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

[teriyakiburns]

I think there's a real possibility that Lemoine's dump-truck filings and love letters helped turn Chupp away from the case. Lemoine wore him down and maybe he can wear the appellate court down too.

The appellate court won't consider any of his letters and he has no opportunity for filings other than strictly defined motions directly relevant to the existing record. They're only interested in what has already occurred. Nothing new can be submitted.

 

[Lone Outsider]

I've said this before, but it bares repeating since it does explain the otherwise baffling behavior of the defendants.

They can't settle!

It'd be political suicide to go back on months of narrative indicating that Vic deserved to be destroyed and that all the things said about him were true. Every left leaning and feminist driven news and blog would rake them over the coals for settling. Their careers would be ruined. Thats not to say what they are doing now is helping, but theyd rather be seen as incompetent in court then liars to the public.

It's political suicide either way, when people are sick and tired of Puritans it's gonna blow up in their faces like no other. Them calling it quits right now is a quick and immediate end to them and they dont like anything that's upfront and honest. It's what made the Quartering's victory so satisfying exactly because he forced his attacker to settle and then apologize.

We know that they've come too far because they've destroyed their chances of redemption, so they can continue to drag this on for as long as they want, the only thing it will do is make more people see what clowns they are, lose monkey while Vic's GFM will sustain him and have the farms laugh at them for their deluded and spiteful attempt to destroy a man because they are jealous bitches.

 

[MadPanda]

Just wondering if anyone knows this. Let us say vic wins the appeals and all 17 charges are brought back(doubt all of em will be, but prove me wrong santa), BUT the jury finds in favor of the defendants. Does that means that they would have to sue vic for legal fees or will he automatically be responsible for em?

I mean I want him to be vindicated in the court of law, but ill take the defense being financially fucked for what they tried/are trying to do to his finances.

 

[I can't imagine]

Not really. A common aspect of settlements is the conceding party being able to walk away without even admitting they were wrong and losing face and KickVic would more than likely characterise a settlement by the defendants as further proof of evil rapists using the legal system to silence innocent victims.

There's no universe where the defendants in this case aren't being lionised as the heroes. That's not how the game works.

It's pretty unusual for a defamation case to be settled without the defendants acknowledging at least some degree of fault. Defamation is one of those things where a simple tweet or press release is usually more valuable than money to the plaintiff. They may be able to get away with offering some sort of qualification to their statement, but they're very unlikely to get away without saying something.

It's also worth pointing out that, simply put, there could be things that come out during discovery that could be significantly more harmful to Funimation than admitting wrongdoing in this case. It may well be a decision between getting cancelled by twitter feminists that won't do much to the bottom line, or dragging the company into an IRS investigation. Sure, you might get fired for the former, but you'll definitely get fired for the latter.

This, of course, is entirely contingent on the defamation claim against Funimation actually going through, which is by no means a guarantee. And there being something sufficiently damning in the discovery to warrant being afraid.

 

[TheClappening]

Not a lawyer, but I don't think there's a baked in recovery of fees by the prevailing party. There might be motions to recover fees, but I'm sure that's a lot harder than the mandated TCPA fees

 

[AStupidMonkey]

Vic's lawyers filed the appeal when they did to meet a vaguely worded deadline for appeal that the countdown for it could arguably start from when Chupp dismissed the causes of action under the TCPA, or could arguably start from when he made his ruling on what the fees would be. As I recall the idea LeMosquitoed was attempting to argue was that as the "final ruling" on the fees had not yet been made, the appeals court wouldn't have jurisdiction yet, and thus they should dismiss the initial appeal filing as being too soon. His obvious hope being that they'd dismiss the appeal, at which point - after Chupp ruled on fees - LeMosquitoed would switch to arguing that Vic was filing for appeal too late and could only appeal the fees at most. Chupp wasn't having any of that shit, and as this order shows, neither is the Court of Appeals.

So yeah, Lemonfurher was attempting to trick the court into preventing Vic from appealing via technicalities, and has been told no by the court.

