Richard Meyer v. Mark Waid (2018)

[Plissken]

I can't wait to hear the conclusion to this. I hope the judge throws the book at Waid, he's a scumbag piece of shit who broke the law and refuses to acknowledge he did anything wrong, and he needs to pay the price.

 

[break these cuffs]

I can't wait to hear the conclusion to this. I hope the judge throws the book at Waid, he's a scumbag piece of shit who broke the law and refuses to acknowledge he did anything wrong, and he needs to pay the price.

You do realize the most likely conclusion will be a settlement with an NDA right? If R. Kelly can be video-taped pissing on middle schoolers for sexual pleasure and escape by paying a modest percentage of his net-worth, so can Mark Waid. Note that this is after multiple other victims of his pedophilic predation.

 

[JohnDoe]

You do realize the most likely conclusion will be a settlement with an NDA right? If R. Kelly can be video-taped pissing on middle schoolers for sexual pleasure and escape by paying a modest percentage of his net-worth, so can Mark Waid. Note that this is after multiple other victims of his pedophilic predation.

I have a feeling that Ya Boi will not accept a settlement. This is more than just business, this is a chance to show all the SJWs that there is a risk to their insane attempts at ruining lives - and maybe he can hope against hope that the fear of those consequences will save some poor bastard from another Mark Waid.

 

[break these cuffs]

I have a feeling that Ya Boi will not accept a settlement. This is more than just business, this is a chance to show all the SJWs that there is a risk to their insane attempts at ruining lives - and maybe he can hope against hope that the fear of those consequences will save some poor bastard from another Mark Waid.

I know that's a prevailing line of reasoning in non-IngSocJus circles. I personally just don't see it happening. The true comicsperg has already shown more support against Waid and his cronies have come up short. The average comicfag has no idea this lawsuit is even happening, let alone what it's about. People like Waid don't have face up to the fact that they'll lose everything. He'll lose woke points and a modest amount of the influence he currently cultivates, but it's not like he's going to be cast out into the cold. He'll settle and pay Zach 5 figures, maybe low 6, and move on. Industry pros will avoid him for the most part because you don't want liabilities like a lolsuit losing fuckup around, but he'll do okay.

Just look at GOOBERGRAPE. How many of the big names from that shitshow are slinging sandwiches at Arby's? This isn't some great war. Nobody is going to get their comeuppance. A few faggots will get their egos hurt and they'll brush it off quick as can be. It'll be a victory, and possibly a legally significant one, for non-faggots everywhere; but that's it. Despite what autists all over the internet want you to think, nobody knows what the fuck Gamergate was or that it accomplished nothing. Same thing with this iteration.

 

[Kirito]

I know that's a prevailing line of reasoning in non-IngSocJus circles. I personally just don't see it happening. The true comicsperg has already shown more support against Waid and his cronies have come up short. The average comicfag has no idea this lawsuit is even happening, let alone what it's about. People like Waid don't have face up to the fact that they'll lose everything. He'll lose woke points and a modest amount of the influence he currently cultivates, but it's not like he's going to be cast out into the cold. He'll settle and pay Zach 5 figures, maybe low 6, and move on. Industry pros will avoid him for the most part because you don't want liabilities like a lolsuit losing fuckup around, but he'll do okay.

Just look at GOOBERGRAPE. How many of the big names from that shitshow are slinging sandwiches at Arby's? This isn't some great war. Nobody is going to get their comeuppance. A few faggots will get their egos hurt and they'll brush it off quick as can be. It'll be a victory, and possibly a legally significant one, for non-faggots every; but that's it. Despite what autists all over the internet want you to think, nobody knows what the fuck Gamergate was or that it accomplished nothing. Same thing with this iteration.

I don't think you're very familiar with Richard Meyer. His motivation for the lawsuit is to punish Waid and to send a message that it's not okay to go after peoples livelihoods like that. The money is secondary.

 

[JohnDoe]

I don't think you're very familiar with Richard Meyer. His motivation for the lawsuit is to punish Waid and to send a message that it's not okay to go after peoples livelihoods like that. The money is secondary.

Meyer has the resources and he has the will. He's volunteered to go to the Middle East twice, in the Marines and the Army.

I know he sounds kind of doofy and dad jokey on his videos but I'd not piss him off.

 

[AnOminous]

I don't think you're very familiar with Richard Meyer. His motivation for the lawsuit is to punish Waid and to send a message that it's not okay to go after peoples livelihoods like that. The money is secondary.

If you unreasonably turn down a reasonable settlement offer and then go to court and win nothing more than what you could have got by settling, in a lot of places you can get slapped with the legal fees for wasting everyone's time with bullshit.

The specific rule in Texas is Texas Rule of Civil Procedure 167:

"Certain litigation costs may be awarded against a party who rejects an offer made substantially in accordance with this rule to settle a claim for monetary damages - including a counterclaim, crossclaim, or third-party claim[. . .]"

And then goes on with a list of exceptions and prerequisites and other limitations.

