron had an umbrella insurance policy or something similar to cover their asses, and since it's likely Ron would be aware of that due to his profession, wouldn't that make the out of pocket impact on them sort of moot? Since most umbrella policies start at $1 million, it might take a lot more lawsuit to be a major hit to the pocketbook than the damage done already.

I think the first problem is soye inserted himself into something that had nothing to do with him to begin with.

 

[Tour of Italy]

I think the first problem is soye inserted himself into something that had nothing to do with him to begin with.

Toye inserted himself into a lot of things a sane person would immediately regret.