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


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AiddonValentine



Joined: 07 Aug 2006
Posts: 2204
PostPosted: Wed Jul 03, 2019 11:37 am Reply with quote
penguintruth wrote:
Vic’s lawsuit is falling apart at the seams. So many people are coming forward and his legal counsel is a floundering clout chaser that law Twitter is constantly dunking on. I’m afraid it’s curtains for this sexual predator and his cult is in full denial mode.


Yeah, they've devoted so much time to defending Vic that to stop now would mean everything they've done was for nothing. Sunk cost fallacy and all that.
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Commander Cluck



Joined: 02 May 2019
Posts: 123
PostPosted: Wed Jul 03, 2019 11:43 am Reply with quote
So am I the only one who read all that and thought "Wow, they just threw the other defendants under the bus"? They just flat out say they can't be held responsible for the defamatory and tortious interference done by the other defendants. Plus, if they succeed with this TCPA then they can peace out of the lawsuit which means the other three are stuck footing the bill on any awarded damages. I wonder if the VAs secretly want this to fail since it's in their best interest for Funimation to stay in it since they're the ones with the deep pockets.
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TrailOfDead



Joined: 09 Aug 2012
Posts: 198
PostPosted: Wed Jul 03, 2019 12:00 pm Reply with quote
I think more likely is that they're not worried because their lawyers know there's no case, like every other lawyer who hasn't been actively soliciting money from uninformed, but highly invested fans
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ranran-001



Joined: 25 Oct 2018
Posts: 537
PostPosted: Wed Jul 03, 2019 12:18 pm Reply with quote
TrailOfDead wrote:
I think more likely is that they're not worried because their lawyers know there's no case, like every other lawyer who hasn't been actively soliciting money from uninformed, but highly invested fans


That will be the end result. From the various files that have been posted online, there is no dispute on Vic being named a public figure, let alone a limited public figure. That makes the case impossibly hard for him to win. This is true for his lawsuit against Funimation as it is against the remaining four defendants.

Let's also not forget, Vic's lawyer gave a laughably bad summation of all the supposed "defamatory" statements that were said. According to real lawyers who have read it, there really isn't anything in it that comes across as defamation. Some are just dumb, like one which I'm paraphrasing and censoring, "Monica called Vic a doodoo head, that's not true, Vic's head is not made of doodoo that's defamation."

The end result will be Vic losing and having to pay for the legal expenses of all four named defendants. That's what is likely to happen.
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BodaciousSpacePirate
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Joined: 17 Apr 2015
Posts: 3017
PostPosted: Wed Jul 03, 2019 12:19 pm Reply with quote
Commander Cluck wrote:
So am I the only one who read all that and thought "Wow, they just threw the other defendants under the bus"?


I read it more as a "contrary to the other side's claims, there's no bus under which to throw the other defendants" statement.
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Greed1914



Joined: 28 Oct 2007
Posts: 4426
PostPosted: Wed Jul 03, 2019 12:37 pm Reply with quote
Commander Cluck wrote:
So am I the only one who read all that and thought "Wow, they just threw the other defendants under the bus"? They just flat out say they can't be held responsible for the defamatory and tortious interference done by the other defendants. Plus, if they succeed with this TCPA then they can peace out of the lawsuit which means the other three are stuck footing the bill on any awarded damages. I wonder if the VAs secretly want this to fail since it's in their best interest for Funimation to stay in it since they're the ones with the deep pockets.


That was actually the part that stuck out to me the most. It's true that Funimation has no control over what the other defendants say or do, and I can't say I'm entirely surprised to see them take this stance since it wouldn't make much sense for a company to go out of its way to protect contractors since that makes it seem more like they are employees. Even if it comes off a bit like letting the others fend for themselves, I can't blame them for doing it.
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ChaosTheory



Joined: 11 Nov 2010
Posts: 17
PostPosted: Wed Jul 03, 2019 12:43 pm Reply with quote
What were the actual tweets by Funi? I've got no stance other then my strong dislike of social court. Sure, the system is flawed, but it's better then the rampant guilty until proven innocent attitude.
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NiPah
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Joined: 11 Feb 2011
Posts: 205
PostPosted: Wed Jul 03, 2019 12:59 pm Reply with quote
ChaosTheory wrote:
What were the actual tweets by Funi? I've got no stance other then my strong dislike of social court. Sure, the system is flawed, but it's better then the rampant guilty until proven innocent attitude.


