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

AnOminous

do you see what happens
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Just because something is not allowed to be used as part of the TCPA does not mean it’s removed altogether
While they call it a "motion to strike," striking it doesn't actually remove it from the record, just precludes the trier of fact from using it as evidence to try the case.

And if it differs from the original affidavit? Thats a problem right?
Yes. It's a "prior inconsistent statement" and can be used to impeach the witness or, for that matter, file a motion to strike the actual witness and not allow them to testify at all. In this case, it might be accompanied by a request for the court to refer the matter to the prosecutor for a possible perjury prosecution.
 

The Demon Pimp of Razgriz

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As players of the #metoo card, unless they don't have the finances to do it, I say there's a 99% chance says they will appeal their TCPA's post haste. Why? Because all they know how to do is double-down, and to either force the issue to become "truth & fact", or go down in flames as martyrs for the cause.
That's the thing: I doubt any of them has the finances to chase an appeal, especially one that has no chance to succeed. Only Funimation theoretically can do that, and honestly it would be in Funi's best interest to settle quickly should their TCPA outright fail. As their legal representatives, Lemonfuhrer and the rest have a responsibility to their clients to represent them in the best way possible and to look out for their interests. Wasting the plaintiff's money on useless appeals is not looking out for their best interest. And my guess is, there is already a question of whether or not they will be fully paid for what they are putting into this thing right now. That's why they are going apeshit even here at this preliminary stage; this is their Hail Mary Pass. If it fails, they've lost their last best chance to stop this dead and the lawyers have to be aware of it by now. The lawyers won't pursue a knowingly failing strategy to their client's detriment and will either encourage the clients to settle or seek another route. At the very least, they have the duty to inform their client of the fact that an appeal would likely not pass muster and drain their limited resources.

While we talk about how stupid Moronica and Marchi are, they are not lawyers, and in the end, they are reliant upon their counsel to tell them what the up and up is. For example, while the general rule is that its the client that ultimately may decide on whether or not to settle a civil case, it is not unheard of for courts to recognize that the client has largely abdicated the responsibility on whether or not to do so to their lawyer in their case. That authority may be actual or apparent, expressed or implied, based on the actions of the lawyer and whether a third party observer would reasonably believe that the lawyer was given explicit responsibility to act on their client's behalf, though this is partially dependent on the jurisdiction; some areas require the lawyer to have express authority to act on their client's behalf. We've been assuming that the clients have largely been calling the shots here, but that is not necessarily the case. Unfortunately, we have no idea what relationship the clients have to their lawyers in this situation, but any lawyer looking at this situation honestly would see how bad things would be if the TCPA is thrown out out of hand.
 

SushiOnFire

NoZilla
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I'd say it's not that they're stupid enough to try, but rather that they're stupid enough that they have little choice but to try. From what I can tell as a non-lawyer, Funimation and MoRonica's lawyers have fucked up by the numbers when it comes to the affidavits. There's a bunch of affidavits which they should have had ready to go weeks before the TCPA deadline, but they didn't and now they're stuck asking if they can turn in their homework late. Beyond that, the affidavits both timely and untimely seem to be poorly prepared. Improper verifications, missing critical information, containing hearsay, not even crosschecked for consistency between affidavits, much less for consistency with other sources like earlier filings, deposition, or internet videos and postings. So they were dumb enough to be lazy about getting affidavits, and dumb enough to have seemingly gone 'Meh, good enough.' on the contents of the affidavits; only to have holes ripped in their case as BHBH starts striking all the low hanging fruit. Leaving them no choice but to scramble to patch the holes and pray that the judge allows their patches to apply to the TCPA.
AFAIK the affidavits have less to do with the TCPA filing( apart for for padding the file as much as possible ) and more with the character assassination.
Most of them do not establish anything remotely close to the plaintiff being a public figure.
 

DragoonSierra

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While they call it a "motion to strike," striking it doesn't actually remove it from the record, just precludes the trier of fact from using it as evidence to try the case.



Yes. It's a "prior inconsistent statement" and can be used to impeach the witness or, for that matter, file a motion to strike the actual witness and not allow them to testify at all. In this case, it might be accompanied by a request for the court to refer the matter to the prosecutor for a possible perjury prosecution.
Ok I was actually confused by that. Wow thats even better and funny as shit because you know they are stupid enough to try it.
 

