Richard Meyer v. Mark Waid (2018)

[KO 864]

One thing I am honestly wondering is why Meyer wants this to be a jury trial? Wouldn't that add to the (very small) likelihood of things going to shit?

Maybe he's hoping they'll dole out the death penalty

 

[damian]

One thing I am honestly wondering is why Meyer wants this to be a jury trial? Wouldn't that add to the (very small) likelihood of things going to shit?

I suspect he wants drag not only Waid’s dirty laundry into the light, but also the idiots in the industry who probably encouraged him going after the AP deal. These people communicate in private to coordinate their little ops, Waid was probably involved in a few of these private groups.

 

[AnOminous]

One thing I am honestly wondering is why Meyer wants this to be a jury trial? Wouldn't that add to the (very small) likelihood of things going to shit?

There's a reasonable likelihood his lawyers are working on contingency, while Waid has to pay up front for every minute of time. Jury trials are expensive. Really, really expensive. Seeing bills that turn his face even whiter than it is already might be an incentive to settle.

Also a jury, and a Texas jury in particular, is more likely to go completely apeshit with the punitive damages. Think Gawker. Think how Mark Waid will come across to a jury of normies who don't don't believe crazy danger hair shit like that anyone who ever voted for a Republican is literally a Nazi and you can ruin their lives just for fun.

 

[RodgerDodger]

Also lol:

"Additional information regarding attempted service, etc: Caucasian | White Male, 50 Years Old, 5 Feet' Six Inches Tall, 220 Lbs, Brown Hair."

Confirmed for manlet.

Let's take a look at this federal judge from Texas, the Honorable Earl Leroy Yeakel III. He goes by Lee Yeakel. It's hard to imagine a more Texan name than that, although he was actually born in Oklahoma.

So does he live up to the image you might have of someone named that?

Let's see.

The Federal Judicial Center has some summary information on him:

Born 1945 in Oklahoma City, OK

Federal Judicial Service:
Judge, U.S. District Court for the Western District of Texas
Nominated by George W. Bush on May 1, 2003, to a seat vacated by James R. Nowlin. Confirmed by the Senate on July 28, 2003, and received commission on July 29, 2003.

Education:
University of Texas, B.A., 1966
University of Texas School of Law, J.D., 1969
University of Virginia School of Law, LL.M., 2001

Professional Career:
U.S. Marine Corps, 1967-1970
Private practice, Austin, Texas, 1969-1998
Justice, Third Court of Appeals of Texas, 1998-2003; chief justice, 1998

Let's just say he doesn't sound like the type of person who will be particularly impressed by a shrieking hyper-liberal manbabby calling people Nazis and trying to destroy their livelihoods for having mainstream centrist views.

He's also a Marine, just like Richard Meyer.

In fact, I imagine the judge seems to people like Mark Waid to be the very kind of person he routinely calls a Nazi himself. I doubt Waid will be able to conceal his sneering contempt for the kind of person he'd consider this judge, and am almost certain that he will claim the judge is politically biased when he does nothing but make decisions in accordance with the law governing the case.

So Waid will be facing an old school Bush appointed ex Marine Texas Judge? Yes there is a God, and he has a deep sense of humor! Looking at the Judge's CV he might just come out from behind the bench and actually physically give Waid the ass kicking he so clearly deserves. Just as a lesson to others.

 

[talk talk talk]

One thing I am honestly wondering is why Meyer wants this to be a jury trial? Wouldn't that add to the (very small) likelihood of things going to shit?

FRCP 38 states that if a jury trial is not specifically demanded it is waived. It can be waived later, too. By making the demand in the complaint, Meyer keeps his options open.

 

[Plissken]

So Waid will be facing an old school Bush appointed ex Marine Texas Judge? Yes there is a God, and he has a deep sense of humor! Looking at the Judge's CV he might just come out from behind the bench and actually physically give Waid the ass kicking he so clearly deserves. Just as a lesson to others.

Sweet Jesus, this will be fucking hilarious.

I've got plenty of popcorn to share while this goes down, anyone want some?

 

[kcbbq]

Sweet Jesus, this will be fucking hilarious.

I've got plenty of popcorn to share while this goes down, anyone want some?

Checkmate, athiests.

I just want a Waid chimp out. I want something that reflects the bizarre stories about him.

 

[Jub-Jub]

View attachment 557968https://twitter.com/ethanvansciver/status/1047556063514517504

View attachment 557967

There's a reasonable likelihood his lawyers are working on contingency, while Waid has to pay up front for every minute of time. Jury trials are expensive. Really, really expensive. Seeing bills that turn his face even whiter than it is already might be an incentive to settle.

Mark Zaid's humble brag tweet makes me think that his hourly rate was probably $800 at a minimum (last year) and has likely increased since then. @AnOminous I know you've been following CG for a while now so maybe it's hard to answer, but how many billable hours would you estimate for a settlement? I'm guessing it would be a few for research into the matter alone

 

[AnOminous]

Mark Zaid's humble brag tweet makes me think that his hourly rate was probably $800 at a minimum (last year) and has likely increased since then. @AnOminous I know you've been following CG for a while now so maybe it's hard to answer, but how many billable hours would you estimate for a settlement? I'm guessing it would be a few for research into the matter alone

There's probably a minimum for this guy even to fart and he probably charges you for every time he thinks about the case while taking a shit. I couldn't even begin to guess because I don't know if he's partly or wholly subsidized by Marvel/Disney, or whether he's got some kind of conflict of interest going on where he's also being paid to make sure this goes well for Marvel. I wouldn't want to suggest unethical behavior because I don't know what if any relationship Zaid has with the corporations who also have an as yet unripe but potentially adverse interest in the outcome of this case.

