• Ever wanted an RSS feed of all your favorite gaming news sites? Go check out our new Gaming Headlines feed! Read more about it here.
  • We have made minor adjustments to how the search bar works on ResetEra. You can read about the changes here.

Protome

Member
Oct 27, 2017
15,716
Nice job on the summary. A few clarifications.

The independent charges against Jamie, Monica, and Ron are defamation, as well as tortious interference with contracts. For the latter, tortious just means that it's related to damaged (and thereby would grant monetary compensation) rather than a criminal charge, and the idea is that they ruined his existence and future contracts with conventions.

There are also charges that don't stand independently. Against the three, there's conspiracy, which obviously falls apart when there's nothing illegal they were conspiring to do. The other, which is directed at Funimation, is vicarious liability. That's essentially alleging that they were acting as agents of Funimation when they did this, so Funimation should also compensate.

People might be interested in knowing that Vic is asking for over a million dollars. Punitive damages have been mentioned, which means a payout that goes beyond just compensating Vic for damages simply to punish the offender.

I think it's also key to note that defamation requires that the act be intentional, in the sense that they were actually knowingly spreading falsehoods, and not substantially true, as in the very gist of the statement has to be wrong rather than just detail. The onus is on Vic as the accusor to demonstrate these.



The OP of the thread can do it, I think mods can as well. You can try PMing someone.
I'll update it in a little bit unless someone else posts an updated version themselves!

People might be interested in knowing that Vic is asking for over a million dollars. Punitive damages have been mentioned, which means a payout that goes beyond just compensating Vic for damages simply to punish the offender.

If someone beats me to updating it, I recommend noting alongside this that when asked in his deposition Vic said he didn't know how much he was suing for.
 

L Thammy

Spacenoid
Member
Oct 25, 2017
50,114
Protome
Also. Another defense against defamation is that Vic has been asserted to be libel-proof, meaning his reputation was so bad already that the defendants had nothing to damage even if they did defame him. Vic himself supported this argument when he referred to his reputation being damaged by "death of a thousand cuts" - his case is dependent on the defendants specifically being the ones causing the damage.

For the tortious interference bit, a few staff members from conventions which have cancelled have went on record to state that defendants did not influence them, and Vic himself has admitted that he doesn't know they're responsible.

On the vicarious liability bit, the defense's claim is that since they're independent contractors and not employees, they aren't agents of Funimation.

(P.S. stop reminding me that I still haven't watched the Clear Card series)
 

Primus

Member
Oct 25, 2017
3,847
Just under 30 minutes out from today's 5pm deadline for Percy. Expecting him to file with seconds to spare for no good reason other than to be an asshole.
 

Protome

Member
Oct 27, 2017
15,716
Yeah, I don't think the deadline is 5pm, 5pm is just when the Judge leaves for the weekend I think? Beard can file any time before midnight, he's just now guaranteeing the judge has less time to read his filings because he wont see them until next week.
 

Katten

Member
Oct 27, 2017
2,502


That isn't the correcting tweet I mentioned, but I assume this is what Lemoine was teasing him about.
 

Eraser Head

Member
Aug 22, 2019
39
Oregon
I was just wondering if someone explain what the jellybean incident is? I've seen it being used by ConVic's to either prove his innocence or the real reason he was fired in the first place, being that it was blown out proportion by Monica or something like that.
 

Katten

Member
Oct 27, 2017
2,502
I was just wondering if someone explain what the jellybean incident is? I've seen it being used by ConVic's to either prove his innocence or the real reason he was fired in the first place, being that it was blown out proportion by Monica or something like that.

Named Jellybeans. Rial had some made. Vic ate one and made some "I am eating Monica" remark when he ate it, afair.
 

RockGun90

Member
Jul 28, 2018
438
I was just wondering if someone explain what the jellybean incident is? I've seen it being used by ConVic's to either prove his innocence or the real reason he was fired in the first place, being that it was blown out proportion by Monica or something like that.
If I remember right, once at a con, Vic wrote Monica's name on a jellybean and said, "look, I'm EATING Monica". Vicstans were trying to say that was the incident that Monica was referring to and trying to cover up the actual allegations.
 

Primus

Member
Oct 25, 2017
3,847
I was just wondering if someone explain what the jellybean incident is? I've seen it being used by ConVic's to either prove his innocence or the real reason he was fired in the first place, being that it was blown out proportion by Monica or something like that.

Part of the evidence for Vic being "fired" from Funimation (as much as you can fire an external contractor) was an indicent involving Monica Rial and Vic where Vic wrote Monica's name on a jellybean, ate it, then said "Now I've eaten Monica." in a sexually suggestive way.

