Victor Mignogna v. Funimation Productions, LLC, et al. (2019) - Vic's lawsuit against Funimation, VAs, and others, for over a million dollars.

AnOminous

μολὼν λαβέ
True & Honest Fan
Retired Staff
kiwifarms.net
There is a lot to wade through here. Along with one deeper underlying legal issue? If TCPA applies in this case, then what doesn't it apply too? And has it effectively removed all defamation laws in Texas?
Well, on Planet Chupp, it isn't defamation to call someone a rapist hundreds of times and get them fired from their job, but it is to say your auto mechanic didn't do a good job with mountains of evidence they didn't.
So if I call you a rapist, I'm probably defaming you, but unless you can prove that I've actually done some sort of damage to you with these words I could probably get away with it.
That would be defamation per se because you are both accusing them of sexual misconduct and a criminal act. You would eventually have to prove damages but at the summary judgment or SLAPP portion of the case, damages would be presumed. So you might ultimately "get away with it" but only after a lengthy and expensive trial on the merits.
 

Fictional Character

kiwifarms.net
There is a lot to wade through here. Along with one deeper underlying legal issue? If TCPA applies in this case, then what doesn't it apply too? And has it effectively removed all defamation laws in Texas?

Wasn't the TCPA amended in 2019 after the case was filed specifically to narrow its scope? So whatever the results of this particular appeal, it would be only relevant to an obsolete version of the law. Yet another reason why the appeals court won't hurry too much.
 

AnOminous

μολὼν λαβέ
True & Honest Fan
Retired Staff
kiwifarms.net
Wasn't the TCPA amended in 2019 after the case was filed specifically to narrow its scope? So whatever the results of this particular appeal, it would be only relevant to an obsolete version of the law. Yet another reason why the appeals court won't hurry too much.
It doesn't really affect this case, at least not most of it. The only issue that would be moot is the sanctions, which are now discretionary instead of mandatory. I think the TCPA would be applicable to this case under both versions of the statute otherwise.

If there's anything where the new statute would change the result, they'll probably specifically note the part of the ruling applicable only under the old statute. I suppose there might be an exception for "matter of public concern" too.
 

Divine right to rule

Per asperga ad astra
kiwifarms.net
Well, on Planet Chupp, it isn't defamation to call someone a rapist hundreds of times and get them fired from their job, but it is to say your auto mechanic didn't do a good job with mountains of evidence they didn't.

That would be defamation per se because you are both accusing them of sexual misconduct and a criminal act. You would eventually have to prove damages but at the summary judgment or SLAPP portion of the case, damages would be presumed. So you might ultimately "get away with it" but only after a lengthy and expensive trial on the merits.
Didn't ALL claims get dismissed under the TCPA, including Tortious interference? I can somehow understand dismissing Defamation on free speech grounds, but threatening a con to pull sponsorship and breach of your own contract, and others, if they don't breach the contract with Vic?
I am not american, but how the fuck could something like that be dismissed through something like the TCPA? It wasn't even public speech, it was private correspondence. Have I missed something or was that dismissal especially retarded, even for the Chuppmeister?
 

AnOminous

μολὼν λαβέ
True & Honest Fan
Retired Staff
kiwifarms.net
I am not american, but how the fuck could something like that be dismissed through something like the TCPA? It wasn't even public speech, it was private correspondence. Have I missed something or was that dismissal especially retarded, even for the Chuppmeister?
It has a speech element but it was commercial speech, which is subject to more regulation. I could see such a claim being dismissed under the TCPA, but it would have to be constitutionally protected speech in the first place. Offering to pay someone to break the law, which is what Ron did, isn't.
 
Well I picked GreedFall as my next rpg while we wait but I'm kind of in this weird vibe of dreading getting a decision cause there's a good chance Vic gets screwed or only the MoRon stuff comes back. Though that would be hilarious after Ron has sperged all over twatter that they won and Soynimation would kick kick Monica's fat ass to the curb. But Vic won't get any money off them and Funi will continue to throw its weight onto cons to pull talent if they bring Vic on.
 