HTTP Error 404

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Yes. It's a "prior inconsistent statement" and can be used to impeach the witness or, for that matter, file a motion to strike the actual witness and not allow them to testify at all. In this case, it might be accompanied by a request for the court to refer the matter to the prosecutor for a possible perjury prosecution.
Can you IMAGINE the chimpout that would occur if Ty did that? Not only got one of their crying SJW sociopaths prohibited from even being allowed on the stand, but also nailed for perjury?

... What do you think? Have KV gone so far that that's on the table?
 
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Reverend

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The lawyers won't pursue a knowingly failing strategy to their client's detriment and will either encourage the clients to settle or seek another route. At the very least, they have the duty to inform their client of the fact that an appeal would likely not pass muster and drain their limited resources.
Depends what the payment/fee schedule is. Lemonjello is king of stonewalling and dragging out TCPA as I recall he had 6 still in pending/appeal state. He can drag this out forever theoretically. I do believe Lemonjello is only tangentially keeping his clients in check (where is Casey Erick by the way?) as that last motion that he filed stating that monica and ron are "protected" under some nonsense seemed like something a lawyer would do under duress. If the case fails or doesn't pass TCPA this might be where the lawyers try to remove themselves from the case as expeditiously as possible. I know I would not want to be on a sinking ship and that would cause the case to get extended as MoRonica would need more time to find a new lawyer to take their case.

That play is still feasible considering the merry-go-round of lawyers here.
 

instythot

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If the case fails or doesn't pass TCPA this might be where the lawyers try to remove themselves from the case as expeditiously as possible.
How does this work exactly?

My understanding of the lawyer/client relationship is once a matter is before the court, the lawyer is stuck with the client, even if they aren't paying until they get fired or the judge agrees to let them quit

Not a challenge, I legit don't know how this works for sure
 

Reverend

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How does this work exactly?

My understanding of the lawyer/client relationship is once a matter is before the court, the lawyer is stuck with the client, even if they aren't paying until they get fired or the judge agrees to let them quit

Not a challenge, I legit don't know how this works for sure
I'm not sure how this works in a civil case but in a criminal case the defendant can fire/remove the attorney who is not working in the best interest of the client. I know that the lawyer can recuse themselves from the case on their own merits as well if/only if there is a history of the lawyer saying "look I did everything I could they won't listen and we are at an impasse."

The lawyer can't drop them for no reason at all, there has to be a reason, well documented and agreed upon by the judge. I would assume Chupp would want to see the records of the disagreements between MoRonica and Lemonjello first before he even considered that.
 

Mythrilius

Came for the War(s), Stayed for the LOL(s)
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Can you IMAGINE the chimpout that would occur if Ty did that? Not only got one of their crying SJW sociopaths prohibited from even being allowed on the stand, but also nailed for perjury?

... What do you think? Have KV gone so far that that's on the table?
If you go back through the TCPA's and read the affidavit's, then go back and read all of their tweets, posts, etc. that are here and in other places, the picture being painted is pretty clear. Having to resort to outright lying about events/known facts is well within the playbook of the Defendant's and their "allies".
 

Johann Schmidt

kiwifarms.net
How does this work exactly?

My understanding of the lawyer/client relationship is once a matter is before the court, the lawyer is stuck with the client, even if they aren't paying until they get fired or the judge agrees to let them quit

Not a challenge, I legit don't know how this works for sure
IIRC we're still in the "pre-trial" phase until after there's a ruling on the TCPA motion, so they're free to withdraw if they're not getting paid.
 

AnOminous

do you see what happens
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Can you IMAGINE the chimpout that would occur if Ty did that?
Probably not much of one, although there would be a bit of it. The chimpout if the judge actually did refer it would be insane, though.

It's super :optimistic: and if everyone who committed blatant perjury went to prison. . .actually that would be a pretty good thing as people would be a lot less inclined just to commit perjury willy-nilly as they do now.

But lots of people would go to prison for perjury in the meantime.
 

