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

Not A Bug

I'm not a bug I tell ya!
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Would a Funimation settlement now only protect themselves from the actions of the other three dummy's currently in the suit? What happens if after settlement it's found that Sabat or other agents were using vice principal status to pressure more cons, etc? Or would Ty get Funi's information first and increase settlement costs as more agents are found doing illegal shit?
I am not a lawyer but I would suspect that any settlement with Funimation would include everything they have on the other parties, a public retraction/apology and enough cash to make the damage done sting a whole lot less.
 

BigDuckEnergy

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Would a Funimation settlement now only protect themselves from the actions of the other three dummy's currently in the suit? What happens if after settlement it's found that Sabat or other agents were using vice principal status to pressure more cons, etc? Or would Ty get Funi's information first and increase settlement costs as more agents are found doing illegal shit?
Remember, Sabat did cancel his tour and he was also supposedly one of the people blowing up the con owners phone when Vic was invited back.
 

AnOminous

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Another way to think of it is "saying Sorry costs them nothing but whats already expected in their operations budget." So long as they seperate themselves from the idiot VA's. The VA's face exemplery damages. No way does funi want a piece of that.
Funimation also faces exemplary damages if Round 2 arrives. Iago would be a defendant in that and he's a vice principal of the corporation, and his malice can be attributed to them, according to Hammerly Oaks.
 

Slab Bulkhead

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I am not a lawyer but I would suspect that any settlement with Funimation would include everything they have on the other parties, a public retraction/apology and enough cash to make the damage done sting a whole lot less.
Basically how a settlement works in Joint and Several liability is Funimation can settle, and you can continue the lawsuit against the other defendants, however any amount that Funimation settles for is taken out of the primary damages. So if the listed damages are 1 million dollars, and funimation settles for 500k, then the remaining defendants are still on the hook for 500k + whatever punitive damages may be.
 
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N1bbaN3rd

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What happens if after settlement it's found that Sabat or other agents were using vice principal status to pressure more cons, etc? Or would Ty get Funi's information first and increase settlement costs as more agents are found doing illegal shit?
ROUND 2.........FIGHT!!!!!
(assuming that Vic wants to keep going after the people that wronged him)
 

5t3n0g0ph3r

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I am not a lawyer but I would suspect that any settlement with Funimation would include everything they have on the other parties, a public retraction/apology and enough cash to make the damage done sting a whole lot less.
I would also throw in a provision to make sure Funimation properly credit Vic on Amazon, Google Play, etc.
 

N1bbaN3rd

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The hearing date is on the 31st, trial date will most likely be confirmed after the hearing, but has not yet been confirmed.
If I'm not mistaken, the hearing on the 31st is a hearing to settle a dispute over depositions - Casey is trying to file a TCPA motion after Vic's deposition before Ty has a chance to depose MoRon (when a TCPA motion is filed, there is a stay discovery for up to 90 days). The trial proper probably won't start for at least another month (possibly longer, depending on how long the judge takes to rule on the TCPA motion and on how long the rest of the discovery phase takes).

You also have to keep in mind that the other defendants are further behind in the proceedings - Marchi still hasn't even been served yet, Funimation have been served but BHBH have agreed to let them file their response to the initial filing last.
 
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Mr Bojangles

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I have a theory on Casey's strategy: he's trying to motivate a favorable settlement for MoRonica. Think of it from his perspective. With the facts and law he's got, it's likely he loses the case if it goes the whole way. So settlement is the rational option. With that decision made, his goal shifts to getting the best settlement possible. Normally, Casey would put forward the strongest case he can so the opposing party thinks "hmmm, there's a chance we lose if we go to trial so let's settle". But he can't do that here. His case is shit and he knows it.

So how does he create leverage for settlement negotiations? He makes the process as painful as possible for Vic.

In this light his filings and general strategy make sense.
  • Putting PULL and tumblr references in his answer actually hurt his legal case. But it increases the damage to Vic's reputation (in theory).
  • Running up billable hours by engaging in scheduling shenanigans makes things more financially painful for Vic.
  • His presumed strategy of deposing Vic first and then getting the discovery stay with a TCPA motion gives his clients more ammo they can use to cause Vic further reputation pain.
Then during the TCPA deposition stay period, while his clients and allies continue dragging Vic through the mud, Casey approachs Ty and Vic with the old "you can make this all stop if you settle".

Or he's just exceptional.
 

HeyYou

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I have a theory on Casey's strategy: he's trying to motivate a favorable settlement for MoRonica. Think of it from his perspective. With the facts and law he's got, it's likely he loses the case if it goes the whole way. So settlement is the rational option. With that decision made, his goal shifts to getting the best settlement possible. Normally, Casey would put forward the strongest case he can so the opposing party thinks "hmmm, there's a chance we lose if we go to trial so let's settle". But he can't do that here. His case is shit and he knows it.

So how does he create leverage for settlement negotiations? He makes the process as painful as possible for Vic.

In this light his filings and general strategy make sense.
  • Putting PULL and tumblr references in his answer actually hurt his legal case. But it increases the damage to Vic's reputation (in theory).
  • Running up billable hours by engaging in scheduling shenanigans makes things more financially painful for Vic.
  • His presumed strategy of deposing Vic first and then getting the discovery stay with a TCPA motion gives his clients more ammo they can use to cause Vic further reputation pain.
Then during the TCPA deposition stay period, while his clients and allies continue dragging Vic through the mud, Casey approachs Ty and Vic with the old "you can make this all stop if you settle".

