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

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Captain Manning

"Good luck, kid."
kiwifarms.net
Anime voice actor Vic Mignogna is currently suing Funimation Productions LLC, Monica Rial, Jamie Marchi (both VAs), and the fiancé of Monica Rial (Ron Toye) for over $1,000,000 (USD). After much anticipation, this lawsuit was filed in Tarrant County, Texas (actual district court assignment pending) on April 18th, 2019.

The causes of action are:
  1. Defamation (defined as per se on paragraph 38 of the complaint)
  2. Tortious Interference with Existing Contracts
  3. Tortious Interference with Prospective Business Relations
  4. Civil Conspiracy
  5. Vicarious Liability
This has been covered extensively on the Weebwars thread, which has grown so massive KF has given it its own subforum. @mindlessobserver has done a fantastic job summarizing everything leading up to the lawsuit, and the OP of the general thread should be required reading.

Note that this is expected to be a "multi-round" lawsuit with multiple different defendants being added as time goes on. To date, action has only been filed against four (again, see the Weebwars thread for a summary of all the players).

Initial filing is attached.

Thread made on request of @emspex. This OP will be updated regularly. This is a developing situation.

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WHAT IS THIS THREAD FOR AND NOT FOR?

Thank you for your interest in the Vic Mignogna lawsuit. KiwiFarms is committed to delivering you the finest in amusing content concerning exceptional people on the Internet. The Vic Mignogna lawsuit has exposed many such exceptional people and events. Hence, it is worthy of discussion. Please listen carefully to the following options, as they may have changed.

This thread is for information, questions, and comments on the lawsuit itself. Only posts of that nature should be included in this thread.

If you'd like to talk or learn about #KickVic vs #IStandWithVic / #VicKicksBack in a general sense: Go here.
If you'd like to read, laugh at, or ridicule ignorant idiots who are commenting on this lawsuit outside KiwiFarms: Go here.
If you'd like to discuss Nick Rekieta's Youtube streams discussing this case: Go here.
If you'd like to discuss Nick Rekieta in general (including everything not Weebwars related): Go here.
If you'd like to discuss Ty Beard, how awesome he is, and make Beard memes: Go here.
If you'd like to report an incidence of chair abuse: Go here.
If you'd like to screech autistically about how KiwiFarms is evil, and how we're not respecting teh wahmans: Please kill yourself (in Minecraft).

For all other inquires that pertain to Weebwars, including threads that might exist on certain other individuals (many exceptional), consult the Weebwars sub-forum list here.

Thank you. We hope you have a fun time and stay safe.

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FAQ LISTS

These will NOT be exhaustive lists of every single question that might be asked about this case. It's not even going to include every one that has been asked frequently. It only includes those questions which, if asked again, will probably elicit a reaction that entails people wanting you to neck yourself. It is mostly a (probably futile) attempt to bring the most dense of people up to speed. It will also be limited to questions of a vaguely legal nature, and not those concerning the general stupidity of everybody on social media. It is also heavily under construction.

When is x gonna happen?

Read the future events timeline contained in this OP. If you question isn't answered there, feel free to ask in this thread.

When (or is) y gonna be sued?

This is a question that has no definitive answer. This is a multi-round litigation in which information gleaned in one round can lead to a decision to proceed with another. The person with the codename "Iago" was very nearly the 5th defendant in round 1, but BHBH felt an additional delay was needed.

As Nick stated on his stream dated 04/19/19, there is also a monetary concern in which sufficient funds must exist to proceed against every defendant. Quality litigation is preferred over quantity. Nick opines that the greater the amount of money raised betters (but does not ensure) the chance of your "favorite" prospective defendant receiving a knock on a door from a process server.

That said, it can NOT be understated that the decision to pull the trigger on anyone comes down to Vic. He is in the driver's seat of this litigation.

Why was this case filed in Tarrant County District Court?

Three reasons:
  1. The case predominately (if not entirely) concerns breaches of Texas civil law.
  2. Vic lives in Tarrant County*, and all the defendants live in adjacent Texas counties (thus satisfying requirements for venue and jurisdiction). It's in DISTRICT court because it meets a certain minimum monetary threshold.
  3. Tarrant County has a political demographics that are advantageous to suing SJWs who do stupid shit for nothing more than to virtue signal. For example, here is every Tarrant County District court judge:
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* Earlier reports that Vic lives in California are outdated and in error. Vic moved back to Texas before all of this began.

#KickVic is claiming that Vic has the burden of showing that defamatory claims made by the defendants are false or the case will be dismissed. Is this true?

No.

In Texas, it is true that truth is an absolute defense to a defamation action. See Tex. Civ. Prac. & Rem. Code Ann. § 73.005. However, it is considered an affirmative defense. An affirmative defense is a defense in which the person making raising such a defense bears the burden to prove. See, e.g., Associated Press v. Cook, 17 S.W.3d 447 (Tex. App. 2000). See also, Randall’s Food Mkts. v. Johnson, 891 S.W.2d 640, 646 (Tex. 1995).

