- Dołączono
- 10 Mar 2019
Could they be hedging their bets on conspiracy vs. vicarious liability? It seems like they might only need one of those.An issue would be who are the conspirators? And what did they conspire to do? There are also claims that other currently named defendants acted as agents or employees of Funimation throughout this, including Ron Toye himself, who is accused of holding himself out as an agent while Funimation subsequently ratified his actions on their behalf by failing to disavow them.
If someone acts as an agent of a corporation, that is essentially the corporation acting, and one can generally not conspire with oneself. You need at least two legal people involved.
I don't see how they get over the TCPA on the conspiracy thing without putting their cards on the table as to the specifics of the alleged conspiracy.
If Ron isn't an agent of Funimation, then you have agents of Funimation conspiring with someone else, making them jointly and severally liable. But if Ron is an agent of Funimation, then Funimation is vicariously liable for the actions of their agents. Either way, Funimation is liable for Ron's actions.
