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

OneHandClapping

Shamefur dispray
kiwifarms.net
Is this usual in law where it looks like the parent is standing there asking a child why the cookie jar is smashed and they just rattle off excuses that end up contradicting their previous excuses?

"We didn't do anything"
"He already had a bad rep"
"He brought it on himself"
"We had nothing to do with this, it was them"
"But it was all true!"
"It was just rumors"
"It was just banter"
In short, yes. If you don't name an affirmative defense you can't use it later on, hence the shotgun approach. Better to have it and not need it rather than need it and not have it.

And even if they contradict each other (for example, "It's not defamation because it was true," and "it's not defamation because it was opinion") the defenses don't impeach each other.
 

repentance

True & Honest Fan
kiwifarms.net
Is this usual in law where it looks like the parent is standing there asking a child why the cookie jar is smashed and they just rattle off excuses that end up contradicting their previous excuses?

"We didn't do anything"
"He already had a bad rep"
"He brought it on himself"
"We had nothing to do with this, it was them"
"But it was all true!"
"It was just rumors"
"It was just banter"
Yes it's usual. They won't end up arguing all of those defences at trial.
 

V0dka

I'm drunk.
kiwifarms.net
In short, yes. If you don't name an affirmative defense you can't use it later on, hence the shotgun approach. Better to have it and not need it rather than need it and not have it.

And even if they contradict each other (for example, "It's not defamation because it was true," and "it's not defamation because it was opinion") the defenses don't impeach each other.
I think they neglected the insanity defense because from what we've seen it makes a plausible case.
 
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Malfunctioning Alcoholic

I need more beer to cure my hangover
kiwifarms.net
Okay, Nick explained this on last night's stream. Apparently, it is supposed to go to all attorneys of record, but Marchi's attorney isn't listed in the e-file system yet.
For fuck's fucking sake, what's with all the people with the S profile pictures? Sketcher, please change your avatar so I don't mistake you for Shane, I almost gave you a dumb vote out of reflex. Actually, fuck it, I'm giving you a dumb vote for not adding an avatar to your profile when you signed up.
 

repentance

True & Honest Fan
kiwifarms.net
For fuck's fucking sake, what's with all the people with the S profile pictures? Sketcher, please change your avatar so I don't mistake you for Shane, I almost gave you a dumb vote out of reflex. Actually, fuck it, I'm giving you a dumb vote for not adding an avatar to your profile when you signed up.
The mods should give them all shoe avatars out of spite.
 

Wake me up

CωC Club founder
kiwifarms.net
A competent, concise legal document outlining a strategy with many reasonable lines of defense? Are we actually seeing the first defendant's lawyer to enter the stage that isn't a complete lolyer?! OwO

The request for a jury trial leaves me confused: FUNi has a lot of workable lines of defense here but they are all legalese and technical - the kind of thing a jury of average folk (Texans or otherwise) usually don't understand, care about or even sympathize with, as it's the sort of thing that the system uses to crush them personally way too often. It seems to me that having to convince an entire jury to understand and care about the minutiae of law would be counter-productive to their defense.

And that's not even to mention how deep the jury is going to be willing to bury MoRonicas and Mariachi once the trial starts rolling, and Ruination will just get dragged along for sure... Wouldn't it be in their best interest not to have a jury, if possible?

Also, having filed this, does that mean that FUNimation doesn't intend to settle, as we were previously hoping for and assuming, since Ty said several times he was open for settlements and by far and large FUNi has the most to lose in all of this, being the fool with the money that's gonna have to actually produce the damages on behalf of all the other Twitter bufoons?

Does anyone want to wage on whether this filing is by in-house or externally-hired FUNi lawyers, given its quality? :lit:
 

PrinceofAllCucks

kiwifarms.net
Also, having filed this, does that mean that FUNimation doesn't intend to settle, as we were previously hoping for and assuming, since Ty said several times he was open for settlements and by far and large FUNi has the most to lose in all of this, being the fool with the money that's gonna have to actually produce the damages on behalf of all the other Twitter bufoons?
Any of the defendants (besides Ronica due to the exceptionalism of their answer) have a chance to settle at any time prior to judgement. Giving an answer to the petition doesn't mean that they won't be settling at all.
 