Also, Knox v. Talor is a Tortious Interference and Defamation case that further underscores the standard and procedure that will be used in Vic's case:

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https://caselaw.findlaw.com/tx-court-of-appeals/1092524.html

This is the "burden shifting" that you made have heard Nick and Ty talk about. Vic merely needs to testify under oath the the defamatory statements are false. If the defendants establish, as part of their affirmative defense, that each of the defamatory statements they published were true, they can secure summary dismissal.

Essentially #KickVic is under the impression that Vic is legally obligated to prove a negative (or rather, several) in order to maintain his case. He does not.

This impression is more ridiculous when you consider that defendants such as Ron Toye have made outlandish comments such as Vic having sexually harassed "100+ women." Vic does not have to prove that didn't sexually assault over 100 women.

What is this stuff I keep hearing about "at-will employment?"

Per Wikipedia:

At-will employment is a term used in U.S. labor law for contractual relationships in which an employee can be dismissed by an employer for any reason (that is, without having to establish "just cause" for termination), and without warning, as long as the reason is not illegal (e.g. firing because of the employee's race or religion). When an employee is acknowledged as being hired "at will," courts deny the employee any claim for loss resulting from the dismissal.

Texas (where Funimation and Rooster Teeth are based), is an at-will employment state. This can be overridden with an employment contract (Texas also apparently recognized implied employment contracts to some extent).

This is a canard #KickVic likes to raise. Especially in the early days of this saga. This would be relevant to examine BUT FOR the fact Vic isn't suing for wrongful termination. Nobody disputes that Funimation can release Vic from his contract (provided the terms of the contract permit it), and have no further business dealings with him. What's at issue here is defamatory statements and tortious interference.

Ironically, SJWs, being lefties, typically hate the at-will employment doctrine. So essentially, they're arguing against nobody, using a concept they actually despise.
Is Nick Rekieta Vic's lawyer?

No.

Is Nick Rekieta A lawyer?

Yes. He is licensed to practice law in the State of Minnesota.

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Link to Minnesota Judicial Branch database report.

Note that it was (and sadly still is) common, particularly early on, for #KickVic morons to confuse MARS (which actually grants law licenses), with the Minnesota State Bar Association (MSBA). The former is a voluntary professional organization that lawyers may join, but are not legally required to.

How is Nick Rekieta involved in this case? Some people are saying he's the "mastermind."

Nick Rekieta is a private practice attorney located in Spicer, Minnesota, who became "involved" in this case after beeing informed of Vic's plight. Nick initially attempted to ask Vic to come on his show. After quite a bit of private discussion between the two of them, Nick sought permission to organize a GoFundMe for Vic, and referred Vic to Ty Beard's law firm.

In summary, Nick is not "involved" in this case in a legal sense. He is a pro-Vic pundit who knows Vic and Ty, organized a GoFundMe for Vic, and enjoys yelling at ignorant non-lawyers (and occasionally actual lawyers, like Mark Zaid and Kevin Landau) on the Internet (often while consuming the frequent libation).

Nick is not, and has not, provided any legal advice to Vic. He is ethically prohibited from doing so.

Is Nick being compensated by Vic or Ty for this case?

No.

Does Nick have access to the GFM funds?

No. The GFM is currently tied to a IOLTA account managed by Beard & Harris. Raising money for a third party requires additional steps, per GFM's TOS, to prevent fraud. Despite all the autistic screeching and attempts by #KickVic to shut down the GFM, it has been up for over a month.

Nick couldn't steal the money even if he wanted to. People are allowed to donate to somebody's legitimate legal fund. This is a free country (mostly still).

If you would like to know what an IOLTA account is, this Wikipedia article seems to give a good general overview.

KickVic is claiming Nick has never tried a case before. Is this true?

No. Public records indicate he has been the attorney of record in several criminal and civil cases since obtaining his law license.

Criminal cases:

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Civil cases:

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For more up to date information of what Nick is doing in his law practice, you may search using this site:
Minnesota Trial Court Public Access (MPA)

I don't tend to keep a running update of this. People can have up-to-date information about his day job through public record serarchs. It's enough to say he's a lawyer, and he's been to court. Shocking.

Has Nick been disciplined as a lawyer?

No. Not according to the Office of Lawyers Professional Responsibility in Minnesota.

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Is KiwiFarms being compensated for this case?

No.

Is any member of KiwiFarms being compensated for ths case?

No (I'm sure as hell not. Where's my fucking check Rekieta!‽).

Does anybody involved in the case have a KiwiFarms account?

No current plaintiffs or defendants are known to have accounts.
No attorneys are known to have accounts.
Nick Rekieta does not have an account.

@MarzGurl is a prospective defendant that has an account here, but has not logged into it (or posted) since February 24th, 2018.