 

[waffle]

As a lawyer the Alex Jones side of my brain screams that marvel is indemnifying waid and paying for zaid because they think it'll be cheaper in the long run for them then letting crazy ass Mark waid run a muck and get them dragged into this mess.

The more rational side says that zaid has cut his fee way down because.of a personal interest in comics.

Either way I don't think Waid could afford a consultation fee at this guys normal rates, let alone a retainer.

 

[Oh Long Johnson]

If Waid is footing the bill and serious about hunkering down for a fight, you'd think he'd pick someone local to Texas - preferably someone who clerked for Lee Yeakel.

 

[RockVolnutt]

As a lawyer the Alex Jones side of my brain screams that marvel is indemnifying waid and paying for zaid because they think it'll be cheaper in the long run for them then letting crazy ass Mark waid run a muck and get them dragged into this mess.

The more rational side says that zaid has cut his fee way down because.of a personal interest in comics.

Either way I don't think Waid could afford a consultation fee at this guys normal rates, let alone a retainer.

Honestly it'd be really weird if Zaid is some big fan of nuMarvel. In a way, I think that'd be worse for Waid.

 

[AnOminous]

If Waid is footing the bill and serious about hunkering down for a fight, you'd think he'd pick someone local to Texas - preferably someone who clerked for Lee Yeakel.

I imagine him being recommended around the woke comics community with people saying "he's very good" and then he turns out to be Barry Zuckercorn.

 

[ObeseScreamingBlackMan]

Waid has to explain why he broke the law to be on the right side of histoREEEE to an old white man from Oklahoma/Texas named Leroy?

Fucking dank.

 

[Jub-Jub]

There's probably a minimum for this guy even to fart and he probably charges you for every time he thinks about the case while taking a shit. I couldn't even begin to guess because I don't know if he's partly or wholly subsidized by Marvel/Disney, or whether he's got some kind of conflict of interest going on where he's also being paid to make sure this goes well for Marvel. I wouldn't want to suggest unethical behavior because I don't know what if any relationship Zaid has with the corporations who also have an as yet unripe but potentially adverse interest in the outcome of this case.

Thanks for more info. I thought it would be hard to make an estimate and hadn't even thought about other points you bring up.

Frankly even if this guy is doing the work for cut rate prices due to comic fandom, that's still going to be a large amount of money per hour. I also like to think Waid chose Zaid after being given a list of lawyers from Marvel and simply chose the most expensive one on the list because that'll win the case.

 

[AprilRains]

Waid has to explain why he broke the law to be on the right side of histoREEEE to an old white man from Oklahoma/Texas named Leroy?

Fucking dank.

at least he had chicken

 

[RodgerDodger]

There's probably a minimum for this guy even to fart and he probably charges you for every time he thinks about the case while taking a shit. I couldn't even begin to guess because I don't know if he's partly or wholly subsidized by Marvel/Disney, or whether he's got some kind of conflict of interest going on where he's also being paid to make sure this goes well for Marvel. I wouldn't want to suggest unethical behavior because I don't know what if any relationship Zaid has with the corporations who also have an as yet unripe but potentially adverse interest in the outcome of this case.

As a lawyer the Alex Jones side of my brain screams that marvel is indemnifying waid and paying for zaid because they think it'll be cheaper in the long run for them then letting crazy ass Mark waid run a muck and get them dragged into this mess.

The more rational side says that zaid has cut his fee way down because.of a personal interest in comics.

Either way I don't think Waid could afford a consultation fee at this guys normal rates, let alone a retainer.

Don't downplay Waid's actual net worth. He's like your crazy spinster Uncle who has lived his life in Grandma's house, dressing like a homeless Hobo, and living off old cans of beans while driving an '82 Buick. We he finally kicks and you have to straighten out his estate you discover he owned half the land the town is built on, three oil wells and is worth millions. Waid has assets. Assets that are worth at least low 7-8 figures. Has he ever optioned the Irredeemable stuff?

 

[mindlessobserver]

If Waid is footing the bill and serious about hunkering down for a fight, you'd think he'd pick someone local to Texas - preferably someone who clerked for Lee Yeakel.

Waid gets advice from his fellow Twitter lawyers, the same people Nicky Racketts mocks on the regular. So of course he would pick a super expensive attorney with ties to the comics industry and based in Washington DC. Had he stopped to think about it, he would have realized it would have been much smarter to secure a lawyer with no ties to his corporate overlords and one that is local to him in California or to the case in Texas.

Instead he'll have to pay out the ass for a lawyer with only passing interest/knowlege of Texas state law, and will also have to pay for said lawyer to travel to Texas to argue the case AND to meet with Waid himself. He'll also probably charge Waid for the time he spends reading up on Texas case law too. I don't even care if he's super smart and sued Libya, he won't have as much familiarity as the Plaintiffs attorney who has spent over 3 decades doing Texas law. its fucking stupid, but seems par for the course for bad decisions Waid seems so good at making.

 

[JohnDoe]

Instead he'll have to pay out the ass for a lawyer with only passing interest/knowlege of Texas state law,

This is Federal court, so Federal law applies. Still good points about travel though.

 

[AnOminous]

This is Federal court, so Federal law applies. Still good points about travel though.

No, it's based on state law, and is only in federal court because of diversity jurisdiction.