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NEWS: Mignogna's Civil Case Against Voice Actress Jamie Marchi Dismissed


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Lynx Raven Raide



Joined: 01 Nov 2017
Posts: 199
PostPosted: Tue Sep 10, 2019 9:12 pm Reply with quote
Expias wrote:
ranran-001 wrote:
Advent_Nebula wrote:
I am going to be very curious to read the court transcript of this case. You can not spin a court transcript, and I will be curious to see just how incompetent Ty was, and if we have a reason Vic never showed up.


Supposedly Vic was in California for an event, but I can't find anything reliable, I heard Burbank CA used, but I couldn't find any conventions that would have been scheduled that week of the trial.


It was for a film. "When the Train Stops" for the Burbank International Film Festival. Vic was hashtagged into a post since he's in the short film "When the Train Stops". You can see the post about it on the facebook page for the short film. The link for the post is wonky af.

Basically, Lemoine (Monica Rial's and Ron Toye's attorney) subpoena'd Vic for the hearing. It was essentially done at about 5pm Texas time, 3pm California. The screening itself was around 9pm ish. It was really easy for Ty Beard to quash the motion (re: delay it) by just saying Vic had prior engagements. Instead he went for client privileges.. He essentially jumped a shark.

A lot of people don't go to court, the attorney is their representative after all, but it is strange when your reputation is on the line to not want to be there. However, Vic has shown a....an almost laissez faire attitude over it. How much money is being asked for. What the money is being spent on.

And the other thing here, which was probably in the defense's outline for public figure but didn't get a chance to show, is this further adds to the pile of things that point to him being a LPPF. He skipped out on this hearing (which could have salvaged or, as it worked out, effectively permanently broken his career) to attend a film festival because of a short film he was in.
One of the straws the Vic supporters clasp at is Chupp basing his verdict of Vic being a LPPF was based on courtroom attendance, which amuses me cause it feels like he is playing them. Throughout all the evidence and the reason they are there it is bleedingly obvious, and I love how he pretty much points that out in a smart arse way.
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morisato



Joined: 29 Jun 2010
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PostPosted: Wed Sep 11, 2019 7:23 am Reply with quote
Fortunately, it's not over yet. Expect the ruling to ruling to be successfully challenged in the federal appellate courts. While it was expected that Marchi would be dismissed from the lawsuit, it's the ruling against Rial, Toye and Funimation that's stronger and the judge may have erred in his ruling.
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Expias



Joined: 30 Oct 2008
Posts: 162
PostPosted: Wed Sep 11, 2019 8:08 am Reply with quote
morisato wrote:
Fortunately, it's not over yet. Expect the ruling to ruling to be successfully challenged in the federal appellate courts. While it was expected that Marchi would be dismissed from the lawsuit, it's the ruling against Rial, Toye and Funimation that's stronger and the judge may have erred in his ruling.


Where is the logic to this? Appeals in the federal appellate courts to TCPA are rarely granted. Appealing TCPA dismissals per Texas appellate lawyers are an extreme uphill battle. What is there to appeal on? What error did the judge make?

Also, it's idiotic to strategize knowing you're going to have one Defendant be dismissed at TCPA. That's hundreds of thousands of dollars in lawyers fees and fines. Then it's hundreds of thousands of dollars in SANCTIONS.

"But Funimation is where the money is at."
On what grounds? Also, very very SLAPPy.
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gilgameshi



Joined: 23 Jul 2019
Posts: 17
PostPosted: Wed Sep 11, 2019 9:30 am Reply with quote
And now that TI is off the table for everyone, and since Percy couldn’t prove there were damages, they can’t even claim them as a payment even if they did somehow win.

Starting to wonder if Percy is a useful idiot in Screech’s grift... he loses nothing when this whole thing goes belly up, but Percy and Vic McNuggies pay fees and sanctions.
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ranran-001



Joined: 25 Oct 2018
Posts: 225
PostPosted: Wed Sep 11, 2019 9:44 am Reply with quote
morisato wrote:
Fortunately, it's not over yet. Expect the ruling to ruling to be successfully challenged in the federal appellate courts. While it was expected that Marchi would be dismissed from the lawsuit, it's the ruling against Rial, Toye and Funimation that's stronger and the judge may have erred in his ruling.


Not likely to happen. In order for a case to even be heard at the appeal level, Ty needs to show there was a misapplication of the law, or a violation of procedure in such a way that in theory, they could have won lawsuit once it reached a jury decision.

Ty was straight up asked where in the mounds of paper work he submitted is clear and specific evidence of TI, and he couldn't do it. Just about all of Law Twitter knew Ty had nothing to show, because sifting through all of Ty's crap there was no concrete example of TI. The judge ruled fairly by dismissing the TI claims.

