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

That's kinda my feeling, as well. I'm not sorry for a second there was a case, or that I contributed to the GFM. I had fun shitposting with you all. I just wish better tactics and lawyering was involved.
Onto new adventures, right? We'll have plenty of insanity to witness under the Weeb Wars banner in the nuclear fallout era.
 
In footnote 17 on page 24 and 25, the Court of Appeals writes about the Van Der Linden vs Khan TCPA burden. Chief Justice Bonnie Sudderth also wrote the opinion on that case. The general idea is that if you have a conversation in private and the other party claims you said something that you declare you didn't, you logically have an argument for meeting the burden on falsity because only you and they know what really happened. This was something that a lot of people discussed as a potential hopeful appeal point.

It looks like Vic got hammered on this both because of an expanded comment in his deposition ("If I did [grab her hair]...") that the court considered as his speculation of events when a simple "no" to something like "Did you grab her hair?" might have saved it, and because his affidavit where he denied doing it was withdrawn and the second amended petition was not considered due to procedural issues with it. As there was nothing entered into evidence where he explicitly denied doing it, the Court of Appeals did not find that a false statement of fact was published.

Shenanigans with the second amended petition aside, does anyone remember why he withdrew his affidavit?
 
In footnote 17 on page 24 and 25, the Court of Appeals writes about the Van Der Linden vs Khan TCPA burden. Chief Justice Bonnie Sudderth also wrote the opinion on that case. The general idea is that if you have a conversation in private and the other party claims you said something that you declare you didn't, you logically have an argument for meeting the burden on falsity because only you and they know what really happened. This was something that a lot of people discussed as a potential hopeful appeal point.

It looks like Vic got hammered on this both because of an expanded comment in his deposition ("If I did [grab her hair]...") that the court considered as his speculation of events when a simple "no" to something like "Did you grab her hair?" might have saved it, and because his affidavit where he denied doing it was withdrawn and the second amended petition was not considered due to procedural issues with it. As there was nothing entered into evidence where he explicitly denied doing it, the Court of Appeals did not find that a false statement of fact was published.

Shenanigans with the second amended petition aside, does anyone remember why he withdrew his affidavit?
Ty notarised them by phone. Notarisation by phone is not allowed. Therefore, they were invalid and needed to be withdrawn.

Honestly this part is the most baffling for me. How does someone with as much experience as Ty not know the procedure for notarising a document in his own state?
 
What a clown show. If I were Vic, I'd cut my losses, and maybe have some words with Ty, especially if the gfm doesn't cover the costs at present.

My impression of Ty, post trial, is he's more contract / transaction law guy than pounding the halls of justice. Not preserving objections, just wtf...
 

Have fun! He lost again on all counts. The appellate court affirmed Chupp's judgement on all except how much money Monica and Ron are getting. They were supposed to get more, so that is being returned to the lower courts.

Vic is responsible for all costs incurred by the appeal.
How much money was extracted from weeaboos and later flushed down the drain? Not enough I reckon. Got some funny deposition videos out of it tho
 
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Yea it sucks for Vic and all but you guys gotta not get too invested in one person. We are here to laugh. It kinda sucks. Yea. but there is humor to be found in this.
Not really. This was a #metoo dogpile on a man whose biggest transgression was cheating on redheads named Tiffany and being a pussy fiend on the DL. He was summarily cut out from his industry and disgraced with rape accusations-- all more than dubious, especially the one from a woman who changed her story three times (the first and third iterations not detailing any sexual assault and the second detailing an assault that can be summarily disproven by reviewing seismic activity in the area at the time). To make things even less funny, he was being dogpiled by weeaboos who were irate he was an avowed Christian who wouldn't sign their gay shota fanart-- not to be outdone by many of those who defended him, either genuinely or as a grift. All of this would push the average victim into an early grave (Vic's deposition revealed his mental wellbeing took a nosedive in the wake of his betrayal) and those conspiring against him either intended that or didn't care either way.

The clearest way to exonerate his image wasn't through forcing everyone bothering to eyeball the controversy to peruse autistically and messily catalogued events à la Clockwork Orange, but by charging his accusers with libel and winning. And it turned out that he lost because he hired a law firm at someone else's recommendation that very likely wasn't taking this seriously enough, and that law firm ended up producing what is likely its shoddiest work to date-- all in a court case marred by nearly every other party being nearly as bad (but not just as, because they won), aggrieved parties using the legal process to commit protected libel, and a judge who was probably drinking the entire time partly because of pre-existing habit but also out of a failure to cope with the unmitigated autism unfolding in front of him for months. His libelers even tried bringing this to the attention of people outside the niche.