Vicstans have long proclaimed that this was "just a joak" and "humorous", and a smokescreen for what really happened, which is that Monica was jealous of Vic's ability to get plum roles (ha!) and she engineered everything in order to take over his positions.

All BS, of course.
 

mael

Avenger
Nov 3, 2017
16,843
Part of the evidence for Vic being "fired" from Funimation (as much as you can fire an external contractor) was an indicent involving Monica Rial and Vic where Vic wrote Monica's name on a jellybean, ate it, then said "Now I've eaten Monica." in a sexually suggestive way.

Vicstans have long proclaimed that this was "just a joak" and "humorous", and a smokescreen for what really happened, which is that Monica was jealous of Vic's ability to get plum roles (ha!) and she engineered everything in order to take over his positions.

All BS, of course.

They can't even play the same roles.
Even their shitty conspiracies make no sense.
 

L Thammy

Spacenoid
Member
Oct 25, 2017
50,114


I am not sure what to add other than: LOL.

I've got to say though, I don't give a damn what your credentials are or how close you are to the case, no one is going to convince me that trying to give a definition of the word "shit" comes from being out of your element. There are some cases where you have to take someone being a huge moron at face value.

EDIT: I totally forgot that Vic tried to bring his makeup artist into his deposition. I can't remember if there was even a reason why he wanted to do that.
 
Last edited:

Primus

Member
Oct 25, 2017
3,847
Good lord, who knew Sean Lemoine was the Avatar of the Pure and Cleansing Flame? Ain't enough burn wards in the world that can help here.

Reading this and I need a spritz it's so hot.

giphy.gif
 

deimosmasque

Ugly, Queer, Gender-Fluid, Drive-In Mutant, yes?
Moderator
Apr 22, 2018
14,268
Tampa, Fl
I've got to say though, I don't give a damn what your credentials are or how close you are to the case, no one is going to convince me that trying to give a definition of the word "shit" comes from being out of your element. There are some cases where you have to take someone being a huge moron at face value.

EDIT: I totally forgot that Vic tried to bring his makeup artist into his deposition. I can't remember if there was even a reason why he wanted to do that.

She was the "Vic Whisperer" I recall the idea was that she would clarify what Vic "actually" meant.
 

Primus

Member
Oct 25, 2017
3,847
So...Percy might have missed the filing deadline. Nothing definite yet, but the Threadnought and Sean Lemoine are strongly hinting it.

EDIT: Confirmed by Ty himself:



And of course, we're having technical problems getting it filed. Typical.

The running theory is that Percy's having issues attaching all the "leaked" Funimation audio clips to the filing.
 
Last edited:

Morlas

Looking for a better cartoon show.
Moderator
Oct 25, 2017
72,882
I'm shocked that a man who said that calling someone a piece of shit is defamatory would be technically incompetent, absolutely shocked.
 

deimosmasque

Ugly, Queer, Gender-Fluid, Drive-In Mutant, yes?
Moderator
Apr 22, 2018
14,268
Tampa, Fl
Gotta respect the hustle.

I'm sure all weekend Percy and Blackface will be spinning how awesome there late filing is to get more money for the GFM that Vic has no idea how its been spent.

Probably leaking a lot of stuff in the process. And counting bills as they continue to take Vic and the Alt-right for a ride.
 

Protome

Member
Oct 27, 2017
15,716


God, Beard is so incompetent. This probably won't impact anything though, the judge will probably accept his excuse. The defendants might file a motion to strike his late filings when they go up because he was tweeting a bunch literally minutes before the deadline...not exactly trying hard to get it filed on time.

Really I'm just annoyed because I wanted to read Law twitter tear his response apart but now nobody will see it until at earliest Monday but more likely Tuesday (because it's a holiday in the US i believe?)
 
Last edited:
Oct 25, 2017
34,828
I'm seeing who that leaked audio was really for. The morons who think the "jellybean" story was the only reason Vic was fired, and not the years of abusive behavior and inappropriate touching. It's to convince THEM they're right, while everyone else just rolls their eyes.

This is such a shit show...
 

Deleted member 3812

User requested account closure
Banned
Oct 25, 2017
8,821
IGN reports that Nick Rekieta leaked these voiceover sessions:


Multiple audio clips were slowly revealed by Nick Rekieta over the course of his Rekieta Law livestream, which he claims violates Funimation's own workplace guidelines. Rekieta also notes that he obtained the clips "absolutely, 100% legally" and that he is distributing them in a journalistic capacity. Funimation notably distributes (and facilitates English dub work for) Dragon Ball Z, which is created by Toei Animation.

While they vary in subject matter and levels of offensiveness, one particularly egregious clip seemingly involves Schemmel speaking as Goku hurling homophobic slurs at the character's son. Another Dragon Ball clip uses licensed music in the background while multiple characters play out an "audio drama" about sodomy. A brief recording also apparently features the voice of Chi-Chi making an incest-related joke.
 

