Now that Vic Mignogna’s case has been dismissed, how does the attorney for the Defense respond? Hear from J. Sean Lemoine in this exclusive interview.
On October 5, I published an article titled Vic Mignogna’s Case: DISMISSED WITH PREJUDICE.
The article details the results of Vic Mignogna’s case against the Defendants Monica Rial, Ron Toye, Jamie Marchi, and FUNimation, with a complete dismissal of all 17 of Vic’s claims by Judge John Chupp.
During the development of the article I sent questions to Monica Rial and Ron Toye’s lawyer, J. Sean Lemoine, but he was unavailable to respond until Monday morning, October 7, 2019.
J. Sean Lemoine is a Texas anti-SLAPP specialist who runs the Anti-SLAPP Texas website.
The Defendants attempted to use Texas Anti-SLAPP laws to dismiss the claims made by Vic Mignogna under the protections afforded by the right to free speech granted by the U.S. Constitution. The judge ruled in their favor.
Now that Lemoine has responded, I am publishing his response here. I have also added it to the end of the original article as an addendum.
Interview with J. Sean Lemoine
Derek: How do you or your clients respond to Chupp’s judgment?
J. Sean: Ms. Rial and Mr. Toye are very appreciative of the time and attention the Court put into the decision.
Derek: What occurred during the mediation process? Why were the two parties not able to find a middle ground?
J. Sean: Mediation is confidential.
Derek: Do you feel that Chupp took the threats of violence made against him by Vic’s supporters into account in his judgment for mediation? And then again in his final judgment today?
J. Sean: I do not know, but we believe the Court looked at the evidence and the law to make its determination.
Derek: How much money will Vic have to pay in damages? What has the Defendants’ legal expenses accrued to? And how much is an ‘appropriate sanction’? Opinions vary on Twitter from $250 to $750K, but you would know best.
J. Sean: The amount in attorneys’ fees and sanctions is up to the judge, but until submission and ruling, it’s not appropriate to comment.
Derek: How do you feel about Ty’s Tweet proclaiming this is just “Halftime.” Think he will appeal? And if he does appeal, will you continue to represent your clients?
J. Sean: Our hope is that Mr. Mignogna will accept the Court’s determination and put this dispute to rest once and for all. That said, we believe that the Court correctly interpreted the evidence and law, and that the Fort Worth Court of Appeals will do so as well.
We have a series of matter-of-fact responses here that don’t leave much room for speculation.
J. Sean Lemoine contends that Judge Chupp’s decision was based on the law and the evidence brought into the hearing.
He hopes that Vic Mignogna will accept the ruling and not file for an appeal. But if Vic does appeal, Lemoine believes that the Court of Appeals will rule in the same manner.
J. Sean Lemoine’s succinct responses stand in contrast with those of Vic Mignogna’s lawyer, Ty Beard, who discusses almost every nuance of the case in detail with Nick Rekieta on his livestreams.
I asked to speak with Ty, but did not receive a response.
How do you feel about Lemoine’s answers? Leave your comments below.