Imagine unironically thinking this quantum-slice filing window would impress a court. When was the correct time to file? While the judge was reading his decision?

Behold the power of Vic's positive prayers: "Oh Lord, make my enemies ridiculous."

If nothing else beforehand it should've been a huge red flag to MoRonica that neither Johnson nor Volny bothered to file their own Motions to Dismiss at the CoA.

Surely, you're not implying the defendants have been in close collusion durring and (gasp) perhaps BEFORE the lawsuit! =(๑⚈o⚈๑)=

Not a lawyer, but I don't think there's a baked in recovery of fees by the prevailing party. There might be motions to recover fees, but I'm sure that's a lot harder than the mandated TCPA fees

All the more reason to settle. Which they could. And I hope Vic doesn't let them.

 

[TheClappening]

All the more reason to settle. Which they could. And I hope Vic doesn't let them.

It's up to Vic.

And while a trial followed by a jury declaring the defendants to be legally liars would be the second funniest timeline, an alternate reality where the defendants grovel with apology videos and retraction statements would be the third funniest.

Funniest timeline is one defendant settles, throws the others under the bus, and it goes to trial only for the rest of them to be legally declared liars. Meanwhile any kind of alliance fractures and we get to see them cannibalize each other while pointing fingers.

 

[AStupidMonkey]

It's up to Vic.

And while a trial followed by a jury declaring the defendants to be legally liars would be the second funniest timeline, an alternate reality where the defendants grovel with apology videos and retraction statements would be the third funniest.

Funniest timeline is one defendant settles, throws the others under the bus, and it goes to trial only for the rest of them to be legally declared liars. Meanwhile any kind of alliance fractures and we get to see them cannibalize each other while pointing fingers.

It'd be funny, but I assume it's more likely: if one of them settles, all of them settle. Imagine defending this shit-show on TWO fronts with only ONE ally (assuming MoRon/LemonFuhrer are one unit.)

LawTwitter says we're against their case. But I, for one, stand in solidarity that they all stick together in these trying times! No, REALLY, I do! Please believe me!

 

[Dumb Bitch Smoothie]

It'd be funny, but I assume it's more likely: if one of them settles, all of them settle. Imagine defending this shit-show on TWO fronts with only ONE ally (assuming MoRon/LemonFuhrer are one unit.)

LawTwitter says we're against their case. But I, for one, stand in solidarity that they all stick together in these trying times! No, REALLY, I do! Please believe me!

I think Jamie is the only one who wouldn't settle at this point. Johnson isn't gonna do her wrong as far as defending her goes but because of that she's gonna see that as an opportunity to make them both look like clowns.

 

[AStupidMonkey]

I think Jamie is the only one who wouldn't settle at this point. Johnson isn't gonna do her wrong as far as defending her goes but because of that she's gonna see that as an opportunity to make them both look like clowns.

It can already be shown that Jamie lies. Fruit of poisonous tree. It can already be shown that Jamie's malicious. Let's call this "head and severed nuts." Marchie is going to have to take a shot to the gut, or stay entangled.

And if the CoA judges just immediately cut her loose, it won't be a huge loss.

Now is not the time to be offering compromises that will never, ever, EVER be reciprocated.

EDIT: and anything she offers in-exchange for settlement directly implicates her in the conspiracy/TI charges. AND makes it worse for every other defendant. Whom she's probably tortiously conspiring with, let's say.

So is Vic, Ty, et al going to give her immunity in exchange for not incriminating her probable conspirators? She had better damned well give them SOMEthing to make it worthwhile to give her an easy out.

 

[DragoonSierra]

You're talking about a company that intentionally infected its customers' computers with rootkits, and had their CEO go on the radio and say they shouldn't care because "most of them dont even know what a rootkit is." Two things they dont care about are PR, and their customers.

They care about money and if Funimation is losing money and cant meet thier targets for the merger then Sony will throw a fit.

It's political suicide either way, when people are sick and tired of Puritans it's gonna blow up in their faces like no other. Them calling it quits right now is a quick and immediate end to them and they dont like anything that's upfront and honest. It's what made the Quartering's victory so satisfying exactly because he forced his attacker to settle and then apologize.

