Richard Meyer v. Mark Waid (2018)

[AnOminous]

So it seems that Sherman Act violations are unlikely, but can a real lawyer tell me why respondeat superior isn't applied in Waid's case? The idea he isn't representing Marvel (and ultimately Disney) on his official Twitter is laughable.

Because apparently as a strategic matter Meyer's lawyer felt it was better not to drag in the whole corporate octopus, perhaps deciding the deep pockets weren't worth fucking with The Mouse, or perhaps simply deciding that Waid's pockets are themselves sufficiently deep. I doubt we'll know for sure without Meyer's lawyers publicly disclosing their legal strategies, which seems unlikely and unwise.

As a theoretical matter? They could dissociate themselves from Waid by claiming he was either an independent contractor who acted on his own, or was engaged in a "frolic of his own" rather than acting on their behalf as an employee. Or argue both in the alternative even though they're semi-contradictory.

They really could have made the decision for any number of reasons, and if you read the complaint, it's a fairly lucid and minimal complaint limiting the case and the arguments to the simplest presentation rather than diving into the underbrush of sperging about every tiny detail. I think this is probably actually a good idea, as much fun as it was when this first happened to speculate wildly about how there were a couple dozen causes of action here if you got creative.

Doesn't that fall under truth being a defense?

Truth is a defense in a defamation case. So it might be relevant to that part of the case. It's not really relevant to a tortious interference case where the defendant is accused of improperly inducing a third party to breach a contract with the plaintiff.

Waid doesn't have to have said anything untrue for that to be a tort. If he contacted Antarctic Press and said bad things would happen to them if they didn't breach their contract with Meyer, he broke the law.

 

[Emperor Julian]

My knowlegue of legal cases is fairly limited but I'm right that boasting and talking shit about the whole thing publically in a recordable medium while it's going on is a really really bad idea? Considering Jim Sterling shut the fuck up and Digital Homicide's suit was way weaker, I can imagine your lawyer specifically tells you not to run your mouth.

Here's hoping that Mark fucks this up badly enough that the big boys take note.

"I'm glad you 'agreed' to star in this training video about public statements and Affiliates of the Disney corp.....tell me have you ever heard of scaphism?"

 

[Anonymus Fluhre]

So I've been reading up on this Mark Zaid person. Is it the same one who tends to take government jobs and national security cases? If so who's paying for him? Waid I don't think has the money for it as comic writers don't make as much as artists since all they can do at conventions is sign comics and his comics aren't worth all that much (9.8CGC signed Deadpool #1 from 1994 is less than $300 and all he asks for is probably the usual $20 for a signature.). Compare that to an artist who can make between $400 to $2000 for a drawing at a convention.

 

[andr0id psycho sho(ker]

So I've been reading up on this Mark Zaid person. Is it the same one who tends to take government jobs and national security cases? If so who's paying for him? Waid I don't think has the money for it as comic writers don't make as much as artists since all they can do at conventions is sign comics and his comics aren't worth all that much (9.8CGC signed Deadpool #1 from 1994 is less than $300 and all he asks for is probably the usual $20 for a signature.). Compare that to an artist who can make between $400 to $2000 for a drawing at a convention.

If I had to guess at random, maybe Disney itself. A person like Zaid isn't likely to meet Mark Waid at random

 

[glass_houses]

If I had to guess at random, maybe Disney itself. A person like Zaid isn't likely to meet Mark Waid at random

My thoughts exactly. This is a billion dollar winning lawyer, signed on for a tiddling hurt feels case, that's not even asking $100 000. I suspect that the Mouse is footing the bill.

 

[Creep3r]

If true, The Mouse truly is a Hydra that corrupts all it touches.

 

[andr0id psycho sho(ker]

If true, The Mouse truly is a Hydra that corrupts all it touches.

Hail Hydra Mickey

 

[KillThemCrackasBabies]

Meyer is demanding a jury trial but that judgement, peculiarly, be requested against ‘Defendant Chris Waid’. Who this is, and his relationship to Mark Waid, is not made clear.

Now before I get very mad and very autistic and start laughing at Tricky Dick, would anyone like to correct me and let me know that Waid's government name really is "Chris"?

Because if not lmao way to throw that opening swing.

 

[Red Hood]

Laywers only have two viable specs, "jewish min/maxer" & the alternative "right-leaning opportunist" builds. Hpefully one of the latter steps up because free legal advice & FAQs are not for goyim. Pro bono, just lol

What shit tier build did Michael Avenatti go with?

 

[ShittyRecolor]

As long as this results in Waid shedding salty tears and throwing temper tantrums I'll be happy.

 

[soy_king]

Because apparently as a strategic matter Meyer's lawyer felt it was better not to drag in the whole corporate octopus, perhaps deciding the deep pockets weren't worth fucking with The Mouse, or perhaps simply deciding that Waid's pockets are themselves sufficiently deep. I doubt we'll know for sure without Meyer's lawyers publicly disclosing their legal strategies, which seems unlikely and unwise.

As a theoretical matter? They could dissociate themselves from Waid by claiming he was either an independent contractor who acted on his own, or was engaged in a "frolic of his own" rather than acting on their behalf as an employee. Or argue both in the alternative even though they're semi-contradictory.

They really could have made the decision for any number of reasons, and if you read the complaint, it's a fairly lucid and minimal complaint limiting the case and the arguments to the simplest presentation rather than diving into the underbrush of sperging about every tiny detail. I think this is probably actually a good idea, as much fun as it was when this first happened to speculate wildly about how there were a couple dozen causes of action here if you got creative.



Truth is a defense in a defamation case. So it might be relevant to that part of the case. It's not really relevant to a tortious interference case where the defendant is accused of improperly inducing a third party to breach a contract with the plaintiff.

