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NEWS: Funimation Files Anti-SLAPP Motion to Dismiss Vic Mignogna's Lawsuit


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Mad_Scientist
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Joined: 08 Apr 2008
Posts: 3011
PostPosted: Wed Jul 03, 2019 7:32 pm Reply with quote
Olliff wrote:


However,with the tortuous inference with a contract part of the lawsuit, there is a better chance. Some of the earlier articles made it very clear that other defendants persuaded others to break their contract with Vic when they called conventions, and this has come out in court.


Here's the thing though: tortuous interference requires a tort. They can't just show that the defendants interfered with a contract, it has to be *tortuous* interference, it has to involve a wrongful act. This, if there is no defamation, there can be no tortuous interference.

EDIT: A post was made while I was making my post I'd like to address.

ZiharkXVI wrote:
Just as a recommendation to ANN in publishing this as a story...it isn't one. Wait until the judge decides what to do with said motion.

*snip*

Just a thought when I read the warning post. It would cut down on all the people creating accounts just to blow up the topic with opinions since these topics invite speculation.


You make some fair points, however, one thing I'd like to point out is that the news staff and the moderators are separate people, and the news staff don't consult the mods before deciding if something is newsworthy. This is a good thing.

Yes, moderating the Vic threads is often extremely frustrating. But the last thing I want is for the news staff, when deciding what to report and whether it newsworthy, thinking "well will this blow up the forums?" I don't want them killing stories because they're concerned about bad faith burner accounts. The trolls are annoying, but they can't be allowed to dictate what ANN does or doesn't report on.

As for me personally, yeah, I probably would have waited to report on this till either the judge ruled on the motion, or at least till all the defendants filed Anti-SLAPP motions and/or passed the deadline for filing them. But then again, I'm not a news reporter, so take that with a grain of salt.
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xBTAx



Joined: 05 Mar 2010
Posts: 189
PostPosted: Wed Jul 03, 2019 7:54 pm Reply with quote
Mad_Scientist wrote:
Olliff wrote:


However,with the tortuous inference with a contract part of the lawsuit, there is a better chance. Some of the earlier articles made it very clear that other defendants persuaded others to break their contract with Vic when they called conventions, and this has come out in court.


Here's the thing though: tortuous interference requires a tort. They can't just show that the defendants interfered with a contract, it has to be *tortuous* interference, it has to involve a wrongful act. This, if there is no defamation, there can be no tortuous interference.

EDIT: A post was made while I was making my post I'd like to address.

ZiharkXVI wrote:
Just as a recommendation to ANN in publishing this as a story...it isn't one. Wait until the judge decides what to do with said motion.

*snip*

Just a thought when I read the warning post. It would cut down on all the people creating accounts just to blow up the topic with opinions since these topics invite speculation.


You make some fair points, however, one thing I'd like to point out is that the news staff and the moderators are separate people, and the news staff don't consult the mods before deciding if something is newsworthy. This is a good thing.

Yes, moderating the Vic threads is often extremely frustrating. But the last thing I want is for the news staff, when deciding what to report and whether it newsworthy, thinking "well will this blow up the forums?" I don't want them killing stories because they're concerned about bad faith burner accounts. The trolls are annoying, but they can't be allowed to dictate what ANN does or doesn't report on.

As for me personally, yeah, I probably would have waited to report on this till either the judge ruled on the motion, or at least till all the defendants filed Anti-SLAPP motions and/or passed the deadline for filing them. But then again, I'm not a news reporter, so take that with a grain of salt.


I will also again say that, to my understanding, Vic’s lawyers haven’t even provided the contract that was supposedly interfered with to begin with. For all the claims about the defendants avoiding providing evidence, it’s the plaintiff’s side that’s seemingly had a lot more trouble.
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Ashen Phoenix



Joined: 21 Jun 2006
Posts: 2914
PostPosted: Wed Jul 03, 2019 8:03 pm Reply with quote
Holy cow. I came here expecting a circus and I was not disappointed. Except, y'know, in parts of humanity.

Sexual misconduct, assault, and harassment are serious crimes and ought to be taken seriously, instead of blindly espousing a man's innocence because you like the roles he's played or he made you feel noticed as a tween.

I am damn sick and tired of men with any semblance of power not being taken to task for preying on people who trusted them. YES, IT'S DISAPPOINTING. IT'S SADDENING. But not wanting something to be true and it not being true are two entirely separate things.

