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NEWS: Vic Mignogna Sues Funimation, Jamie Marchi, Monica Rial, Ronald Toye


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DerekL1963
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Joined: 14 Jan 2015
Posts: 1117
Location: Puget Sound
PostPosted: Fri Apr 19, 2019 1:39 pm Reply with quote
Ron Donald wrote:
uh, no. It's defamation per se. the people being sued have to prove they're telling the truth. that's why vic's attorney specifically requested ron toye literally name the 100+ women he claims vic "assaulted."


No. That's not how it works. Vic filed suit, and Vic has to prove they were lying. And with the conspiracy claim, he not only only has to prove they deliberately lied - but that they cooperated with others in a concerted, deliberate, and knowing effort.

Conspiracy is hard to prove in the best of cases, and the standards of proof are high in civil cases.

To make myself abundantly clear: In America, the burden of proof lies with the accuser (Vic), not with the accused (Funimation, et al).

Quote:
people claiming this is going to get kicked immediately are delusional. the judge they got is a republican and it's taking place in texas. you really think he's going to entertain a bunch of frivolous "#metoo" garbage about jellybeans when the brett kavanaugh stuff is still fresh in everyone's minds?


Even in Texas, the judges still have to stay (more-or-less) within the law lest they be reversed on appeal.

Noggy wrote:
Defamation per se just means that Vic doesn't have to prove exact monetary damage and/or damage to his reputation.


0.o

"Defamation" literally means "damage to reputation". Suing someone for "defamation" literally means "the person filing suit has to prove that damage was done".
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AmpersandsUnited



Joined: 22 Mar 2012
Posts: 633
PostPosted: Fri Apr 19, 2019 1:41 pm Reply with quote
ECW28 wrote:
Name one instance someone’s been sexually harassed and thought “I should pull out my camera and record this just in case I have to take this to court”.


The big prolific case that comes to mind is the numerous victims of Harvey Weinstein have recorded their encounters with him and then filed police reports against him immediately after the encounters.
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Alestal



Joined: 22 Apr 2005
Posts: 605
Location: Dallas, Texas
PostPosted: Fri Apr 19, 2019 1:42 pm Reply with quote
CrowLia wrote:

It does say a lot about their values and the legitimacy of this whole charade that they went out of their way to find a Republican judge in a Republican state in a "conservative" county to ensure their victory; it's almost like they're using this whole thing just as political propaganda and a personal vendetta agains #MeToo and women in general


Yeah, probably not. Anime isn't exactly on the forefront of popular culture or politics...

It was probably because Funimations offices are located in Flower Mound, which is in Tarrant Countys jurisdiction.
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addiemon



Joined: 06 Mar 2013
Posts: 93
PostPosted: Fri Apr 19, 2019 1:43 pm Reply with quote
Alestal wrote:
Honestly, Funimation/Sony should have reacted immediately and asked that the VAs involved not use their public platforms to bash a co-worker.


Mmm, I get where you're coming from, but telling victims of harassment not to speak publicly about their harassment isn't great optics either.

Company control over employees' (and contractors') social media presence is a very tricky topic.
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Alestal



Joined: 22 Apr 2005
Posts: 605
Location: Dallas, Texas
PostPosted: Fri Apr 19, 2019 1:51 pm Reply with quote
addiemon wrote:
Alestal wrote:
Honestly, Funimation/Sony should have reacted immediately and asked that the VAs involved not use their public platforms to bash a co-worker.


Mmm, I get where you're coming from, but telling victims of harassment not to speak publicly about their harassment isn't great optics either.

Company control over employees' (and contractors') social media presence is a very tricky topic.


Yes, but we have avenues for victims to go through to obtain justice. They made some bold claims and will have to back them up.

Also, I have signed social media use policies many many times over the course of my career as a condition of my employment. Employment-at-will gives companies exclusive control over their policies and bear in mind that Texas is also a non-union state.
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Animehermit



Joined: 05 Aug 2007
Posts: 964
Location: The Argama
PostPosted: Fri Apr 19, 2019 2:09 pm Reply with quote
ZephyrVayu wrote:


True, you don't need as much evidence to fire someone who uninvite them from conventions, it's just a pretty sh*tty thing to do imo.


Is it? Because not being invited to a thing is pretty tame. Also convention organizers can invite and not invite whomever they want. They don't "owe" Mignongna an invite.

ZephyrVayu wrote:

And I'm not sure if you know what "compare" means. Because I only said that always listening and believing was a slippery slope which has led to miscarriages of justice and lynching in the past. I never compared anything directly. It's easy to latch onto a small thing someone said and misconstrue it in order to discredit their entire post.


You literally compared them. Even indirectly it's incredibly disingenuous to compare things like lynching to not being given acting roles and not being invited to a convention. Are you from the US? Because if you are you should know that lynching has a particularly racist history and unless Vic Mignogna was being hunted down by an unruly mob and physically attacked, then the comparison is extremely tacky and dishonest.