(Whether this is a substantive or procedural rule and thus bound by Erie considerations is an issue too spergy to talk about much here.)

 

[break these cuffs]

I don't think you're very familiar with Richard Meyer. His motivation for the lawsuit is to punish Waid and to send a message that it's not okay to go after peoples livelihoods like that. The money is secondary.

How much power do you think someone with a couple kickfundme shekels has? He originally cucked to the likes of Brian because he thought it would make them go away and he just wanted to make shitty comic review vids. I don't fault him for that, but it shows a lack of knowledge of the autism he's getting involved in and a lack of a spine imho. Being a MUHrine myself, and a doorkicker at that, some tranny faggot starting a fight with me would not have me responding by waiving a peace flag.

I honestly think Meyer will fight. I think he'll take it as far as he legally and fiscally can. I just don't think it will accomplish a whole lot beyond his own financial restitution and providing circlejerk material for a bunch of cartoon loving autists who think they're better than weebs.

Meyer has the resources and he has the will. He's volunteered to go to the Middle East twice, in the Marines and the Army.

I know he sounds kind of doofy and dad jokey on his videos but I'd not piss him off.

What were his MOSes? Fobits waddled around eating BK and buying the PX out of rubbers to fuck wooks while real niggas were in the streets.

 

[JohnDoe]

If you unreasonably turn down a reasonable settlement offer and then go to court and win nothing more than what you could have got by settling, in a lot of places you can get slapped with the legal fees for wasting everyone's time with bullshit.

I'd like to know your source for this, as winning the civil action would award Meyer damages, his (reasonable) attorney's fees, and possible punitive damages. Waid would have to pay his own legal fees, of course. I can't recall any scenario where the Plaintiff prevailed in their legal action but was bound to pay their attorney fees as well as those of the Defendant.

Can you present such a case, or a number of cases that support your claim? Or are you being ignorant in this thread too?

 

[AnOminous]

I'd like to know your source for this, as winning the civil action would award Meyer damages, his (reasonable) attorney's fees, and possible punitive damages. Waid would have to pay his own legal fees, of course. I can't recall any scenario where the Plaintiff prevailed in their legal action but was bound to pay their attorney fees as well as those of the Defendant.

Can you present such a case, or a number of cases that support your claim? Or are you being ignorant in this thread too?

Texas Rule of Civil Procedure 167.

 

[break these cuffs]

Texas Rule of Civil Procedure 167.

Are you some kinda lawyerkike or something?

 

[AnOminous]

Are you some kinda lawyerkike or something?

I edited it into the earlier post.

 

[talk talk talk]

I'd like to know your source for this, as winning the civil action would award Meyer damages, his (reasonable) attorney's fees, and possible punitive damages. Waid would have to pay his own legal fees, of course. I can't recall any scenario where the Plaintiff prevailed in their legal action but was bound to pay their attorney fees as well as those of the Defendant.

Can you present such a case, or a number of cases that support your claim? Or are you being ignorant in this thread too?

When you were going to Twitter College of Law, was kwanzer a real gunner like you?

 

[JohnDoe]

Texas Rule of Civil Procedure 167.

Ya got me, boi.

Though Rule 167 is pretty limited in what it can provide, when, and how with very narrow window requiring a lot of savvy. Which I wholeheartedly believe is beyond the skill of Zaid. Using rule 167 also re-supposes that Mark Waid is smart enough to seek a settlement.

Here's the Dallas Bar with some context.

An Offer of Settlement is a procedural tool that can be used to answer two of the biggest questions for any defense client: (1) “How do I get rid of this lawsuit?” and (2) “Can I recover my costs and attorney’s fees?” While this tool may not be appropriate for all cases, it can be critical for reaching a favorable settlement or an award for costs when there are quantifiable damages or a strong defense, and unreasonably high damages allegations.

Texas Rule of Civil Procedure 167 and Chapter 42 of the Texas Civil Practice and Remedies Code require the following steps to invoke an Offer of Settlement:

1. The offer. A confidential written settlement offer must be served on the plaintiff. The settlement offer must be (1) in writing, (2) state that it is made under Rule 167 and Chapter 42 of the Texas Civil Practice and Remedies Code, (3) state the terms of the settlement—including any attorney’s fees, interest, and costs that would be recoverable up until the time of the offer, and (4) state a deadline.
2. The declaration. At the time of making the confidential offer, the defendant must separately file a declaration with the Court that invokes the procedure.
3. Timing. The offer must be made no later than 45 days before trial. The offer cannot be made within 60 days after either party’s appearance in the case. The offer must remain open for at least 14 days, but can remain open indefinitely.
4. Counter-demands. Note that once the defendant serves an offer, the plaintiff can provide a counter demand that could allow for cost shifting.

If the plaintiff recovers a judgment that is less than 80 percent of the rejected offer, the defendant is entitled to an award of reasonable court costs, deposition costs, fees for two expert witnesses, and attorney’s fees incurred from the date of the offer. This award can both offset plaintiff’s verdict and result in a favorable final judgment award.