Second, its straight up stupid to sue anyone knowing you are going to lose, especially for a defamation case in Texas where the anti-slapp penalties are severe. No lawyer should have even thought it was remotely okay to file suit against Marchi if they knew it was a losing battle for their client.

But Ty did anyway. That one is going to cost Vic much out of his bank account.
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yeahreally



Joined: 20 Jan 2009
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PostPosted: Wed Sep 11, 2019 9:52 am Reply with quote
Expias wrote:
Also, it's idiotic to strategize knowing you're going to have one Defendant be dismissed at TCPA. That's hundreds of thousands of dollars in lawyers fees and fines. Then it's hundreds of thousands of dollars in SANCTIONS.


You also apparently have to pay TCPA sanctions (or setup a bond for them) before continuing the rest of the case or even filing an appeal of the TCPA ruling itself. So all of the defense fund money will be gone before they can even file an appeal.
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Psycho 101
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PostPosted: Wed Sep 11, 2019 10:07 am Reply with quote
yeahreally wrote:

You also apparently have to pay TCPA sanctions (or setup a bond for them) before continuing the rest of the case or even filing an appeal of the TCPA ruling itself. So all of the defense fund money will be gone before they can even file an appeal.


In which case I would expect another GoFundMe campaign to arise. Surprised one hasn't already. The continued behavior of many of his supporters clearly shows that people would donate again. Perhaps not as much, but grifters want every dime they can get and this cow has more milk to give.

The continued threats of violence, or thinly veiled hints for others to do it, are what continue to concern and sadden me throughout this whole ordeal. Like people saying Marchi will be at a certain con at a certain time and then tell others "not to do anything". Despite blatantly pointing out her location and time of it.

It's also very laughable how so many had the motto of "let the courts decide", but when they do, and they don't like the outcome, they get their knickers in a twist and don't take their own advise.
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Expias



Joined: 30 Oct 2008
Posts: 162
PostPosted: Wed Sep 11, 2019 11:09 am Reply with quote
Psycho 101 wrote:
yeahreally wrote:

You also apparently have to pay TCPA sanctions (or setup a bond for them) before continuing the rest of the case or even filing an appeal of the TCPA ruling itself. So all of the defense fund money will be gone before they can even file an appeal.


In which case I would expect another GoFundMe campaign to arise. Surprised one hasn't already. The continued behavior of many of his supporters clearly shows that people would donate again. Perhaps not as much, but grifters want every dime they can get and this cow has more milk to give.

The continued threats of violence, or thinly veiled hints for others to do it, are what continue to concern and sadden me throughout this whole ordeal. Like people saying Marchi will be at a certain con at a certain time and then tell others "not to do anything". Despite blatantly pointing out her location and time of it.

It's also very laughable how so many had the motto of "let the courts decide", but when they do, and they don't like the outcome, they get their knickers in a twist and don't take their own advise.


They might have seen how much they're in the spotlight etc.? Ty Beard's already made a mistake that could be criminal or fined. I think Greg's mentioned he's holding on to a complaint he'll be making to the bar after October 7th. I think Akiva mentioned he'd already made a complaint.

The veined "hint hint wink wink nudge nudge" targeted harassment makes me sick. And Marchi's case was the one they all "admit to knowing is the weakest case". So why attack her? Then add on with other VAs who voiced their misgivings and experiences? Mud slinging and harassment. People seem to be under the impression that they're entitled to yell and question anyone and everyone.

It's laughable and yet I'm not surprised tho I wish it wasn't the case. I muted and/or blocked many because I knew they wouldn't accept it. They'd have some excuse to give. They've already made their minds and just want to appear as if they're righteous with objectivity.
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yeahreally



Joined: 20 Jan 2009
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PostPosted: Wed Sep 11, 2019 11:59 am Reply with quote
Psycho 101 wrote:
In which case I would expect another GoFundMe campaign to arise. Surprised one hasn't already. The continued behavior of many of his supporters clearly shows that people would donate again. Perhaps not as much, but grifters want every dime they can get and this cow has more milk to give.

The continued threats of violence, or thinly veiled hints for others to do it, are what continue to concern and sadden me throughout this whole ordeal. Like people saying Marchi will be at a certain con at a certain time and then tell others "not to do anything". Despite blatantly pointing out her location and time of it.

It's also very laughable how so many had the motto of "let the courts decide", but when they do, and they don't like the outcome, they get their knickers in a twist and don't take their own advise.


The grifting is also one reason why I wish Vic could sue them for malpractice. It feels wrong that they are able to make money pulling off something like this.