We know that they've come too far because they've destroyed their chances of redemption, so they can continue to drag this on for as long as they want, the only thing it will do is make more people see what clowns they are, lose monkey while Vic's GFM will sustain him and have the farms laugh at them for their deluded and spiteful attempt to destroy a man because they are jealous bitches.

Thing is no one who was in the Quarterings corner gave a shit about the tranny once she apologized. I dunno what the comicsgate crowd thought of it but we could possibly look at the results of that lawsuit and possibly predict the fallout of a settlement.

It's also worth pointing out that, simply put, there could be things that come out during discovery that could be significantly more harmful to Funimation than admitting wrongdoing in this case. It may well be a decision between getting cancelled by twitter feminists that won't do much to the bottom line, or dragging the company into an IRS investigation. Sure, you might get fired for the former, but you'll definitely get fired for the latter.

You could say the same for Ron and Monica. Its likely that Ron and Monica committed more TI than what we know. If it exists then all of that could potentially come out in discovery. Settling for the TI that Vic knows about is better than letting it go to discovery and them finding more.

They also could have conspired with more people to defame Vic and those people could have committed TI as well. What would all of those people think if they were suddenly brought into a lawsuit due to Monica convincing them to commit TI? Hell they may actually still believe her but they would be in a lawsuit due to them. And if Ty gets to subpoena all the cons that cancelled Vic then all of the people who committed TI is going to come out. Settling would prevent that.

I also think Ron has a huge fucking issue with his sponsorship offer. If Slatosh gets deposed and confirms that that could bring in Rons employer.

This is all of course assuming that discovery will shred thier credibility in the eyes of twitter and thier friends in addition to all this happening. To the layman its obvious they lied. But to the woke crowd and MoRons friends? They are going to be hard to convince.

And more importantly do MoRon and Jamie or thier attorneys have the foresight and introspection to see this as a possible outcome.

I think Jamie is the only one who wouldn't settle at this point. Johnson isn't gonna do her wrong as far as defending her goes but because of that she's gonna see that as an opportunity to make them both look like clowns.

Again that depends on how much foresight she has and how much she wants to "ride or die" with Monica. Misery does love company.

 

[AStupidMonkey]

They also could have conspired with more people to defame Vic and those people could have committed TI as well. What would all of those people think if they were suddenly brought into a lawsuit due to Monica convincing them to commit TI? Hell they may actually still believe her but they would be in a lawsuit due to them. And if Ty gets to subpoena all the cons that cancelled Vic then all of the people who committed TI is going to come out. Settling would prevent that.

Which will only shake out if the discovery goes further. Don't get me wrong. Settlement would be great. It'd have been great 6 months ago. It's almost like some kind soul warned them back then that "the first to settle would settle best."

But Nick's never right, so...

Again that depends on how much foresight she has and how much she wants to "ride or die" with Monica. Misery does love company.

Seems like she has 2 options:

1. continue dying on the same hill, not getting owned, as she slowly shrinks into a corn-cob.

2. bleed herself dry riding the line of "innocent and uninvolved."

There's a third option, but she'd be shooting herself in BOTH her feet, then pleading for mercy due to her impending handicap.

 

[DragoonSierra]

So is Vic, Ty, et al going to give her immunity in exchange for not incriminating her probable conspirators? She had better damned well give them SOMEthing to make it worthwhile to give her an easy out.

Depends on what her discovery liability is. She had that discord server and I bet theres some juicy stuff there. Do we know if she started that server herself? If she did that could increase her liability of anything that went on there. How much TI she committed could also factor into it.

Jamie and MoRon are probably going to coordinate defenses. If thats the case Johnson might be the sole voice of reason out of that entire bunch and he might be able to make the case of how bad it could get to MoRon too.

Im willing to bet money on this: If one of them settles or decides not to then so will the other.