Or he's just exceptional.
That makes no sense because I'm sure Ty would jump at the chance to settle. All lawyers would. Maybe Casey is trying to settle for less by doing this, but this has to be the most exceptional way to do it. Just go to Ty and negotiate. I really think MoRon told Casey they don't plan to settle (because they'll look like they've lost) and want this to go to court but at the same time don't really care to actually do what's required to be in court, so Casey is just throwing every single shit lawyering move at the wall to see what sticks.
 

N1bbaN3rd

kiwifarms.net
Then during the TCPA deposition stay period, while his clients and allies continue dragging Vic through the mud, Casey approachs Ty and Vic with the old "you can make this all stop if you settle".
This is poor reasoning. If anything, Casey should be advising his clients to shut their stupid fucking mouths. Any further monkey business on MoRon's part will further motivate Funimation (and Marchi, if she ever bothers to get a fucking lawyer) into settling, at which point Ty can tell Monica to go eat a jellybean.........if she can even afford one after the judgement that's coming her way.
I think Casey's thinking is "Well, my clients are fanatical morons who won't settle, and the case is unwinnable. I could say no.......or I could run up the billable hours until I can afford to buy that Audi that Ron was talking about."
 
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AlexJonesGotMePregnant

do you are have stupid
kiwifarms.net
I have a theory on Casey's strategy: he's trying to motivate a favorable settlement for MoRonica. Think of it from his perspective. With the facts and law he's got, it's likely he loses the case if it goes the whole way. So settlement is the rational option. With that decision made, his goal shifts to getting the best settlement possible. Normally, Casey would put forward the strongest case he can so the opposing party thinks "hmmm, there's a chance we lose if we go to trial so let's settle". But he can't do that here. His case is shit and he knows it.

So how does he create leverage for settlement negotiations? He makes the process as painful as possible for Vic.

In this light his filings and general strategy make sense.
  • Putting PULL and tumblr references in his answer actually hurt his legal case. But it increases the damage to Vic's reputation (in theory).
  • Running up billable hours by engaging in scheduling shenanigans makes things more financially painful for Vic.
  • His presumed strategy of deposing Vic first and then getting the discovery stay with a TCPA motion gives his clients more ammo they can use to cause Vic further reputation pain.
Then during the TCPA deposition stay period, while his clients and allies continue dragging Vic through the mud, Casey approachs Ty and Vic with the old "you can make this all stop if you settle".

Or he's just exceptional.
It seems like a good way to keep his clients salivating while the bill runs up; if Casey was playing friendly, the morons would probably be endlessly bitching over the bill. As long as they think they see blood, they seem pretty content to ignore the billable hours. Vic has been clear that this lawsuit was a last resort anyways so whatever defamation they squeeze in with immunity like in the original answer mitigates the matter- having a public record of the vindictiveness is gonna make him look even better in retrospect than if they had quietly settled.
 

FreeHugsCheap

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View attachment 764648

So, question to the lawyers here, how bad is it to be mocking the fact you are avoiding service? I know it is BAD, but what exactly would it do?
From the panel of lawyers on Nick's stream Friday night it sounds like it is more dependent on how the judge sees it. It's not likely to get her in any legal trouble from what I understand; but from the sounds of it her actions are INCREDIBLY stupid if she's hoping for any hint of deference from the man with the gavel.

I think @AnOminous had said something similar either in this thread or another if my memory serves me right.
 

KiwiLedian

One annoyed ladybug
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View attachment 764648

So, question to the lawyers here, how bad is it to be mocking the fact you are avoiding service? I know it is BAD, but what exactly would it do?
She can keep running but if the case against her defaults, which is likely, running will have to include leaving the country not sticking to her house if she wants to avoid what happens then. At least if she got a lawyer and settled, it might not be the full amount but if she defaults, it will be the full amount pleaded by BHBH and that's probably more than she can afford.
 

AStupidMonkey

srsly, wtf is dis shit?
kiwifarms.net
I think Casey's thinking is "Well, my clients are fanatical morons who won't settle, and the case is unwinnable. I could say no.......or I could run up the billable hours until I can afford to buy that Audi that Ron was talking about."
Keep in mind, his clients are the kind of people who think reporting a lawyer for saying wrongthink is a good idea.

What are the odds Casey secretly hates these two? It would explain the running up the bill and the shitty pleadings.

And if when they report him to the Bar Association, he can still say "I wrote everything exactly as they asked and used the evidence they gave me."
 

Gehenna

With every step, my Autism grows.
kiwifarms.net
Keep in mind, his clients are the kind of people who think reporting a lawyer for saying wrongthink is a good idea.

What are the odds Casey secretly hates these two? It would explain the running up the bill and the shitty pleadings.

And if when they report him to the Bar Association, he can still say "I wrote everything exactly as they asked and used the evidence they gave me."
I'm of two minds on this. He has gone about it a bit TOO shittily for me to be completely comfortable with believing this is just the minimum effort since this is SUB minimum effort and I'd expect him to have some level of professionalism to avoid BAR issues.
On the other hand, I cannot reconcile someone working for 15 years in the field with no prior complaints I can find and their standard work being... this.
 
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AnOminous

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So how does he create leverage for settlement negotiations? He makes the process as painful as possible for Vic.
All he's actually doing is driving up the costs. Vic can't really afford to settle for anything less than the cost of destroying his career, plus his legal costs.

The more MoRon drives up those costs, the more they drive up what Vic needs to settle.

His idiotic strategy is based on completely miscalculating what the actual legal scene is.

I think @AnOminous had said something similar either in this thread or another if my memory serves me right.
More or less. You're not obligated to make it easy to serve you and you won't usually get in trouble for shenanigans like that at the outset, but the fact this dummy has not only engaged in shenanigans but also openly taunted the court about it isn't going to do her any favors if she ever needs a bit of indulgence from the court. She has burned her get away with bullshit once pass.
 
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