Richard Meyer v. Mark Waid (2018)

[Kirito]

I think they'll probably argue that Texas doesn't have specific jurisdiction because those business dealings weren't related to the complaint. Promoting your products in the forum state aren't enough.

He was offering signatures with the sale of his comics. I think that counts as business, since he was selling shit.

 

[mindlessobserver]

I know delay and bluster is the name of the game for civil suits, but isn't it dangerous to deliberately waste the courts time? There is no hope of Meyers case getting tossed for being actionable frivolous. Even less chance then getting the jurisdiction changed. I am sure the judge is going to just love having to read Zaids pointless motion over thanksgiving.

 

[AnOminous]

He was offering signatures with the sale of his comics. I think that counts as business, since he was selling shit.

He was specifically defaming the plaintiff while he was in Texas selling shit that was in competition with the book he tried to have buried. And it's on video.

I know delay and bluster is the name of the game for civil suits, but isn't it dangerous to deliberately waste the courts time? There is no hope of Meyers case getting tossed for being actionable frivolous.

There is no good faith argument that this case is frivolous. The argument is, itself, frivolous and sanctionable. This wouldn't be the first lolsuit where a lolcow litigant with more chutzpah than sense filed a motion like this that was itself sanctionably frivolous.

Zaid the Zero is following in the footsteps of LanDUI.

 

[RodgerDodger]

I think they'll probably argue that Texas doesn't have specific jurisdiction because those business dealings weren't related to the complaint. Promoting your products in the forum state aren't enough.

Sure it is. Especially when your products are a direct competitor of the Plaintiff. Marketing is part of doing business.

 

[DragoonSierra]

Sure it is. Especially when your products are a direct competitor of the Plaintiff. Marketing is part of doing business.

Isnt he also arguing that he would be unnecessarily inconvenienced if he was forced to travel to Texas for the trial?

 

[soy_king]

Sure it is. Especially when your products are a direct competitor of the Plaintiff. Marketing is part of doing business.

Unless I'm being exceptional and there's no personal jurisdiction question, then legally no. For Texas to have personal jurisdiction Waid's minimum contacts need to be related to his tortious interference, that he called Antarctic from Texas. This might be absolutely wrong but I remember Rackets bringing up minimum contacts over a subject matter jurisdiction.

Isnt he also arguing that he would be unnecessarily inconvenienced if he was forced to travel to Texas for the trial?

That's probably it. Then again he made five figures for a GFM, so I don't see how it's that inconvenient for him

 

[Jub-Jub]

That's probably it. Then again he made five figures for a GFM, so I don't see how it's that inconvenient for him

Pretty sure in his original response Waid also admitted to working from home, so it's not like he has to go to a physical location everyday. He'll just have to work out of that hotel room he books.

 

[AnOminous]

Unless I'm being exceptional and there's no personal jurisdiction question, then legally no. For Texas to have personal jurisdiction Waid's minimum contacts need to be related to his tortious interference, that he called Antarctic from Texas.

He called them in Texas, knowing they were in Texas, he defamed Meyer while physically present in Texas, which is part of the case as well. The personal jurisdiction argument advanced by Waid is sad and threadbare.

He also lied about this under oath, not that that's really relevant to the jurisdiction part, just how seriously anything else he says should be taken.

 

[soy_king]

He called them in Texas, knowing they were in Texas, he defamed Meyer while physically present in Texas, which is part of the case as well. The personal jurisdiction argument advanced by Waid is sad and threadbare.

He also lied about this under oath, not that that's really relevant to the jurisdiction part, just how seriously anything else he says should be taken.

Oh yeah he's clearly fucked based off the facts alleged (and probably the facts as they are), but what confused me is I thought this was a question of subject matter jurisdiction, and I was under the impression you couldn't argue personal jurisdiction as a defense. Even still, if this was just a personal jurisdiction question, wouldn't the minimum sufficient contacts test be satisfied regardless of him physically entering the state on unrelated business?

I have a feeling I'm gonna do very poorly on my CivPro exam.

 

[AnOminous]

Oh yeah he's clearly fucked based off the facts alleged (and probably the facts as they are), but what confused me is I thought this was a question of subject matter jurisdiction, and I was under the impression you couldn't argue personal jurisdiction as a defense. Even still, if this was just a personal jurisdiction question, wouldn't the minimum sufficient contacts test be satisfied regardless of him physically entering the state on unrelated business?

Personal jurisdiction is the only issue currently on the table. There's purposeful availment and the effects test since the intended and actual effects of what Waid did were felt in Texas. I think that existed even before we knew about Waid's actual physical presence in Texas during the relevant time period, and without him actually committing some of the torts while physically present in Texas, but that really just nuked Waid's argument on that ground. I'd consider that argument dead at this point, which is why Zaid is already moving on to some other dumb bullshit.