Waid doesn't have to have said anything untrue for that to be a tort. If he contacted Antarctic Press and said bad things would happen to them if they didn't breach their contract with Meyer, he broke the law.

Yeah that makes a lot of sense. Tbh i didn't really believe the antitrust thing had much of a chance, but it wouldve been interesting. The only knowledge I have of Meyers complaint is the Rekieta video, but do you know what sort of relief yabois asking for? Aside from the 75k that made it sufficient as a diversity jurisdiction, which I highly doubt Waid has, was he asking for a public apology for Waids accusations?

 

[Autopsy]

I stayed away from all this comic stuff but I do love lawsuit salt. Rackets sure seems animated over this one.

Comic in-crowd autists are the loudest and least well-informed of "IANAL buuuut"posters on twitter and this should be an easy ass case, so he's going to rub it in for at a couple weeks.

 

[waffle]

Waid is going to get rung up on this one, he's too much of an idiot to quit when he's behind and seems to have the money to go the distance to trial.

Mark Waid hiring a guy named Mark Zaid is the most comic book thing ever. I'm waiting for them to be clones or long lost twins or some dumb comic book plot twist.

EDIT

People saying this is a 75k law suit are wrong, that's just a statement that they are asking for more than 75k, it's a jurisdictional thing for the federal court. I'd expect the request to a jury to be several hundred thousand dollars or more of they can show that waid torpedoed a multibook deal.

 

[RockVolnutt]

Now before I get very mad and very autistic and start laughing at Tricky Dick, would anyone like to correct me and let me know that Waid's government name really is "Chris"?

Because if not lmao way to throw that opening swing.

It's Rich Johnston making a joke about what seems to be a typo on the part of the document. I'm doubting Tricky Dick came to his lawyer screaming about "DA KWISS WADE MADE FUN OF ME, GIMME BIG BOY BUCKS".

 

[HG 400]

What are the chances of this actually going in front of a jury and why is Meyer asking for one in the first place?

 

[Hatoful Dandy]

What are the chances of this actually going in front of a jury and why is Meyer asking for one in the first place?

Mark Waid WOULD rub a jury the wrong way what with all the evidence that's going to be presented.

 

[Sho'nuff]

What are the chances of this actually going in front of a jury and why is Meyer asking for one in the first place?

The difference between a bench vs jury trial usually comes down to emotion. Jury's are swayed by emotional defenses, like OJs "but muh racism" defense.
I would have assumed that Meyer would want a bench trial, because it's pretty straight forward, but I think his lawyer may look at APs statements of not being contacted as problematic.
Regardless I think Meyer wants a jury trial because I think his lawyer will turn this into an ad-hoc defamation case, and roll out the massive amount of character assassination against Meyer. Paint Waid as some kind of bully.
A judge wouldn't consider ,probably wouldn't even hear argument in that light

 

[mindlessobserver]

The difference between a bench vs jury trial usually comes down to emotion. Jury's are swayed by emotional defenses, like OJs "but muh racism" defense.
I would have assumed that Meyer would want a bench trial, because it's pretty straight forward, but I think his lawyer may look at APs statements of not being contacted as problematic.
Regardless I think Meyer wants a jury trial because I think his lawyer will turn this into an ad-hoc defamation case, and roll out the massive amount of character assassination against Meyer. Paint Waid as some kind of bully.
A judge wouldn't consider ,probably wouldn't even hear argument in that light

This will only see a Jury if there is actually a legal dispute that needs to be hashed out. Twitter spergs aside, there really does not seem much in dispute here. Waid was a bad boy and he owes Meyer money for it. The judge may very well grant the plaintiffs demands in summary judgement.

 

[soy_king]

This will only see a Jury if there is actually a legal dispute that needs to be hashed out. Twitter spergs aside, there really does not seem much in dispute here. Waid was a bad boy and he owes Meyer money for it. The judge may very well grant the plaintiffs demands in summary judgement.

Without yet reading Waid's response, I doubt there will be summary judgment. There seems to be a factual dispute as to whether yaboi is a racist, and most likely until discovery, Waid will probably allege that he didn't do anything more than talk to an AP representative in some unofficial capacity. That being said, I doubt Waid actually has a case. What I'm interested to see is how discovery will proceed for deleted tweets, and whether Waid deleting his tweets counts as spoliation.

 

[The Doktor]

Because apparently as a strategic matter Meyer's lawyer felt it was better not to drag in the whole corporate octopus, perhaps deciding the deep pockets weren't worth fucking with The Mouse, or perhaps simply deciding that Waid's pockets are themselves sufficiently deep. I doubt we'll know for sure without Meyer's lawyers publicly disclosing their legal strategies, which seems unlikely and unwise.

As a theoretical matter? They could dissociate themselves from Waid by claiming he was either an independent contractor who acted on his own, or was engaged in a "frolic of his own" rather than acting on their behalf as an employee. Or argue both in the alternative even though they're semi-contradictory.

They really could have made the decision for any number of reasons, and if you read the complaint, it's a fairly lucid and minimal complaint limiting the case and the arguments to the simplest presentation rather than diving into the underbrush of sperging about every tiny detail. I think this is probably actually a good idea, as much fun as it was when this first happened to speculate wildly about how there were a couple dozen causes of action here if you got creative.

It could also be that Meyer’s lawyer is simply being patient & sticking exclusively with what he can prove right now with the publicly available evidence (the BC article, the text messages with Richard & the publisher, Waid’s own posts on Facebook, etc). This can absolutely expand to include others if it makes it as far as the discovery phase & interesting things are uncovered when Waid’s communications become available to Meyer’s lawyers.