Also the slippery slope is a fallacy for a reason.
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addiemon



Joined: 06 Mar 2013
Posts: 93
PostPosted: Fri Apr 19, 2019 2:15 pm Reply with quote
Alestal wrote:
Yes, but we have avenues for victims to go through to obtain justice. They made some bold claims and will have to back them up.

Also, I have signed social media use policies many many times over the course of my career as a condition of my employment. Employment-at-will gives companies exclusive control over their policies and bear in mind that Texas is also a non-union state.


Funi might have one, but we don't know what it covers or how enforceable it really is. (Many such policies are written in overly broad language or have other issues.) I've lived and worked in Texas and signed plenty of employment agreements there. A lot of what you sign isn't legally enforceable (in Texas or elsewhere), but employees don't know that, so employers keep 'em in.

But honestly, that's all beside the point; what I'm saying is that the optics of a company seeming to engage in actively silencing harassment victims would be terrible.

(Lightly edited for clarity.)
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Alestal



Joined: 22 Apr 2005
Posts: 605
Location: Dallas, Texas
PostPosted: Fri Apr 19, 2019 2:32 pm Reply with quote
[quote="addiemon"]
Alestal wrote:


But honestly, that's all beside the point; what I'm saying is that the optics of a company seeming to engage in actively silencing harassment victims would be terrible.

(Lightly edited for clarity.)


I understand what you are saying, however, Funimation was named in this lawsuit. Having those agreements on file at least shows that management was doing their due diligence in trying to protect the company and the employees from defamation/harassment.
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El Hermano



Joined: 24 Feb 2019
Posts: 450
Location: Texas
PostPosted: Fri Apr 19, 2019 2:32 pm Reply with quote
addiemon wrote:
But honestly, that's all beside the point; what I'm saying is that the optics of a company seeming to engage in actively silencing harassment victims would be terrible.


That's probably what it boils down to at the end of the day, isn't it? It's not about what's legal, it's about social ramifications. People in this thread are genuinely upset Vic is filing a lawsuit against these people. Not because he has no legal ground to to defend his name, but because it's not the socially conscious thing to do. Him defying the accusations and saying they're lying and going to court to prove it is not the socially progressive thing to do. To believe victims without question. He should have just lied down and taken it, because it's the right thing to do to not challenge accusations levied against you.

The sad part is you're probably right. Funimation should have told those people making 400 Tweets on the subject to stop escalating the situation and leaving incriminating evidence all over the place, but they knew if they did they would get blowback from their own and get accused of victim shaming, so they chose to say nothing instead.. And that might end up biting them in the butt because of it.
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ZephyrVayu



Joined: 02 Jan 2012
Posts: 79
PostPosted: Fri Apr 19, 2019 2:34 pm Reply with quote
Animehermit wrote:
ZephyrVayu wrote:


True, you don't need as much evidence to fire someone who uninvite them from conventions, it's just a pretty sh*tty thing to do imo.


Is it? Because not being invited to a thing is pretty tame. Also convention organizers can invite and not invite whomever they want. They don't "owe" Mignongna an invite.

ZephyrVayu wrote:

And I'm not sure if you know what "compare" means. Because I only said that always listening and believing was a slippery slope which has led to miscarriages of justice and lynching in the past. I never compared anything directly. It's easy to latch onto a small thing someone said and misconstrue it in order to discredit their entire post.


You literally compared them. Even indirectly it's incredibly disingenuous to compare things like lynching to not being given acting roles and not being invited to a convention. Are you from the US? Because if you are you should know that lynching has a particularly racist history and unless Vic Mignogna was being hunted down by an unruly mob and physically attacked, then the comparison is extremely tacky and dishonest.

Also the slippery slope is a fallacy for a reason.


Twisting my words again I see. I said it was sh*tty to uninvite him to an event he'd already been due to appear at. I can understand them not wanting to invite him to future events, if only for the bad PR it would encur. Regardless of what side the organizers fall on, that's just good business sense, can't judge them for it.

ZephyrVayu wrote:
Any accusor needs to provide evidence to backup their claims. This is how it is with every crime, we cannot make an exception just for sexual harrassment/assault. Obviously someone that comes forward saying they've been abused should not be dismissed or disbelieved, but it's illogical to expect everyone to take their word as gospel just because they're describing a henous act. That's how lynch mobs are formed and innocenct men end up in prison.


I want you to tell me where in there I compared being unvited to a convention to lynching. In a quote where I'm talking about false accusations in general, not even mentioning the Vic controversy. You've used a very common tactic, latching onto something minor I said (in this case my reference to historic lynchings) as a derailment tactic.

"Look at this guy! He's comparing what's happening to Vic to black people who were lynched!"