Defenders of the accused seem to forget that the people who doing the accusing opened themselves up to untold depths of public ridicule and threats to themselves and their loved ones, both professionally and personally. You think ANYONE would subject themselves to that level of vitriol, up to and including doxing, swatting, and the systematic onslaught of hateful words on social media, all to "get back at" or "frame" someone? The same excuses have been made for the Cowsbies and Weinsteins of this world.
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ZiharkXVI



Joined: 29 Jan 2009
Posts: 366
PostPosted: Wed Jul 03, 2019 8:12 pm Reply with quote
Mad_Scientist wrote:
Olliff wrote:


However,with the tortuous inference with a contract part of the lawsuit, there is a better chance. Some of the earlier articles made it very clear that other defendants persuaded others to break their contract with Vic when they called conventions, and this has come out in court.


Here's the thing though: tortuous interference requires a tort. They can't just show that the defendants interfered with a contract, it has to be *tortuous* interference, it has to involve a wrongful act. This, if there is no defamation, there can be no tortuous interference.

EDIT: A post was made while I was making my post I'd like to address.

ZiharkXVI wrote:
Just as a recommendation to ANN in publishing this as a story...it isn't one. Wait until the judge decides what to do with said motion.

*snip*

Just a thought when I read the warning post. It would cut down on all the people creating accounts just to blow up the topic with opinions since these topics invite speculation.


You make some fair points, however, one thing I'd like to point out is that the news staff and the moderators are separate people, and the news staff don't consult the mods before deciding if something is newsworthy. This is a good thing.

Yes, moderating the Vic threads is often extremely frustrating. But the last thing I want is for the news staff, when deciding what to report and whether it newsworthy, thinking "well will this blow up the forums?" I don't want them killing stories because they're concerned about bad faith burner accounts. The trolls are annoying, but they can't be allowed to dictate what ANN does or doesn't report on.

As for me personally, yeah, I probably would have waited to report on this till either the judge ruled on the motion, or at least till all the defendants filed Anti-SLAPP motions and/or passed the deadline for filing them. But then again, I'm not a news reporter, so take that with a grain of salt.


My overall point was that this wasn't really news. I dont know if the news staff plans on running a story with every last document filed, but my followup point was that if they limited reporting to things of actual consequence (i.e. did the judge dismiss the case), you as mods could save yourself a lot of time. Lawsuits are notoriously lengthy and if we get every motion, this topic will be back many times over. I know that's not your call, so I'm not blaming anyone. Those were just my thoughts reading this article. I've been where you were as a mod and I agree, trolls shouldn't dictate content.
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Commander Cluck



Joined: 02 May 2019
Posts: 123
PostPosted: Wed Jul 03, 2019 8:26 pm Reply with quote
Utsuro no Hako wrote:
Sony's taking the position that every part of this lawsuit is BS. That includes the charge that Rial and Toye were acting as agents of Funimation when they trashtalked Mignogna. The lawyers are just being thorough, same as when they argue Mignogna's a limited-purpose public figure right after arguing he's a staight-up public figure.


I'm aware, I just found the implications from statements like "there is no legal or factual basis for Funimation to be held responsible for co-defendants's behavior and actions against Mignogna or his fans on social media" a bit curt. And how Funimation cites a bunch of tweets to show how Vic is a public figure, but for some reason uses a bunch of tweets that portray Vic in a positive light... right down to citing the ones of women upset their photos were being used without their consent by websites to spread lies. That seemed like an odd choice.

Utsuro no Hako wrote:
The allegations against Mignogna include bad behavior while he was working at Funi, and at cons where he was promoting Funi releases. That's completely different from saying Funi is responsible for what Rial says on her private Twitter account, or that Toye, who doesn't even work for Funi, is their agent.

If a company has a credible report that a contractor is harassing one of their employees, and they do nothing to fix it, they can be held accountable for subsequent wrongdoing.


Personal social media accounts are a myth. If you're employed or affiliated with someone, you always represent them in the public eye. At no point has "opinions stated are mine and not of my employers" or similar disclaimers on social media ever stopped someone from getting fired over their views or opinions if enough people make a big enough stink, or if the employer just doesn't like them. I'm not saying they're legally responsible, just that cancel culture will always consider companies responsible and give them the ultimatum.

Marzgurl wrote:
LOL, making a suggestion is attacking now, okay.


Suggest, express concern over, whatever people want to call it to try to downplay it I guess. This suggestion has been going for 6 months though.
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BodaciousSpacePirate
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Joined: 17 Apr 2015
Posts: 3018
PostPosted: Wed Jul 03, 2019 8:38 pm Reply with quote
Sam Hyde wrote:
It's hilarious how this is all based on anecdotal evidence from sources that constantly change their stories about how Vic supposedly harassed them. Where the hell is the evidence? What happened to "innocent until proven guilty"?


Funimation are the defendants here, "innocent until proven guilty" applies to them, not Vic.
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ZodiacBeast



Joined: 26 Jan 2010
Posts: 142
PostPosted: Wed Jul 03, 2019 8:49 pm Reply with quote
The number of times I've seen people say that Vic is "innocent until proven guilty" is ridiculous.