 

[RodgerDodger]

Unless I'm being exceptional and there's no personal jurisdiction question, then legally no. For Texas to have personal jurisdiction Waid's minimum contacts need to be related to his tortious interference, that he called Antarctic from Texas. This might be absolutely wrong but I remember Rackets bringing up minimum contacts over a subject matter jurisdiction.

Then how exactly would anyone be able to sue a party from another state? Waid's arguments are absurd. Where would be the proper forum for such a suit if not the locality of both the Plaintiff and the Business wronged?

That's probably it. Then again he made five figures for a GFM, so I don't see how it's that inconvenient for him

He annually and "regularly" attends Comicpalooza and other Texas events. He travel's routinely for business. I'm thinking "inconvenience" is going to be a hard case to make. Plus would Waid even need to be physically present for any proceeding's? With modern teleconferencing the Courts can be quite flexible about such things.

And let's be completely honest, all of these hail mary absurdity filings kind of reek of Zaid running up the billables, both on his client and the Plaintiff, before folding and pushing for a fast settlement at the first sign of pushback or ire from the Judge. And yeah I hate to disapoint those hoping for the ultimate Mark Waid smackdown in court, but this is going to end in a quiet settlement. Most cases do. There is no sane reason for the Defendant to take this to trial. It's bad economics. Even waid's apparent scheme to bankrupt Meyer through court costs will end in failure as Meyer's lawyer can work on contingency. Whereas no way is Zaid or the Texas crew, simply because, despite what the Twitter Lawyers claim, there is no pathway whatsoever for Waid to get any money back out of this. There is no mechanism by which he could recoup legal costs etc. This is all sunk costs for him.

I believe it was ClownfishTV, Kneon and GeekySparkles who indicated they had heard from some industry insiders that Waid's net worth was probably about $500,000 in cash or liquid assets, plus whatever he has past that in property such as housing, IP's etc. That sounds about right to me, just from eyeballing things. He might have some investment and retirement funds worth a bit more. But he is a successful middle class comic book dude. An established work for hire producer. To put this in perspective, Stan Lee's net worth was estimated at around $15-25 million. So yeah somewhere between $500,000-1 mil + Investments, Property and IP's sounds about right. Why would he sink a third or more of his savings into something like this? His lawyers, assuming they aren't complete frauds, will be advising him that "apologies cost nothing but pride and ego. Man up say your sorry and settle for the best deal you can get." Whether the Super Heroic entity that is Mark Waid takes that advise remains to be seen. But I do think that if you carve a path through the crazy madness and rage, somewhere in there is a bit of rationality. He's gonna want to just make this go away the moment discovery gets scheduled.

 

[DragoonSierra]

He called them in Texas,

I didnt know this. I thought he called from his house.

 

[soy_king]

Personal jurisdiction is the only issue currently on the table. There's purposeful availment and the effects test since the intended and actual effects of what Waid did were felt in Texas. I think that existed even before we knew about Waid's actual physical presence in Texas during the relevant time period, and without him actually committing some of the torts while physically present in Texas, but that really just nuked Waid's argument on that ground. I'd consider that argument dead at this point, which is why Zaid is already moving on to some other dumb bullshit.

Wait, didn't YaBoi assert diversity though? If not, wouldn't the case be in state court, or do you need to establish that personal jurisdiction is proper before removing the case to federal court?

Then how exactly would anyone be able to sue a party from another state? Waid's arguments are absurd. Where would be the proper forum for such a suit if not the locality of both the Plaintiff and the Business wronged?

You can sue in a state if they have established a presence in the state by means of consistent and systematic contacts that are related to a matter in dispute that occurred within that state. Alternatively, if the relevant parties are from separate states and the amount that the plaintiff is arguing for is over $75k, then you can sue in federal court under state law. There's also jurisdiction if it's a dispute involving a federal issue, or if the person is present in the state and was physically served. Lots of ways, in short.

What I was saying is if you're trying to establish personal jurisdiction (the first thing I mentioned), the defendant's contacts need to be related to the lawsuit.

He annually and "regularly" attends Comicpalooza and other Texas events. He travel's routinely for business. I'm thinking "inconvenience" is going to be a hard case to make. Plus would Waid even need to be physically present for any proceeding's? With modern teleconferencing the Courts can be quite flexible about such things.

And let's be completely honest, all of these hail mary absurdity filings kind of reek of Zaid running up the billables, both on his client and the Plaintiff, before folding and pushing for a fast settlement at the first sign of pushback or ire from the Judge. And yeah I hate to disapoint those hoping for the ultimate Mark Waid smackdown in court, but this is going to end in a quiet settlement. Most cases do. There is no sane reason for the Defendant to take this to trial. It's bad economics. Even waid's apparent scheme to bankrupt Meyer through court costs will end in failure as Meyer's lawyer can work on contingency. Whereas no way is Zaid or the Texas crew, simply because, despite what the Twitter Lawyers claim, there is no pathway whatsoever for Waid to get any money back out of this. There is no mechanism by which he could recoup legal costs etc. This is all sunk costs for him.