The veiled calls for violence are abhorrent, but it's especially surprising coming from an ex-convention owner. You kind of expect that sort of thing from an anonymous internet mob, but not from someone actually in the business side of things.
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Cardcaptor Takato



Joined: 27 Jan 2018
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PostPosted: Wed Sep 11, 2019 12:14 pm Reply with quote
TBH I feel like if Vic really disapproved of what his lawyers were doing, he would have fired them a long time ago and be more directly involved with the case himself. But I've always got the impression that Vic never really cared about the outcome of the case and this was all about solidifying the support of his base/getting revenge against Monica and .co. As long as there are people like the Kawaii Kon guy who are willing to overlook his actions that he can still get into cons through, Vic probably could care less about the outcome of the case. He probably knew he was going to lose it when he started it.
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Lynx Raven Raide



Joined: 01 Nov 2017
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PostPosted: Wed Sep 11, 2019 1:13 pm Reply with quote
Cardcaptor Takato wrote:
TBH I feel like if Vic really disapproved of what his lawyers were doing, he would have fired them a long time ago and be more directly involved with the case himself. But I've always got the impression that Vic never really cared about the outcome of the case and this was all about solidifying the support of his base/getting revenge against Monica and .co. As long as there are people like the Kawaii Kon guy who are willing to overlook his actions that he can still get into cons through, Vic probably could care less about the outcome of the case. He probably knew he was going to lose it when he started it.

I was kinda thinking that when the co-council was added, kind of like a leash for Ty, but by the sounds that failed miserably.
As for cons, that one is making me wonder. There will be increased scrutiny from here out if he does do a con as far as other guests are concerned, and while bigger cons will probably avoid him, will smaller ones be willing to babysit him and/or risk more issues if he relapses (if he does face his issues in the first place)?
And depending on how truthful that affidavit is, I wonder how well this will bode for Kameha Con. Because of joining Vic's side, unless they distance themselves from Huber's comments they may end up losing rather than gaining
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gilgameshi



Joined: 23 Jul 2019
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PostPosted: Wed Sep 11, 2019 5:37 pm Reply with quote
Cardcaptor Takato wrote:
TBH I feel like if Vic really disapproved of what his lawyers were doing, he would have fired them a long time ago and be more directly involved with the case himself. But I've always got the impression that Vic never really cared about the outcome of the case and this was all about solidifying the support of his base/getting revenge against Monica and .co. As long as there are people like the Kawaii Kon guy who are willing to overlook his actions that he can still get into cons through, Vic probably could care less about the outcome of the case. He probably knew he was going to lose it when he started it.


He picked the wrong state to do that in. If his net worth is really 3-4m, these fees and sanctions could take out a third/fourth of that in seconds.

Guess that's why he's showing up at a two-bit shopping mall comic con...gotta pay the fees somehow!
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CrowLia



Joined: 24 Feb 2012
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Location: Mexico
PostPosted: Wed Sep 11, 2019 9:42 pm Reply with quote
morisato wrote:
Fortunately, it's not over yet. Expect the ruling to ruling to be successfully challenged in the federal appellate courts. While it was expected that Marchi would be dismissed from the lawsuit, it's the ruling against Rial, Toye and Funimation that's stronger and the judge may have erred in his ruling.


I gotta say, as a sociological experiment, watching the constant spinning and respinning of the Vic mob's narrative is slightly fascinating. A few months ago y'all were convinced you'd get Rial and Marchi fired and bankrupt and that Funimation would have to pay Vic so much he'd end up owning the company. Now the best you can aspire to is "well we always knew Marchi was a losing case [I guess y'all just love the idea of sinking all your GFM donations into Jamie Marchi's pockets?] and anyway even if the case is lost, we win by making it part of the public record and smearing Funimation". Not to mention how much the Vic mob yapped about letting the courts decide, and when the courts don't go your way, it's the court's fault, or the judge is corrupt or the justice system doesn't work etc etc
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gilgameshi



Joined: 23 Jul 2019
Posts: 17
PostPosted: Sun Sep 15, 2019 9:01 pm Reply with quote
LawTwitter has purchased the transcript (and donated the rest to RAINN!) and while you can read it yourself, Mike Dunford did a livetweet that helps explain it to the layman.

Part 1: Jamie Marchi
https://twitter.com/questauthority/status/1172642897566609409

Part 2: Rial and Toye
https://twitter.com/questauthority/status/1172947630751662080

Part 3: Funimation
https://twitter.com/questauthority/status/1173299507003568130

It’s an eye opening (and incredibly entertaining) read. The livetweets of the hearing painted a pretty dismal picture for Ty, but it all pales to what the transcript shows.
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