Texas case law also provides that the Court will not consider pre-judgment interest when determining whether plaintiff’s judgment is 80 percent less than the Offer of Settlement. The Court will only consider the verdict of the factfinder.

Be aware of some limitations. Defendant’s award for costs cannot exceed the plaintiff’s original award from the factfinder. In addition, an Offer of Settlement cannot be used for certain claims, including class actions, a shareholder’s derivative action, an action by or against the State, an action under the Family Code, an action to collect worker’s compensation benefits, or an action filed in the justice of the peace or small claims courts.

If your client landed in federal court—the “Offer of Judgment” found in Federal Rule of Civil Procedure 68 provides a somewhat similar vehicle. However, this is a judgment that is awarded against a defendant like any other judgment. If rejected, there is no “80 percent” buffer zone and there are no limitations. If the plaintiff’s judgment is less than the offer or even $0, the defendant is awarded the full amount of costs.

How does the Offer of Settlement Work?

Here is an example of how the Offer of Settlement works.

• Defendant invokes the Offer of Settlement after 60 days of making an appearance in the case and provides an offer of $50,000 to Plaintiff.
• Plaintiff rejects the Offer of Settlement. In order for the Defendant to be awarded defense costs going forward, the judgment must be less than $40,000 (less than 80% of the offer).
• Jury renders a verdict for Plaintiff of $30,000.
• Defendant spends $80,000 in reasonable attorney’s fees, costs, experts, and deposition costs after the date of its Offer of Settlement.
• Result: Defendant’s award is limited to $30,000 because Defendant’s award cannot exceed the jury’s original verdict.

Practical/Tactical Considerations

An Offer of Settlement can help your defense client answer those two big questions--“How can we get this resolved?” and “How can I recover my costs?” A client cannot recover all costs using this procedure. It can be especially helpful in a case with real damages, because the defendant is not forced to take an unreasonable position that Plaintiff is entitled to $0 damages. In sum, this commonly underutilized tool forces the parties to take an honest evaluation of the case in order to promote early resolution, but also provides some teeth for leveraging your defense.

 

[AnOminous]

Though Rule 167 is pretty limited in what it can provide, when, and how with very narrow window requiring a lot of savvy. Which I wholeheartedly believe is beyond the skill of Zaid. Using rule 167 also re-supposes that Mark Waid is smart enough to seek a settlement.

That's why I think it won't happen. Also you can't force an NDA with it because it's a non-economic condition. This is mainly to keep people from holding out for a million dollars or whatever when their claim is worth nowhere near that.

 

[break these cuffs]

Using rule 167 also re-supposes that Mark Waid is smart enough to seek a settlement.

Waid is a cuck. His twitter gas left him in the dust to Ya Boi. He's a retard who will scream and gnash his teeth in venues where that will win, but I don't think he has a spine. I believe that once faced with the overwhelming legal fuckhammer that will inevitably come down on him, he'll fold and scuttle back to woke twitter where he'll bide his time until his snipes get enough likes.

 

[Least Concern]

Regarding Ya Boi accepting a settlement, he said back in October on a livestream about the case that he would, on what strike me as reasonable terms: an admission of guilt, an apology to AP, damages, and basically a no-contact order. The video has since been removed from his channel, but you can check out a transcript I made of it at the time (as at the time we weren't expecting him to leave it up for long, if at all). Given that, and unless Zack has changed his mind since then, that we don't have a settlement yet has more to do with Waid/Zaid not offering one acceptable to Zack than Zack refusing to accept one in the first place.

(ETA: Or perhaps Waid is being stubborn and not accepting Meyer's settlement offers, as discussed below.)

 

[break these cuffs]

Regarding Ya Boi accepting a settlement, he said back in October on a livestream about the case that he would, on what strike me as reasonable terms: an admission of guilt, an apology to AP, damages, and basically a no-contact order. The video has since been removed from his channel, but you can check out a transcript I made of it at the time (as at the time we weren't expecting him to leave it up for long, if at all). Given that, and unless Zack has changed his mind since then, that we don't have a settlement yet has more to do with Waid/Zaid not offering one acceptable to Zack than Zack refusing to accept one in the first place.

What a cuck. Capefags rise up!

 

[Love Soze]

Waid will never settle with a Nazi.

 

[Least Concern]

Waid will never settle with a Nazi.

Who knows what's going on behind the scenes, but going by what Zaid and friends have been tweeting, they seem to think Meyer's case has no merit in the first place, because Meyer can't prove that Waid bullied AP into dropping the book. And also Meyer has called people mean names in the past, as if that has any bearing on this case somehow.

But yeah, it's quite possible that part of it is also that Waid has been ideologized to the point that reaching any settlement with Meyer, no matter how strong Meyer's case, would be akin to accepting the terms of literally Hitler. In my headcanon, Zaid sees going to bat for Waid on Twitter as part of his job, but in private calls and emails between Waid and Zaid or his other, more forgettable attorney, they're begging him to consider increasingly generous settlement terms Meyer's attorney keeps faxing over to their office, and pulling their hair out that Waid keeps dismissing them out of hand.