The worst part of his loss isn't even that it wasn't based on fact finding per se, or that the dismissal represents the idea that he went after his defendants to prevent them from exercising their freedom of speech (to call him a rapist without evidence)-- it's that it's regardless going to be taken as a vindication of the libel of the defendants, and his detractors will have virtually free reign to call him a racist, rapist pedophile. All the while, he's stuck with hundreds of thousands of dollars in liens, and any public opinion defense of his image is going to be undertaken sporadically by mostly unthinking fanboys and fangirls likely shook by these results-- which can only degrade discourse further and render his reputation even more murky.

Right now, I can't even tell what it means for the job opportunity he recently obtained, or his career as a whole.
 
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How much money was extracted from weeaboos and later flushed down the drain? Not enough I reckon. Got some funny deposition videos out of it tho

291k. Dollars, not pesos.
 
That's kinda my feeling, as well. I'm not sorry for a second there was a case, or that I contributed to the GFM. I had fun shitposting with you all. I just wish better tactics and lawyering was involved.
At least you didn't die of whatever Ebolaids you had and got to see the end to this lawsuit.

I'll still l remember it was your post showing Ty's "We Will Be In Touch" tweet that got me out of lurk mode here.

Ty notarised them by phone. Notarisation by phone is not allowed. Therefore, they were invalid and needed to be withdrawn.

Honestly this part is the most baffling for me. How does someone with as much experience as Ty not know the procedure for notarising a document in his own state?
If I remember, special types of notaries can perform remote notarizations in Texas.

The charitable possibility is that Ty mistook this and thought all licensed notaries could remote notarize.

The less charitable reading is that Ty was late'n'gay and he was just using that as an excuse.

It's starting to look like the latter.
 
At least you didn't die of whatever Ebolaids you had and got to see the end to this lawsuit.

I'll still l remember it was your post showing Ty's "We Will Be In Touch" tweet that got me out of lurk mode here.


If I remember, special types of notaries can perform remote notarizations in Texas.

The charitable possibility is that Ty mistook this and thought all licensed notaries could remote notarize.

The less charitable reading is that Ty was late'n'gay and he was just using that as an excuse.

It's starting to look like the latter.
I believe he submitted and then withdrew them upon realising he could not notarise remotely. Still not an excusable error for a lawyer working on a six-figure case though.
 
Disappointed but not surprised.

As Andrew Branca says, appeals are for losers. Speaking of, we need Ty and Branca on stream to remind him of that fact, even as an aside.
 
I believe he submitted and then withdrew them upon realising he could not notarise remotely. Still not an excusable error for a lawyer working on a six-figure case though.
He submitted them, then withdrew them once opposing counsel made note of it. If I remember, Sam Johnson first noticed it, poked Lemwaaah, and let Lemwaaah do all the motion work. He then signed his name onto it. So he basically get another lawyer to do his work for him and kept his client's costs down, which is commendable.

I don't care what Ty did or did not fuck up. This decision just effectively legalized lying about people to ruin their lives, at least in Texas. What a fucktarded decision. Ty might be Ty but Chupp is still Chupp.

So do we know why this decision took so fucking long now?
I dunno. Not really.

Looking at previous TCPA decisions (notably Miller v. Schupp) you can still prevail against a TCPA as a defamation plaintiff... if you don't fuck up. And as the 2DCOA points out several time, Ty Beard fucked up.
 
Onto new adventures, right? We'll have plenty of insanity to witness under the Weeb Wars banner in the nuclear fallout era.
Ever since emspex convinced Null to open the WW subforum, I speculated what was gonna happen to WW post-Vic lawsuit. Because it was always gonna end... one way or another. Now I find myself revisiting that question. I kinda assumed various anime topics were gonna supplant the emphasis on Vic. There's plenty of anime related lolcows to laugh at outside of Vic's alogs.

But this is probably the wrong thread to have that discussion. I'll take it to the WW meta (if we have one... I forget... LOL).

How much money was extracted from weeaboos and later flushed down the drain? Not enough I reckon. Got some funny deposition videos out of it tho
$291.370. Exactly.

But I'm pretty sure, when the dust clears, the general consensus is gonna be that the amount is immaterial because of Ty. Ty could have had a gorillion dollars, and it wouldn't have changed the outcome. This came down to legal competence. Not finances.

I'll still l remember it was your post showing Ty's "We Will Be In Touch" tweet that got me out of lurk mode here.
Fun times.

Also, I fondly recall the "justice boner."

Again. I regret nothing. They can't retroactively reclaim their salt. Hoes were and always will be mad there even was a case filed in the first place. Vic was "supposed" to roll over and die back in 2019.
 
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