Richard Meyer v. Mark Waid (2018)

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Waid Livestream - What will happen?

  • Talks about the lawsuit.

    Votes: 3 8.1%

  • Further incriminates himself.

    Votes: 18 48.6%

  • Defames YaBoi again.

    Votes: 5 13.5%

  • Doesn't talk about the lawsuit nor CG.

    Votes: 2 5.4%

  • Host disagrees with Waid on something, chimpout insues.

    Votes: 7 18.9%

  • Normal interview. (no drama)

    Votes: 2 5.4%
  • Total voters
    37
  • Poll closed .
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Thanks for sharing that.

I gave it a read. The tl;dr is basically "Waid didn't know Meyer and AP were in Texas and Meyer can't prove that he did, so the case should be thrown out." (Keep in mind the case is still in the "quibbling about jurisdiction" phase.)
 
Least Concern said:
Thanks for sharing that.

I gave it a read. The tl;dr is basically "Waid didn't know Meyer and AP were in Texas and Meyer can't prove that he did, so the case should be thrown out." (Keep in mind the case is still in the "quibbling about jurisdiction" phase.)
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Goddamn I wish I would get payed to keep hitting copy+paste over and over again like Waid's lawyers do.
 
Plaintiff’s Objection to Magistrate Judge’s Report and Recommendation

Filed 01/27/20

Update: Order on Report and Recommendation of the United States Magistrate Judge

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With the social media shitfest around this case can he really settle and not lose support from his peers? He's also stubborn and dumb, I hope he tries to bang this out in court, continuing his brilliant strategy of attempting to bleed Meyer out despite having similar or worse coffers.
 
I'm not a Robot said:
Order on Report and Recommendation of the United States Magistrate Judge
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Somebody correct me but does that mean that Waid calling Zack a white supremacist in Texas gets to move forward but him calling him a nazi on Twitter gets BTFO and needs to be filed somewhere else?
 
7proxy said:
Somebody correct me but does that mean that Waid calling Zack a white supremacist in Texas gets to move forward but him calling him a nazi on Twitter gets BTFO and needs to be filed somewhere else?
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Yes, for now.
@AnOminous and I disagree on this one, but I hold that TECHNICALLY this is proper as Texas only has authority to deal with people in Texas. Weid defaming Meyer to an audience outside of Texas isn't part of what Texas cares about... until its time for damages.

If what Meyer did in Texas counts as defamation, than his actions outside are part of a pattern of behavior that can be argued at the damage stage to have resulted in a lot of damage. So long as he can argue that the Texas defamation is, in fact, defamation than I see no reason why identical instances could not be brought up to show that Weid was deliberately aggravating that damage.
 
Gehenna said:
Yes, for now.
@AnOminous and I disagree on this one, but I hold that TECHNICALLY this is proper as Texas only has authority to deal with people in Texas. Weid defaming Meyer to an audience outside of Texas isn't part of what Texas cares about... until its time for damages.
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Texas has a long arm statute that extends to the full limits of due process, at least on paper, which is as expansive as you can get. By this reasoning all you'd have to do is Tweet at someone on an airplane flight across the country, doing a tweet in each state, and they'd have to sue you separately in each state you were flying over. It makes no sense.

(That said it really looks like other jurisdictional rulings I've seen come out of Texas so whatever their statute says their actual practice is not really giving a shit about stuff on the Internet from out of state.)

It also doesn't really matter enough to fight over which means they'll probably end up fighting over it at the Fifth Circuit. At least I anticipate Waid will file an interlocutory appeal to the Fifth, and maybe Meyer will file a cross appeal. And if we're lucky the Fifth Circuit will say no, fuck off, come back when it's over.

All the real quantifiable damages here are in the TI claim anyway.

GrotesqueBushes said:
With the social media shitfest around this case can he really settle and not lose support from his peers?
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His peers hate him because he's a completely insufferable dick and anyone who's worked with him at all has had to cope with one of his screaming, crying tard rage fits.
 
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The twitter stuff can still be brought in to show pattern of behavior for the defamation that happened at the Convention anyway.
 
DragoonSierra said:
Rackets said that it definitely can during the damages phase. But before that?
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I think it would depend on Waids defense. The other stuff could be argued to be prejudicial to the SPECIFIC incident alleged in the plaintiffs pleading and the defense will certainly demand it not be brought up. Thing is though, I dont see how Waid can beat the Houston charge without flat out claiming "he was just being hyperbolic, he's a good boy who would NEVER actually intentionally lie about someone". If he does that Meyer can argue he needs to bring up the rest of it to refute that.

Barring that Waid could try and argue it was just his opinion and the first amendment allows him to have it. Which would be a hard sell but would also mean Meyer may not be able to bring in the rest. Gonna lead to some interesting slap flights in the final set up phase for sure.
 
mindlessobserver said:
I think it would depend on Waids defense. The other stuff could be argued to be prejudicial to the SPECIFIC incident alleged in the plaintiffs pleading and the defense will certainly demand it not be brought up. Thing is though, I dont see how Waid can beat the Houston charge without flat out claiming "he was just being hyperbolic, he's a good boy who would NEVER actually intentionally lie about someone". If he does that Meyer can argue he needs to bring up the rest of it to refute that.

Barring that Waid could try and argue it was just his opinion and the first amendment allows him to have it. Which would be a hard sell but would also mean Meyer may not be able to bring in the rest. Gonna lead to some interesting slap flights in the final set up phase for sure.
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If he claims that its "Just his opinion" he automatically loses as calling someone a nazi is established as defamatory in and of itself. In which case, skip straight to determining damages.

This is a TEXTBOOK case of defemation. That is why Weid's lawyers have spent so long dragging this out, because the only way they win is by Meyer giving up.
 
mindlessobserver said:
Barring that Waid could try and argue it was just his opinion and the first amendment allows him to have it.
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It would be just his opinion if he called Meyer a "Nazi" or a "fascist" or some other similar thing. He instead claimed Meyer associates with white supremacist groups, incited people to commit crimes against comic book store employees by doxing them, and other specific factual claims which were not presented as opinions, but as statements of fact accusing Meyer of illegal activities.

And the online stuff isn't even part of the case anyway, just what he said while physically in Texas.

Whatever he has to say to defend his defamation isn't a defense to the TI claim.
 
I'm not a Robot said:
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As much as I'd rather see almost anything fought over in this case, this doesn't really matter and they have to file the motion that will actually matter at the same time anyway, so I don't see any point in objecting to filing a doomed TCPA at the same time. It doesn't seem likely the Fifth Circuit will immediately reverse itself and it's entirely possible another case comes down saying the TCPA doesn't apply in federal court. In that case, even Waid's douchebag lawyers might not bother filing.

So far as I know, there isn't yet a cert. petition on this, but who knows? There might be by then.

Also opposing this would mean Waid would be almost forced to file a (nearly pointless) TCPA motion now, wasting everyone's time. Maybe even Waid is tired of that.
 
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