Katten

Member
Oct 27, 2017
2,502
Without (further) delay:



Edit: This is seriously on the same level as Vicstans arguing on twitter. He makes the argument that since there is a dog that has more twitter followers than Vic, he is not a public figure. This is hilarious.
 

Katten

Member
Oct 27, 2017
2,502
Did he file a wordcount/index thing instead of the Rial deposition?

Edit: OMFG he still hasn't understood the whole malice/actual malice thing. If only someone had explained that to him on Twitter. Repeatedly.
 
Last edited:

Protome

Member
Oct 27, 2017
15,716
"Funimation made anime with sexy stuff in it recently, so it's okay that Vic harrassed women repeatedly over the past few decades" is one hell of an argument lol.

Also, yikes. He's actually trying to use the Stan Dahlin affidavit as proof that Monica lied about Vic assaulting her. The affidavit that has Dahlin saying he doesn't remember :|


Edit: he uses the Dahlin affidavit multiple times. Like pretty much his whole argument relies on it. This is an insanely stupid thing to have filed lol
 
Last edited:

FormatCompatible

One Winged Slayer
Member
Oct 25, 2017
12,071
Edit: This is seriously on the same level as Vicstans arguing on twitter. He makes the argument that since there is a dog that has more twitter followers than Vic, he is not a public figure. This is hilarious.
Oh c'mon, Beard is just fucking with Vic now. I refuse to believe someone is this freaking incompetent.
 

Protome

Member
Oct 27, 2017
15,716
Lol he spends like a page on the Hanleia stuff.

For people who don't know: One of the original tweets that sparked Funimation looking into Vic was a tweet by someone asking why Funimation hired known pedophiles. People thought that meant Vic because of his history, Funimation investigated Vic, found a bunch of dirt on him and severed ties. That original tweet was never about Vic, it was about someone else.

This is also not at all relevant to the lawsuit. The things Funimation fired Vic for doing have affidavitz from his victims supporting that he did them, as do the things the other defendants tweeted about him doing. The original reason for starting the investigation is irrelevant, if they had learned these things through any other path they would probably still have fired him... If anything this line of argument helps the defense because it re-enforces that Vic's reputation was already so damaged before the events being sued for that PEOPLE MISTOOK HIM FOR A DIFFERENT PEDOPHILE.
 

MrSaturn99

One Winged Slayer
Member
Oct 25, 2017
11,496
I live in a giant bucket.
Just an FYI: this isn't as meaty as it appears. Most, if not all, of the new information's within the first hundred pages -- Beard bloated the formatting with copy-pasted depositions and only using one page for each tweet.
 

Deleted member 3812

User requested account closure
Banned
Oct 25, 2017
8,821
Lol he spends like a page on the Hanleia stuff.

For people who don't know: One of the original tweets that sparked Funimation looking into Vic was a tweet by someone asking why Funimation hired known pedophiles. People thought that meant Vic because of his history, Funimation investigated Vic, found a bunch of dirt on him and severed ties. That original tweet was never about Vic, it was about someone else.

This is also not at all relevant to the lawsuit. The things Funimation fired Vic for doing have affidavitz from his victims supporting that he did them, as do the things the other defendants tweeted about him doing. The original reason for starting the investigation is irrelevant, if they had learned these things through any other path they would probably still have fired him... If anything this line of argument helps the defense because it re-enforces that Vic's reputation was already so damaged before the events being sued for that PEOPLE MISTOOK HIM FOR A DIFFERENT PEDOPHILE.

Damn!!!! I didn't even know that the Hanleia tweet was about a different anime industry person, I wonder who is this garbage person that was mentioned in the original tweet.
 
Oct 25, 2017
34,828
Damn!!!! I didn't even know that the Hanleia tweet was about a different anime industry person, I wonder who is this garbage person that was mentioned in the original tweet.

Probably Illich Guardiola or Scott Freeman, both voice actors that worked with Funi that got caught being pedos (and were fired).
If there's another one though... I don't know who.
 

Deleted member 23212

User requested account closure
Banned
Oct 28, 2017
11,225
He doesn't care about evidence. The disgusting people who are defending Vic could be shown a live feed of Vic admitting to all his crimes and they would just turn around and cry that he was forced to do it and that he doesn't really mean it.


They don't care. They just want to defend him. Reality be damned.
It's also conveniently ignoring that this is not a criminal trial, and that Vic is the PLAINTIFF.
 

Squarehard

Member
Oct 27, 2017
25,984
It's kind of amazing how I've run out of adjectives to describe the incompetence of these lawyers.

Holy fuck.