ANN actually posted a news article about them back when it happened:
animenewsnetwork.com/news/2019-02-11/funimation-will-not-engage-vic-mignogna-on-future-productions/.143291

Here were the tweets:
https://mobile.twitter.com/FUNimation/status/1095087396209770501
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Commander Cluck



Joined: 02 May 2019
Posts: 123
PostPosted: Wed Jul 03, 2019 1:21 pm Reply with quote
Greed1914 wrote:
That was actually the part that stuck out to me the most. It's true that Funimation has no control over what the other defendants say or do, and I can't say I'm entirely surprised to see them take this stance since it wouldn't make much sense for a company to go out of its way to protect contractors since that makes it seem more like they are employees. Even if it comes off a bit like letting the others fend for themselves, I can't blame them for doing it.


I mean, you could say the same about Vic. He was just a contract, so whatever he did or didn't do is no concern of them, but they still felt the need to step in and acted like they were responsible for him. People will associate actions and statements of people with companies and brands.

But out of all the defendants Funi always had the best case. They've only made 3 tweets about Vic, verses the other defendants who have made hundreds (probably thousands by now) among other stuff. It's probably why they're the only ones who actually filed a TCPA while the others moved on to discovery and two of them have already been deposed.

Edited to remove full names from post. ~ANN Managing Editor~
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SquadmemberRitsu



Joined: 26 Jan 2012
Posts: 1391
PostPosted: Wed Jul 03, 2019 1:23 pm Reply with quote
See, the real kicker in this whole case is the fact that Vic admitted to some degree of wrongdoing. He downplayed it, but it seemed his initial approach was to put on a show and hope to be be immediately forgiven. So he can’t claim they’re baseless. He provided a base. It’s pretty obvious that taking them to court was a hasty change in direction, likely after certain people egged him on.

I doubt Vic believes in his own innocence, nor do I believe his own lawyers do either. If I had to guess, he seems to know exactly what he did wrong but doesn’t understand why what he did is considered wrong. As we already know, the outcome they hoped for is a settlement. But it really seems like it’s too late for that now.

To a certain degree I would say he’s being preyed upon by those heading his case. But given his own conduct, some of which I’ve personally witnessed, I have no sympathy for him in any negative outcome. The financial loss that could come from this, even less conventions wanting to side with him knowing that his OWN court case only further legitimised the claims, his lawyer ‘friends’ leaving him out to dry while they find a more profitable grift, all that would be a personal hell of his own creation.

maximilianjenus wrote:
miñonga
Honestly this takes the cake as the funniest misspelling I’ve seen yet.

Helpful wholesome tip for the super fans out there, it’s Mignogna. 9 times out of 10 it’s in the title of the article you’re responding to.
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Utsuro no Hako



Joined: 18 May 2012
Posts: 1034
PostPosted: Wed Jul 03, 2019 1:40 pm Reply with quote
Commander Cluck wrote:
So am I the only one who read all that and thought "Wow, they just threw the other defendants under the bus"? They just flat out say they can't be held responsible for the defamatory and tortious interference done by the other defendants.


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.
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Utsuro no Hako



Joined: 18 May 2012
Posts: 1034
PostPosted: Wed Jul 03, 2019 1:47 pm Reply with quote
Commander Cluck wrote:


I mean, you could say the same about Vic. He was just a contract, so whatever he did or didn't do is no concern of them, but they still felt the need to step in and acted like they were responsible for him. People will associate actions and statements of people with companies and brands.


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.
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Gina Szanboti



Joined: 03 Aug 2008
Posts: 11348
PostPosted: Wed Jul 03, 2019 2:27 pm Reply with quote
SquadmemberRitsu wrote:
maximilianjenus wrote:
miñonga
Honestly this takes the cake as the funniest misspelling I’ve seen yet.

My favorite was his credit in Midori Days as "Vic Filletoftommorow," [sic] with its triple pun on filet mignon, mañana (tomorrow), and the pronunciation of Mignogna.
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ChaosTheory



Joined: 11 Nov 2010
Posts: 17
PostPosted: Wed Jul 03, 2019 2:43 pm Reply with quote
NiPah wrote:
ChaosTheory wrote:
What were the actual tweets by Funi? I've got no stance other then my strong dislike of social court. Sure, the system is flawed, but it's better then the rampant guilty until proven innocent attitude.


ANN actually posted a news article about them back when it happened:
animenewsnetwork.com/news/2019-02-11/funimation-will-not-engage-vic-mignogna-on-future-productions/.143291

Here were the tweets:
https://mobile.twitter.com/FUNimation/status/1095087396209770501

Not a lot there, though they shouldn't have done the condone/mission signaling. It could be argued that is labeling Vic as guilty although. However they did claim investigation so the case probably has no change against Funi if those were the only tweets. Whether or not he is, social court should not be allowed to dictate so much, they've proven repeatedly to be in the wrong.
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Aresef



Joined: 22 Jun 2005
Posts: 909
Location: MD
PostPosted: Wed Jul 03, 2019 3:03 pm Reply with quote
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.
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