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NEWS: Funimation Files Response to Vic Mignogna's Lawsuit


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Noggy



Joined: 24 Apr 2006
Posts: 88
PostPosted: Wed Jun 12, 2019 5:28 pm Reply with quote
unready wrote:
By asserting affirmative defenses, though, Funimation stipulates that it did everything Mignogna accuses it of doing, but says it's still not at fault. Seriously, Funimation's lawyers are going at this like it's slam-dunk easy. It might actually be easy, but in the meantime, holy cow, their balls are HUGE.



The defense has to make the plaintiff aware of any and all defenses they can and may use, even if they seemingly are at odds with each other. For example, saying I didn't do this this and also saying Even if I did, I was legally justified is not an admission that you did what you are accused of. It just means the plaintiff has to both prove that it happened and only after that does the question of justification come up.


A lot of the things brought up aren't affirmatives defenses but rather things that the defendants claim Vic still has to prove.
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Scion Drake



Joined: 25 Nov 2017
Posts: 946
PostPosted: Wed Jun 12, 2019 5:53 pm Reply with quote
BearSensei wrote:
Man i really want Vic's case to be done already. I can't wait till he win's this court case also very happy cons are actually bringing him back on. I don't know why it takes so long we all know Vic is gonna win. Excited for the day he wins and i wonder what excuses the people who tried to ruin his life will say.


He ain’t winning crap.

Maybe he might strike a deal & settle for a monetary offering that is way low his original price of a million dollars but that is in no way a sign or any indication that he might win.

Let today be the day reality slaps you with some sense. He will not win and most people will agree that his chances of winning this with the original intent is very low.


Last edited by Scion Drake on Wed Jun 12, 2019 5:58 pm; edited 1 time in total
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Ashley Hakker



Joined: 31 Aug 2016
Posts: 115
PostPosted: Wed Jun 12, 2019 5:53 pm Reply with quote
[quote="Vaisaga"]
#879773 wrote:
I'd agree that Funimation probably doesn't belong in the defamation suit. They haven't been out on Twitter bad mouthing him whenever possible like the other people named. Funi should get hit with wrongful termination or something, since they fired him over a jelly bean.


1) Funimation is in the suit because it has money. The rest of the individuals are voice actors and, let's be honest, non-union voice actors in the anime industry are not well paid. Even if Vic won on all counts, his payday would spend eternity in collections at best because the defendants couldn't pay it. Worse yet if the plaintiffs wind up filing for bankruptcy.

2) Funimation never terminated Vic. All the voice actors are independent contractors, they can not be 'terminated' and thus not be 'wrongfully terminated'. (Yeah, anime VA, kinda a shit career in some respects) He was never actually 'fired' in the real sense of employment law, he was kicked to a curb by a company who announced their refusal to offer him future contracts, which is VERY different from getting fired. From the filings, it appears that there were no ONGOING contracts when the relationship was ended so breach of contract isn't even on the table.
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Noggy



Joined: 24 Apr 2006
Posts: 88
PostPosted: Wed Jun 12, 2019 5:59 pm Reply with quote
Ashley Hakker wrote:
2) Funimation never terminated Vic. All the voice actors are independent contractors, they can not be 'terminated' and thus not be 'wrongfully terminated'. (Yeah, anime VA, kinda a shit career in some respects) He was never actually 'fired' in the real sense of employment law, he was kicked to a curb by a company who announced their refusal to offer him future contracts, which is VERY different from getting fired. From the filings, it appears that there were no ONGOING contracts when the relationship was ended so breach of contract isn't even on the table.



Right, if Vic had even a vague justification for wrongful termination, it would have been included in this lawsuit and probably an easier claim to prove than any of the things he is actually suing for.

But independent contractors, especially in a very pro-business state like Texas, don't have many legal protections.
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Aki_Leaves



Joined: 05 Sep 2013
Posts: 61
PostPosted: Wed Jun 12, 2019 6:02 pm Reply with quote
myskaros wrote:
Aki_Leaves wrote:
(but this is a gendered issue, this simply does not happen with gender roles reversed to any notable extent)

  • She shouldn't act like that if she didn't want sex.
  • She shouldn't wear that if she didn't want sex.
  • She shouldn't be in that part of town if she didn't want to be assaulted.
  • She shouldn't have gotten drunk if she didn't want to be assaulted.
  • She should have fought back harder.

Sorry, what?


I mean that it doesn't generally happen that men will attempt to ruin the lives/careers of women with accusations of sexual assault, etc...

They may attempt to ruin womens' lives in other ways, however.

Not really sure what point you're trying to make? I'm guessing you just misinterpreted the text you quoted, which is my bad if I didn't make it clear.


Last edited by Aki_Leaves on Wed Jun 12, 2019 6:05 pm; edited 1 time in total
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Vaisaga



Joined: 07 Oct 2011
Posts: 13230
PostPosted: Wed Jun 12, 2019 6:03 pm Reply with quote
Ashley Hakker wrote:
From the filings, it appears that there were no ONGOING contracts when the relationship was ended so breach of contract isn't even on the table.


Didn't he have one for Morose Monokean or whatever that show was?
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Alestal



Joined: 22 Apr 2005
Posts: 605
Location: Dallas, Texas
PostPosted: Wed Jun 12, 2019 6:03 pm Reply with quote
Ashley Hakker wrote:

1) Funimation is in the suit because it has money. The rest of the individuals are voice actors and, let's be honest, non-union voice actors in the anime industry are not well paid. Even if Vic won on all counts, his payday would spend eternity in collections at best because the defendants couldn't pay it. Worse yet if the plaintiffs wind up filing for bankruptcy.