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As this site is overwhelming in favor of Vic (and not by any general rule or enforcement), and is NOT a #KickVic hugbox, she can mainly be seen being exceptional on PULL or the ANN forums these days.

@Shane_Yes_That_One also has a verified account here, but nobody gives enough of a shit about Shane to sue him, so he's irrelevant except to laugh at for being the stupidest creature alive.

Is KiwiFarms receiving direction from BHBH, Vic, or anyone else involved in this case?

No.

KiwiFarms is a website which documents "lolcows." Of which there are many in this case. In this particular instance, our efforts and interest in documenting the actions of these cows, and BHBH's desire to have information useful to their current act of litigation happen to coincide.

This is why Ty Beard has complemented KiwiFarms, and vice-versa. However, one is not directing the other.
Who is Iago, Igor, and Renfield?

These are the code names of three individuals who have not yet been sued, but who Ty Beard is planning to file against in subsequent rounds of this litigation.

Ty Beard has given clues as to who they are, but has not yet explicitly named them.

There is a speculation thread concerning who they are. To skip at least partially to the point, we can rule out Ron Soye (who has already been filed on as a defendant), Shane Holmberg, and a certain "Blue Orca."

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TIMELINE & OTHER INFORMATIVE LISTS

02/20/19 - Vic Mignogna announces on Twitter that has retained the legal services of Beard Harris Bullock and Hughes (BHBH), and confirms that a friend (Nick Rekieta) is authorized to run a GoFundMe on his behalf.

735888
(Click to enlarge)

04/18/19 - Lawsuit filed at 4:44PM in Tarrant County District Court.
04/19/19 - Monica Rial and Ron Toye employ Casey S. Erick of Kessler Collins. Erick agrees to accept service on behalf on his clients (this means they don't need to use a process server and the clock is running for their reply).
05/13/19 - Deadline for initial reply from defendants RIAL and TOYE.
06/10/19 - Deadline for initial discovery and interogatory requests from defendants RIAL and TOYE.
PLAINTIFF MIGNOGNA

Percy Tyrone 'Ty' Beard - Beard & Harris, P.C.

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State Bar Information (License to Practice Law)
Website Profile
Twitter Account

NOTE: Vic is actually being represented by a couple of different lawyers from Ty's firm. However Ty is lead attorney and senior partner of the firm. I will be adding the others later.

DEFENDANTS TOYE AND RIAL

Casey S. Erick - Kessler Collins, P.C.

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State Bar Information (License to Practice Law)
Website Profile

DEFENDANT MARCHI

No attorney information yet.

DEFENDANT FUNIMATION

No attorney information yet.
 

Attachments

Last edited:

JosephTX

Texas Penal Code Section 9.42(b) Enthusiast
kiwifarms.net
Anime voice actor Vic Mignogna is currently suing Funimation Productions LLC, Monica Rial and Jamie Marchi (both VAs), and the finance of Monica Rial (Ron Toye) for over $1,000,000 (USD). After much anticipation, this lawsuit was filed in Tarrant County, Texas (actual district court assignment pending) on April 18th, 2019.

The causes of action are:
  1. Defamation
  2. Tortious Interference with Existing Contracts
  3. Tortious Interference with Prospective Business Relations
  4. Civil Conspiracy
  5. Vicarious Liability
This has been covered extensively on the Weebwars thread, which has grown so massive KF has given it its own subforum. @mindlessobserver has done a fantastic job summarizing everything leading up to the lawsuit, and the OP of the general thread should be required reading.

This thread is for information and comments on the lawsuit itself.

Initial filing is attached.

Thread made on request of @emspex. This OP will be updated regularly. This is a developing situation.
Be sure to include Jamie Marchie, Monica Rial and Ron Toye Are Co-Defendants in the subtitle and that he's seeking in excess of 1 milloon dollars
 

Superman93

kiwifarms.net
I'm assuming they filed more than just this and that this document is just the part that is public?
Theres more and this is just the 1st round of lawsuits. Highly recondmend you go over to the weeb wars megathread everyone there did a spectacular job cataloging the spergery.

EDIT: I know it's over 1,000 pages but trust almost every page is worth the read
 
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Arm Pit Cream

God only knows what I'd be without you
kiwifarms.net
Sorry for shilling but remember to donate to the GoFundMe to help Vic keep up the fight against Sony and false "rape" culture:

I've given 13 bucks, even small amounts matter, almost at 130k!
 

Cho Chan

jesus tryna take th wheel but i wanna keep sinning
True & Honest Fan
kiwifarms.net
God, I can’t wait. I can only hope and pray someone faces repercussions for this, and that that someone isn’t Vic. I’d hope it’d finally shut some people up, but this has the potential to be referred to for years to come a la Gamergate.

The good news is the amount of people invested in dubbed anime are a niche within a niche. I don’t know. It could still go anywhere.

How exciting.
 
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