I believe it was ClownfishTV, Kneon and GeekySparkles who indicated they had heard from some industry insiders that Waid's net worth was probably about $500,000 in cash or liquid assets, plus whatever he has past that in property such as housing, IP's etc. That sounds about right to me, just from eyeballing things. He might have some investment and retirement funds worth a bit more. But he is a successful middle class comic book dude. An established work for hire producer. To put this in perspective, Stan Lee's net worth was estimated at around $15-25 million. So yeah somewhere between $500,000-1 mil + Investments, Property and IP's sounds about right. Why would he sink a third or more of his savings into something like this? His lawyers, assuming they aren't complete frauds, will be advising him that "apologies cost nothing but pride and ego. Man up say your sorry and settle for the best deal you can get." Whether the Super Heroic entity that is Mark Waid takes that advise remains to be seen. But I do think that if you carve a path through the crazy madness and rage, somewhere in there is a bit of rationality. He's gonna want to just make this go away the moment discovery gets scheduled.

Idk if Comic book writers own the IPs though, and I thought most of his business ventures failed, but I'll defer to you if you've got insider knowledge.

You're forgetting that he can't apologize to the enemy, he's the self-righteous arbiter of justice. In any case, he's got Zaid as his lead counsel, so I doubt he's getting any solid legal advice.

 

[AnOminous]

He's gonna want to just make this go away the moment discovery gets scheduled.

They're already talking discovery just on the personal jurisdiction issue, because Zaid stupidly opened up the door to that. I'm not sure whether that's a thing that is going to happen, though. It seems to me it can easily be resolved in Meyer's favor just based on what we have already, including the declaration with what Waid just "remembered."

What I was saying is if you're trying to establish personal jurisdiction (the first thing I mentioned), the defendant's contacts need to be related to the lawsuit.

Well, they are.

 

[AprilRains]

Wait, didn't YaBoi assert diversity though?

I think that's because of the amount Mayer is suing for. It's still a Texas State law case.

 

[soy_king]

I think that's because of the amount Mayer is suing for. It's still a Texas State law case.

So I'm clearly new to this shit, but isn't the point of diversity is that you don't need to assert personal jurisdiction?

 

[AnOminous]

So I'm clearly new to this shit, but isn't the point of diversity is that you don't need to assert personal jurisdiction?

No. You always need personal jurisdiction. No jurisdiction, no case.

 

[Jub-Jub]

It's a great scam. Waid's funds are running low because there's yet another motion on the calendar? Okay, just go rattle a tin cup to all your industry buddies and raise another 75 grand. Zaid's gonna turn him into a paypig that would make Frank Wu blush.

When i first replied to this i was in the mindset that it would be too early for the 75k to run out, now...

Zack has ~1400 videos mostly in the 10-20min range. Even if he got some 'tips' for the juiciest videos or had some cheaper underling do it. That 80k Gofundme isn't going to last, the Marky Marks may ask the funky bunch for more sooner than i anticipated.

 

[AnOminous]

When i first replied to this i was in the mindset that it would be too early for the 75k to run out, now...
View attachment 597050
View attachment 597051
Zack has ~1400 videos mostly in the 10-20min range. Even if he got some 'tips' for the juiciest videos or had some cheaper underling do it. That 80k Gofundme isn't going to last, the Marky Marks may ask the funky bunch for more sooner than i anticipated.

If they have such wonderful "evidence" that somehow proves Mark Waid didn't break the law because Richard Meyer isn't woke enough for his taste, it seems he should be eager to take it to trial instead of slithering around pretending there's no jurisdiction in Texas and other doomed and futile diversionary actions based on ridiculously weak legal reasoning.

 

[damian]

There is no sane reason for the Defendant to take this to trial

>defendant: Mark Waid

When i first replied to this i was in the mindset that it would be too early for the 75k to run out, now...
View attachment 597050
View attachment 597051
Zack has ~1400 videos mostly in the 10-20min range. Even if he got some 'tips' for the juiciest videos or had some cheaper underling do it. That 80k Gofundme isn't going to last, the Marky Marks may ask the funky bunch for more sooner than i anticipated.

Also , but imagine he sits down, watches all of YaBoi’s videos and finds out, “oh crap this guy isn’t a Nazi, what the fuck have I done”. I doubt it will happen but it’d be interesting.

Hell, considering Zaid’s actions throughout this case, I wouldn’t be surprised if he’d been turned already.

Rackets Livestream - (13:25)

EDIT:
Around 33min mark: Rackets explains that he will be making a separate video on the CG lawsuit about the 3rd document because he needs to prep for it.