2) Funimation never terminated Vic. All the voice actors are independent contractors, they can not be 'terminated' and thus not be 'wrongfully terminated'. (Yeah, anime VA, kinda a shit career in some respects) He was never actually 'fired' in the real sense of employment law, he was kicked to a curb by a company who announced their refusal to offer him future contracts, which is VERY different from getting fired. From the filings, it appears that there were no ONGOING contracts when the relationship was ended so breach of contract isn't even on the table.


Most of your statements are very accurate. However, Funimation is being sued for defamation which resulted in a loss of income. They also recast him in ongoing shows. I'll have to ask my Funimation VA friend how they contract her jobs, but I'd think that the company issues them a "work order" for each show they are cast in. (I do business with a lot of contractors)
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yurigasaki



Joined: 06 Apr 2015
Posts: 192
PostPosted: Wed Jun 12, 2019 6:03 pm Reply with quote
funimation really wants this clown hung out to dry and i'm living for it. holy shit.
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Joe Mello



Joined: 31 May 2004
Posts: 2271
Location: Online Terminal
PostPosted: Wed Jun 12, 2019 6:06 pm Reply with quote
I don't care who you are or what side of the issue you're on, but "Defendant is not liable to the Plaintiff because Defendant's statements were true" has to be the sickest legal burn imaginable.
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Ashley Hakker



Joined: 31 Aug 2016
Posts: 115
PostPosted: Wed Jun 12, 2019 6:08 pm Reply with quote
Alestal wrote:
They also recast him in ongoing shows. I'll have to ask my Funimation VA friend how they contract her jobs, but I'd think that the company issues them a "work order" for each show they are cast in. (I do business with a lot of contractors)


It's important to note that, because his legal team is not suing for beach of contract, the read would be either that no contract was broken OR Vic's legal team does't CARE about that. The later would be a bit odd.

If there was an on-going contract for the entire season rather than an episode per episode basis, and there is no claim of breach of contact, a reasonable guess would be (Keep in mind I'm saying 'GUESS') that Funimation simply paid the contract out.

If I hire you to landscape my lawn the entire summer, then decide in June I don't want you to do it anymore but we have a contract together, so long as I PAY you what is in the terms of the contract, we have no legal problem. You got paid without even needing to do the labor and can make no claims.
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Firefly251



Joined: 14 Jul 2018
Posts: 355
PostPosted: Wed Jun 12, 2019 6:15 pm Reply with quote
i just wish the people who love the characters the VA's vocie didn't get screwed by these problems. (true or not)


RWBY will literally not be the same when someone else vocies Qrow.

The dude's vocie was the PERFECT fit for the character :/ (and this goes for other va's in past.


Let the legal stuff happen ebhind scenes and onlyu after a court says guilty or not make it public and pass punishments Neutral
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Vaisaga



Joined: 07 Oct 2011
Posts: 13230
PostPosted: Wed Jun 12, 2019 6:16 pm Reply with quote
Ashley Hakker wrote:
It's important to note that, because his legal team is not suing for beach of contract, the read would be either that no contract was broken OR Vic's legal team does't CARE about that. The later would be a bit odd.


Actually the latter is more likely. Vic and his team's primary objective is to prove that his accusers were lying in an attempt to repair his reputation.
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CelestialEmpress



Joined: 01 Jun 2011
Posts: 113
PostPosted: Wed Jun 12, 2019 6:19 pm Reply with quote
Quote:
Mignogna is seeking "monetary relief over $1,000,000.00" in part due to Funimation no longer contracting him for future productions, as well as conventions canceling his appearances.

Somebody wanna tell McNuggets that conventions aren't actually obligated to invite him to anything? Even if you disregard all the sexual harassment, he's still got a serious reputation for being a pain in the ass as a guest and treating cons like his own personal playground. Eventually he'd wear out his welcome from that alone, and enough events would decide he's not worth the trouble.
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Ashley Hakker



Joined: 31 Aug 2016
Posts: 115
PostPosted: Wed Jun 12, 2019 6:22 pm Reply with quote
Firefly251 wrote:
i just wish the people who love the characters the VA's vocie didn't get screwed by these problems. (true or not)


Welcome to anime, Char Aznable has five English voice Actors, Usagi Tsukino and Sakura Kinimoto each have four respectively, and halfway through Maison Ikkoku, Godai turns into Quatre from Gundam wing. If you want consistent voice castings, watch it in Japanese.

...Unless you like Fruits Basket.
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Alestal



Joined: 22 Apr 2005
Posts: 605
Location: Dallas, Texas
PostPosted: Wed Jun 12, 2019 6:28 pm Reply with quote
Ashley Hakker wrote:

It's important to note that, because his legal team is not suing for beach of contract, the read would be either that no contract was broken OR Vic's legal team does't CARE about that. The later would be a bit odd.

If there was an on-going contract for the entire season rather than an episode per episode basis, and there is no claim of breach of contact, a reasonable guess would be (Keep in mind I'm saying 'GUESS') that Funimation simply paid the contract out.

If I hire you to landscape my lawn the entire summer, then decide in June I don't want you to do it anymore but we have a contract together, so long as I PAY you what is in the terms of the contract, we have no legal problem. You got paid without even needing to do the labor and can make no claims.


Well, I do know that they are paid on an hourly basis and that even if the come in to record for 5 minutes they get paid for one hours worth of work. Because production schedules can be rather finicky, they are basically always on call. I'd think that it'd be difficult to determine an exact dollar figure for a single show, but perhaps they agreed on an amount.

Heck, he may even have had them agree to completely separate agreements using his terms but cannot disclose that because of the confidentiality clauses.
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