Vic's not even on trial, so there's no "innocent until proven guilty" for him in this case. The case is Vic suing others for alleged defamation and interference with his work chances. He's not currently being legally judged for any alleged misconduct. That could change if legitimate evidence is brought to light during the suit, but right now it's simply a financial spat.
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crazieanimefan1



Joined: 18 Feb 2015
Posts: 409
Location: Auburn, AL
PostPosted: Wed Jul 03, 2019 8:59 pm Reply with quote
Aresef wrote:
It's clear that Funimation took the allegations seriously and handled them with great care, sending the reports up the ladder to Sony, rather than Sony turning the screws on Funimation. It becomes ever clearer, too, Mignogna's lawyers are not competent.

As a member of the media myself (local media in Baltimore), I'm interested in the public figure aspect of this case. Funimation is making the case that since he is a public figure and leveraged his public presence both to address and repeat the allegations against him (without denying them), he has no claim here.

To the comments of other posters, they're not throwing the co-defendants under the bus, they're saying that the claims made regarding tweets by the co-defendants aren't Funimation's problem since none of those people were or are employees of Funimation, and none speak for Funimation.

I'm no longer in the prediction business, since I've been wrong too many times. But Funimation seems to have a good chance of getting its legal fees, and the co-defendants a good chance of prevailing at trial, if it even gets there. I just can't wait for us to be done with that pervert.


You took the words out of my mouth. I can't wait to see the end of this and him finally admit that yes, he couldn't keep his manhood in his pants and he was a pervert...instead of being total drama. Because that's all this is...one. BIG. Drama.
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AmpersandsUnited



Joined: 22 Mar 2012
Posts: 633
PostPosted: Wed Jul 03, 2019 9:02 pm Reply with quote
Psycho 101 wrote:
Let's just say this goes through. Let's just say that things are thrown out, he's up a creek, and in the end Vic is paying them at Funi to some degree for legal fees etc due to this suit. Let's just assume that for a second. Who's paying his fees? In part, fans who refuse to see the trees from the forest and donated to that gofundme for his legal fees. So in essence those same fans could in the end be paying, via their donations for his legal fees, the great evil funimation who cut ties with Vic. Ain't life grand?


I think you're being too cynical and schadenfreude about this. Vic raised almost $200,000 from thousands of fans and supporters because he's helped and loved by tons of people in this community, and they are more than willing to give back to him and support and believe in him in what is no doubt the biggest crisis in his life. He's helped numerous people through tough times in their lives, he's given them hours of entertainment, he's stayed at conventions after hours to ensure every single person who wanted to meet him can do so, he's visited hospitals when fans write to him saying they wish they could meet him but can't, he's sacrificed tons of his time and money to help as many people as he could throughout his career. He's affected the lives of thousands of people in a positive fashion, and even if he's guilty of absolutely everything he's being accused of, that can never be erased.

Even if the scenario you described happens, they still showed support for an actor they admire and believe in. And if nothing else, they were able to get him his day in court, which is what this was all about in the first place. And I don't think anyone, not even Vic himself, expected the anime community to come together and raise that kind of money and support for him in a way only he's able to achieve. Other people involved in this lawsuit have tried to start their own GoFundMe in response and have only received a few thousand dollars. Even with their fellow voice actors and Twitter friends promoting them, they can't rally the same kind of support Vic's fans did all on their own. That's a very powerful testament.

In addition to that, they rallied to get conventions to re-invite him and managed to secure him a successful 2019 convention track run and supported the conventions which stood by him. At the end of the day, Vic will have been better off filing the lawsuit and losing than never filing one to begin with. You can mock at people for having faith and believing in him if you want, but I don't think a single fan who supported him throughout this regrets their decision.
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BodaciousSpacePirate
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Joined: 17 Apr 2015
Posts: 3018
PostPosted: Wed Jul 03, 2019 9:29 pm Reply with quote
AmpersandsUnited wrote:
He's helped numerous people through tough times in their lives, he's given them hours of entertainment, he's stayed at conventions after hours to ensure every single person who wanted to meet him can do so, he's visited hospitals when fans write to him saying they wish they could meet him but can't, he's sacrificed tons of his time and money to help as many people as he could throughout his career. He's affected the lives of thousands of people in a positive fashion, and even if he's guilty of absolutely everything he's being accused of, that can never be erased.


Same was true of Scott Freeman, and I'm sure if Freeman had asked his fans for $200,000 to sue Funimation when they announced they had terminated their relationship with him back in 2015, his fans would have ponied up the money for him, too.