 

[MadPanda]

Guys I may be raining on peoples parade, but the settlement discussion is a bit weird right now. I mean I know the law fucks, shoe eater, and lemonaids have taken a nice L here from CoA denying the motion to dismiss, but this does have to get past appeals before they will even consider settlement. To stay on topic though and not be that guy, I would say that cooperating now for almost any of them may be preferred for them if they are afraid of the CoA overturning the dismissal. It would definitely get much more expensive to settle if the CoA overturns it now.

Of course they are all convinced the CoA will keep the ruling and maybe they will, but what I will say is that even if the ruling stays, the fees that chupp set could also be appealed. This could easily lead to more legal fees for the defense(and plaintiff), but plaintiff was prepared to go as far as they can and then there is still the GFM.

 

[AnOminous]

It'd be political suicide to go back on months of narrative indicating that Vic deserved to be destroyed and that all the things said about him were true.

That may apply to Funi but look at all the political suicide they already committed. All it would take would be swallowing their pride, which they have a lot of and they're going to be forced to swallow it anyway, the dumb motherfuckers.

 

[DragoonSierra]

Guys I may be raining on peoples parade, but the settlement discussion is a bit weird right now. I mean I know the law fucks, shoe eater, and lemonaids have taken a nice L here from CoA denying the motion to dismiss, but this does have to get past appeals before they will even consider settlement. To stay on topic though and not be that guy, I would say that cooperating now for almost any of them may be preferred for them if they are afraid of the CoA overturning the dismissal. It would definitely get much more expensive to settle if the CoA overturns it now.

Of course they are all convinced the CoA will keep the ruling and maybe they will, but what I will say is that even if the ruling stays, the fees that chupp set could also be appealed. This could easily lead to more legal fees for the defense(and plaintiff), but plaintiff was prepared to go as far as they can and then there is still the GFM.

If you can get that transcript released faster then by all means. But until then theres nothing to do but speculate.

 

[HighwayStar]

That may apply to Funi but look at all the political suicide they already committed. All it would take would be swallowing their pride, which they have a lot of and they're going to be forced to swallow it anyway, the dumb motherfuckers.

And this is why they should’ve settled earlier this year, because now they’ve reached a point where no matter the outcome, they still look like shit. If they apologize, then they lied to the public over the allegations. If they don’t, they’re just another soulless corporation that destroyed a man because they didn’t like him.

 

[MadPanda]

If you can get that transcript released faster then by all means. But until then theres nothing to do but speculate.

Honestly what I would really like to know is why there is no ETA at this point. If this is longer than usual because there was more to cover, the holidays, short staffed, Tina was murdered, it would just be nice to know what is going on.

 

[Dumb Bitch Smoothie]

Honestly what I would really like to know is why there is no ETA at this point. If this is longer than usual because there was more to cover, the holidays, short staffed, Tina was murdered, it would just be nice to know what is going on.

At this point I'm convinced the transcripts went to the same place Monica and Ron's "truth" went.
The same place Shane's evidence went, too.

But not the place where Emmett Plant's affidavit came from, because there is no veil of unknown over that thing. It was a lie and he knowingly committed perjury for asspats.

 

[Elric of Melnibone]

To everyone saying that Sony will make Funi settle you should consider this. Sony is a multibilion dollar international company ran by humanoid sharks in milion dollar suits. They have far more resources to just let this drag out for years and years, and probably are just as content to sit on their hands and not put their finger on the scale either way. They do not care who is right or wrong, they realize that making a statement that supports or goes against either side will cause them to possibly take a hit. From their perspective, they probably just want to ignore it to try to grift both sides for dollery doos. And if they have been paying any attention to Nick who has been telling ISWV to support these conventions that have Vic and not to cause a scene for these others, they would probably see that as "if we just dont make a move one way or another people will still buy our stuff". Now I am not saying that will work or that it makes sense, but it is a distinct possibility. They do not care about what is moral, right, or ethical, they just care about getting as much cold hard cash as possible. And picking a side between the Hatfields and McCoys would mean that they have to alienate one side of the market over the other. On the other hand, if they see that one side offers significantly more profit margins than the other, they will orbital nuke the other side without remorse; but that would require an overwhelming lead off, like %80+ theoretically.