HTTP Error 404

kiwifarms.net
If you go back through the TCPA's and read the affidavit's, then go back and read all of their tweets, posts, etc. that are here and in other places, the picture being painted is pretty clear. Having to resort to outright lying about events/known facts is well within the playbook of the Defendant's and their "allies".
Well, I wasn't questioning if there's enough evidence to nail them for perjury, but rather, have they gone malicious and exceptional enough that Vic will let BHBH go that route? Have they released the beast yet?
 

BBChannel

Last Boss Kouhai
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Well, I wasn't questioning if there's enough evidence to nail them for perjury, but rather, have they gone malicious and exceptional enough that Vic will let BHBH go that route? Have they released the beast yet?
It would have to be particularly knowing, as far as I know. Nick has stated that courts generally don't like to punish perjury unless it was egregious or intentional. Being mistaken is something courts will allow until the person persists in their misinformation repeatedly.
The closest to one being possible to punish would probably be manjaw, because she keeps lying and changing details continuously in order to grab the attention. However, since she won't be showing up publicly, the likelihood of punishment is still very remote as she hasn't caused actual damage.
I just don't see anyone being nailed for perjury being likely since you'd need some significant damage caused.

It is possible that Ty may sue manjaw directly at some point but she's basically a female version of shane and likely doesn't have anything of value.
 
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RodgerDodger

kiwifarms.net
It would have to be particularly knowing, as far as I know. Nick has stated that courts generally don't like to punish perjury unless it was egregious or intentional. Being mistaken is something courts will allow until the person persists in their misinformation repeatedly.
The closest to one being possible to punish would probably be manjaw, because she keeps lying and changing details continuously in order to grab the attention. However, since she won't be showing up publicly, the likelihood of punishment is still very remote as she hasn't caused actual damage.
I just don't see anyone being nailed for perjury being likely since you'd need some significant damage caused.

It is possible that Ty may sue manjaw directly at some point but she's basically a female version of shane and likely doesn't have anything of value.
Don't rule out a request for sanctions for suborning perjury. There is so much questionable shit being submitted in these filings by Lemonhead That dance dangerously close to malfeasance. He's submitting sworn afidavits that don't pass a basic google search query. No effort at due dilligence was made regarding these submissions.
 

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Glad Nick took the night off, but it feels really strange to not have a Vic live stream update after so many weeks of it almost nightly. Hope the debate with the dunce tomorrow wont make Nick sober up. Stupid people can make ya drink less sometimes.
It's the calm before the storm. Nick apparently is going to let some anti-GamerGate troll from ggrevolt (a troll group that was all about false flagging GG) tomorrow. Expect full on gay ops, like Nick letting the guy on and suddenly porn or 1488 crap being played on the screen so that his buddies can flag Nick's channel into being unable to livestream until November.

Edit: I stand corrected. EVS tomorrow, no GGREEEE sperg?
 
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PomegranateKing

A pomegranate a day keeps the thots away
kiwifarms.net
It's the calm before the storm. Nick apparently is going to let some anti-GamerGate troll from ggrevolt (a troll group that was all about false flagging GG) tomorrow. Expect full on gay ops, like Nick letting the guy on and suddenly porn or 1488 crap being played on the screen so that his buddies can flag Nick's channel into being unable to livestream until November.
You're behind on the news. Ethan Van Schiver instead. The troll was cancelled, and has been oddly silent about it since.
 

Garm

kiwifarms.net
I think someone said that the statute of limitations is about a year for Vic to file a suit. If Funimation goes for a TCPA appeal, is that going to screw with round 2?

I ask because Ty seems the kind of man that would concentrate his forces on a single goal. Having potentially 2 lawsuits against 8 defendants simultaneously is something Ty would like to avoid.
 

Markorian

kiwifarms.net
I think someone said that the statute of limitations is about a year for Vic to file a suit. If Funimation goes for a TCPA appeal, is that going to screw with round 2?

I ask because Ty seems the kind of man that would concentrate his forces on a single goal. Having potentially 2 lawsuits against 8 defendants simultaneously is something Ty would like to avoid.
IANAL, but I think the deadline is 1 year from them becoming aware of the action, rather than one year from its occurrence. If this is true, things that come out in discovery should be fair game.
 
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