Grow up. Seriously.
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Animehermit



Joined: 05 Aug 2007
Posts: 964
Location: The Argama
PostPosted: Fri Apr 19, 2019 2:42 pm Reply with quote
ZephyrVayu wrote:


I want you to tell me where in there I compared being unvited to a convention to lynching. In a quote where I'm talking about false accusations in general, not even mentioning the Vic controversy. You've used a very common tactic, latching onto something minor I said (in this case my reference to historic lynchings) as a derailment tactic.

"Look at this guy! He's comparing what's happening to Vic to black people who were lynched!"

Grow up. Seriously.


I mean, you already derailed it by even talking about this. Saying that believing things at face value is how we got lynchings. When the thing we are believing is multiple women accusing someone of sexual misconduct. That's dishonest.

It's co-opting the oppression of someone else in order to make your point more legitimate.
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xBTAx



Joined: 05 Mar 2010
Posts: 189
PostPosted: Fri Apr 19, 2019 2:52 pm Reply with quote
DerekL1963 wrote:


No. That's not how it works. Vic filed suit, and Vic has to prove they were lying. And with the conspiracy claim, he not only only has to prove they deliberately lied - but that they cooperated with others in a concerted, deliberate, and knowing effort.

Conspiracy is hard to prove in the best of cases, and the standards of proof are high in civil cases.

To make myself abundantly clear: In America, the burden of proof lies with the accuser (Vic), not with the accused (Funimation, et al).

-

Even in Texas, the judges still have to stay (more-or-less) within the law lest they be reversed on appeal.

-

0.o

"Defamation" literally means "damage to reputation". Suing someone for "defamation" literally means "the person filing suit has to prove that damage was done".


Y’know, the posts you’re responding to here have made me realize something.

For people who love to constantly shout about “innocent until proven guilty” (in contexts that have nothing to do with a court room), it’s almost funny how people think “the defendants will have to prove they didn’t defame him” is how this works.

Cause that would mean they’d be assuming that the defendants here are guilty unless they can prove they’re innocent, lol. So you’d think it should be obvious to them that he’s the one who has to prove things here.[/i]
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ZephyrVayu



Joined: 02 Jan 2012
Posts: 79
PostPosted: Fri Apr 19, 2019 2:56 pm Reply with quote
Animehermit wrote:
I mean, you already derailed it by even talking about this. Saying that believing things at face value is how we got lynchings. When the thing we are believing is multiple women accusing someone of sexual misconduct. That's dishonest.

It's co-opting the oppression of someone else in order to make your point more legitimate.


You say "co-opting the oppression of someone else in order to make your point more legitimate", I say "using examples which help back up my point". We're not allowed to reference historic instances of oppression as examples anymore, even if they're relevent to the subject? You're latching onto the fact that I used to word "lynch" in an attempt to besmirch my entire character. I can see exactly what you're trying to do.

But I stand by my earlier point. If this were 100 years ago, Vic Mignogna may very well have been lynched by an angry mob. Mob justice. That's what happens when large groups of angry people take things at face value and react on impulse.
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GMArcturus



Joined: 31 May 2016
Posts: 56
PostPosted: Fri Apr 19, 2019 3:00 pm Reply with quote
Ryasha wrote:
ronelm2000 wrote:
Monica would have to prove that his dad joke is more than an isolated incident. As far as I know, replying to a fan with a shiptease merely that, a quip for a fan. The legal definition of sexual harassment doesn't include a onetime joke, afaik, unless it's that severe. Look, if Monics Rial has the proof, then I'm sure we'll see the proper response. Until then I will wait and ask questions. Ron Toye's claims tho are quite extreme (very likely his tweets were hyperbolic) so that will be quite a lead to follow.

That was literally one example. There are likely many more. If there weren't, they wouldn't have been an investigation or reason to fire him.
But regardless of all of that, it's still harassment. Per your own link, it's just not prohibited by the law if its a single occurrence or not severe. Nowhere does it say that him saying he ate her wouldn't be harassment. Just that if it only happened the one time or wasn't severe, it's not illegal.
Just because it's not punishable by the law on its own doesn't mean its not still harassment.

(Removed overquoting. --Crisha)

How many times does this have to be explained? Funimation is in Texas. Texas is an at-will employment state. Funimation can fire a VA for coughing too loud if they want. You have no point.
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Key
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Joined: 03 Nov 2003
Posts: 18274
Location: Indianapolis, IN (formerly Mimiho Valley)
PostPosted: Fri Apr 19, 2019 3:13 pm Reply with quote
Already removed one post for directly insulting another user, and there could be more deletions coming. I don't care how strongly you disagree with someone and/or their position; that is unacceptable.

Also, let's be careful with the whole lynching thing, as that is spinning in an unpleasant direction. America's unfortunate history with lynchings is a perfect example that the whole rush-to-judgment attitude is hardly a phenomenon resulting from the advent of social media, but that's all the farther that such references should go because lynchings had much deeper racial and social implications than what are involved in this case.
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