Terrifik

kiwifarms.net
I think there are reasonably good odds it will come out either tonight or next week, but if it doesn't, it could take a year or more (from submission not from now).
most likely they will do shit next week because its fourth of july week next week
 

axfaxf

kiwifarms.net
I think there are reasonably good odds it will come out either tonight or next week, but if it doesn't, it could take a year or more (from submission not from now).
Land of the free, home of the brave. Fuck´em. ^^

Slightly sorry. I fucking love America! There, that should be it. :).
 
Last edited:
The TCPA and related are supposed to protect people who have not defamed people and/or haven't done any damage to them. So if I call you a rapist, I'm probably defaming you, but unless you can prove that I've actually done some sort of damage to you with these words I could probably get away with it. Thus, busy courts are theoretically spared from having to bother with that case. Of course, different states have different specifics.
TCPA is ostensibly to protect free speech from being silenced by litigious people. Damages are part of the claim, but the intent of the TCPA is to prove out that this is not just a strong arm tactic before the defendant is hog tied for months while trying to defeat the underlying elements as the egregious plaintiff ties drags things out.
Didn't ALL claims get dismissed under the TCPA, including Tortious interference? I can somehow understand dismissing Defamation on free speech grounds, but threatening a con to pull sponsorship and breach of your own contract, and others, if they don't breach the contract with Vic?
I am not american, but how the fuck could something like that be dismissed through something like the TCPA? It wasn't even public speech, it was private correspondence. Have I missed something or was that dismissal especially retarded, even for the Chuppmeister?
Well, there is a bit of a question about *which* claims Chupp ruled on. The really damaging Slatosch text with in the 2nd Amended Petition--which Lemons and co object to including due to timing being close to a hearing. Chupp heard their objection, but never gave a clear answer or not, so we do not know for sure if it is in the official record or not.

The Chuppery here just goes to show that *anyone* who says they know what is going to happen is lying. We don't even know what is in the record!
 

TheClappening

TwoHandsSlapping
True & Honest Fan
kiwifarms.net
I think there are reasonably good odds it will come out either tonight or next week, but if it doesn't, it could take a year or more (from submission not from now).
F5 F5 F5 F5 F5

SEE YOU NEXT WEEK

1624588301385.png
 

I'm not a Robot

kiwifarms.net
With regard to the guidelines for the court of appeals, it could still be a while.

Submitted: 09/09/2020 (9 months, 15 days)
https://search.txcourts.gov/Case.aspx?cn=02-19-00337-CV&coa=coa02

Submitted: 03/03/2020 (1 year, 3 months)
https://search.txcourts.gov/Case.aspx?cn=02-19-00410-CV&coa=coa02

Submitted: 12/10/2019 (1 year, 6 months)
https://search.txcourts.gov/Case.aspx?cn=02-19-00156-CV&coa=coa02

Submitted: 12/11/2019 (1 year, 6 months)
https://search.txcourts.gov/Case.aspx?cn=02-19-00257-CV&coa=coa02

^Oh, this one had an update recently. A motion for leave to file a supplemental authority based on a June 11th, 2021 decision.
 
Last edited:

TheClappening

TwoHandsSlapping
True & Honest Fan
kiwifarms.net
With regard to the guidelines for the court of appeals, it could still be a while.

Submitted: 09/09/2020 (9 months, 15 days)
https://search.txcourts.gov/Case.aspx?cn=02-19-00337-CV&coa=coa02

Submitted: 03/03/2020 (1 year, 3 months)
https://search.txcourts.gov/Case.aspx?cn=02-19-00410-CV&coa=coa02

Submitted: 12/10/2019 (1 year, 6 months)
https://search.txcourts.gov/Case.aspx?cn=02-19-00156-CV&coa=coa02

Submitted: 12/11/2019 (1 year, 6 months)
https://search.txcourts.gov/Case.aspx?cn=02-19-00257-CV&coa=coa02
None of those are TCPA cases, which are ostensibly on an accelerated timetable.
 
Top