Kind of sad to think that as bad as Freeman was, at least he had the decency not to manipulate the emotions of his fans like that.

Edit: internet is being weird, and post submitted before I was done typing.


Last edited by BodaciousSpacePirate on Wed Jul 03, 2019 9:35 pm; edited 2 times in total
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MarzGurl



Joined: 22 Jul 2006
Posts: 142
Location: San Antonio, Texas
PostPosted: Wed Jul 03, 2019 9:30 pm Reply with quote
Commander Cluck wrote:


Marzgurl wrote:
LOL, making a suggestion is attacking now, okay.


Suggest, express concern over, whatever people want to call it to try to downplay it I guess. This suggestion has been going for 6 months though.


I suggested in January in a very non-threatening way that Funimation should reconsider working with Vic in the future. I'm not over here like that one RWBYfan guy or whoever making straight up threats to a company to either employ or not employ a given person.

Then Funimation dropped Vic. End of story.

What has been going on for these past six months has NOT been me demanding Funimation no longer work with Vic. That's over. Long since over. And does not need to be pushed forward. What's going on is now in their hands. If you would like for me to quote my tweet at Funimation back from mid-January and would somehow like to argue that that was an attack, cool, let's go.
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BlueRex666



Joined: 13 Mar 2016
Posts: 234
Location: El Paso, TX
PostPosted: Wed Jul 03, 2019 9:33 pm Reply with quote
R315r4z0r wrote:
To be completely honest, I'd much prefer it if FUNi simply didn't pick up any more shows with returning characters that Vic has voiced.

I really don't care too much about whether or not Vic is innocent or guilty, though I do think that the accusations are rather petty. But even if the guy was a proven child molester... put him in jail and let him record lines from there.


Some shows (like Free!) are already licensed as a whole, including future seasons and projects. As for recording in jail, every hear of a guy call Scott Freeman?
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Noggy



Joined: 24 Apr 2006
Posts: 88
PostPosted: Wed Jul 03, 2019 9:45 pm Reply with quote
The burden is upon the plaintiff to prove falsity, not upon the defendant to prove truth. - Van Der Linden v. Khan, 535 SW 3d 179, 198-99 (Tex App 2017)

It is not sufficient for the jury to disbelieve the defendant's testimony, but instead, the plaintiff must present clear and convincing evidence to support recovery. - Casso v. Brand, 776 S.W.2d 558 (Tex.1989)

More than mere notice pleading is required to establish a plaintiff's prima facie case. - In re Lipsky, 460 S.W.3d 590-91 (Tex.2015)

Conclusory statements, by their very nature, fall short of "clear and specific evidence." - Bates v. Smith, 289 S.W.2d 215, 216-17 (Tex. 1956)

Statements such as "I have not violated the [DTPA]," "I did not breach my contract," and "[I] have not been guilty of any negligence or malpractice" were conclusory - Anderson v. Snider, 808 S.W.2d 54, 55-56 (Tex.1991)

Statements such as "many of the statements made by defendants were untrue and without any factual basis," and "Defendant's allegations were false and defamatory" [are] conclusory. - Dolcefino v. Randolph, 19 S.W.3d 906 (Tex App 2000)


Vic is the one who needs to cough up the evidence that what's been said about him is false. Him merely stating he didn't do it isn't enough, that's not enough to survive a pre-trial motion to dismiss let alone actually win at the trial.
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Aresef



Joined: 22 Jun 2005
Posts: 914
Location: MD
PostPosted: Wed Jul 03, 2019 9:53 pm Reply with quote
crazieanimefan1 wrote:

You took the words out of my mouth. I can't wait to see the end of this and him finally admit that yes, he couldn't keep his manhood in his pants and he was a pervert...instead of being total drama. Because that's all this is...one. BIG. Drama.


I think if he had any intention of owning up, he would’ve done it ages ago. He lacks the courage. I believe the reason he was so public about his religiosity may well have been to create an image of a Vic Mignogna that was not a bad person.
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crazieanimefan1



Joined: 18 Feb 2015
Posts: 409
Location: Auburn, AL
PostPosted: Wed Jul 03, 2019 10:00 pm Reply with quote
Aresef wrote:
crazieanimefan1 wrote:

You took the words out of my mouth. I can't wait to see the end of this and him finally admit that yes, he couldn't keep his manhood in his pants and he was a pervert...instead of being total drama. Because that's all this is...one. BIG. Drama.


I think if he had any intention of owning up, he would’ve done it ages ago. He lacks the courage. I believe the reason he was so public about his religiosity may well have been to create an image of a Vic Mignogna that was not a bad person.


Forgive me if I get a tad vulgar here, yet he lacks the courage and the balls if you ask me.

Then again, it's those that got him in trouble in the first place.
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