Soviras

No. Stop it now.
kiwifarms.net
Also, having filed this, does that mean that FUNimation doesn't intend to settle, as we were previously hoping for and assuming, since Ty said several times he was open for settlements and by far and large FUNi has the most to lose in all of this, being the fool with the money that's gonna have to actually produce the damages on behalf of all the other Twitter bufoons?
Funi might still be working on the settlement talks, but they HAVE TO respond and file their defense before a deadline or they automatically lose. They might be very willing to settle, but they have to act in the assumption that settlement won't happen just in case it doesn't work out in the end.

Also it's not the first competent lawyer. Marchis lawyer isn't too bad either, though her personal actions leave something to be desired... She was avoiding the papers, and there's no denying that as that was the conclusion of the process server (which is an unrelated third party with no stake in the case), and she turns it into a joke... That's more work for the judge, and one way to get a fast track to the judges bad books.

Casey was just dealt a bad hand. He represents his clients the way they want him to, and that's his job. If that results in a completely stupid strategy, that falls apart under the lightest scrutiny... Can't blame him for having to solve the unsolvable. In other cases he shows more competence, so I expect this sideshow he's making of it to be thanks to the clients wishes.
 

Urbanmech

Got an AC 10 and not afraid to use it!
kiwifarms.net
A competent, concise legal document outlining a strategy with many reasonable lines of defense? Are we actually seeing the first defendant's lawyer to enter the stage that isn't a complete lolyer?! OwO

The request for a jury trial leaves me confused: FUNi has a lot of workable lines of defense here but they are all legalese and technical - the kind of thing a jury of average folk (Texans or otherwise) usually don't understand, care about or even sympathize with, as it's the sort of thing that the system uses to crush them personally way too often. It seems to me that having to convince an entire jury to understand and care about the minutiae of law would be counter-productive to their defense.

And that's not even to mention how deep the jury is going to be willing to bury MoRonicas and Mariachi once the trial starts rolling, and Ruination will just get dragged along for sure... Wouldn't it be in their best interest not to have a jury, if possible?

Also, having filed this, does that mean that FUNimation doesn't intend to settle, as we were previously hoping for and assuming, since Ty said several times he was open for settlements and by far and large FUNi has the most to lose in all of this, being the fool with the money that's gonna have to actually produce the damages on behalf of all the other Twitter bufoons?

Does anyone want to wage on whether this filing is by in-house or externally-hired FUNi lawyers, given its quality? :lit:
Nick seemed to imply settlements usually occurring after TCPA and Summary Judgment phases, basically the point when it will be going to Trial could see some but with these individuals could see no settlements either.
 

Dopey Cunt

I'm in gay with you.
kiwifarms.net
Also, having filed this, does that mean that FUNimation doesn't intend to settle, as we were previously hoping for and assuming, since Ty said several times he was open for settlements and by far and large FUNi has the most to lose in all of this, being the fool with the money that's gonna have to actually produce the damages on behalf of all the other Twitter bufoons?
Funimation is run by woke, spoiled assholes. Settling was never a possibility with them. Remember, we're dealing with people who would rather completely annihilate their own careers and seppuku themselves into oblivion before ever admitting they were wrong.
This actually works out how I want it to though. The more Funimation tanks it's credibility and rep, the higher chance they have of shutting down altogether. No one wants to have dealings with a company that's corrupt to a literally insane degree. They are running on borrowed time whether they win or not because now all the spoopy scary skeletons are coming out of the closets en mass and it's only a matter of time before word of all this reaches the folks who aren't aware of this little shit show. I never wanted Funi to settle. I wanted them to fight a hopeless battle...and get deleted.
 
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