Richard Meyer v. Mark Waid (2018)

[damian]

On the YT front:
Quartering:

That Umbrella Guy:

Some weird looking black guy:

Legal YouTubers (that aren't Rekieta Law):

Livestream (Later Today):

 

[AnOminous]

The fuck's a "Superlawyer"?

A lawyer whose Kryptonite is named Daniel H. Byrne. As in, gonna Byrne you to the ground, Superlawyer.

 

[trigon]

Antarctic is in Texas. Texas is a 1-party consent state. So only 1 party has to consent to agreement of recording a phone call for it to be legal. (I don’t know how that works when it’s an interstate phone call tho)

Im no expert but i would assume its on whoever receives the call precisely for occasions like someone calling in with a threat.

The fuck's a "Superlawyer"?

In this case theres a certain publication out there and if you mail in to them proving you meet their criteria theyll give you a superlawyer award. Ive forgotten which publication (EVS mentions it on his stream on Monday) but it means hes taken a certain number of pro bono cases.

Now thats not to say Zaid hasnt run some serious lawsuits in the past (see: the Syria lawsuit) but earning this award is nothing but fluff.

 

[Burning Fanatic]

This is how it will go down
(in Waid’s mind as he’s heavily sedated during the trial)
Judge will walk in, see YaBoi wearing his best Nazi cosplay and throwing up ‘OK’ signs, punches him in the face, high fives Waid and awards Waid a medal for his bravery at stopping Hitler 2.0 from gaining power in the comics industry.

After punching him in the face, he'd probably take out a cord phone and start beating YaBoi with it while he's on the ground.

 

[AprilRains]

It probably depends what the other state is and who consented. As a matter of caution, assume the most restrictive state's laws apply.

Legal sperging: It's notification, not consent. All you have to do is tell them. Of course, they can then hang up, so this distinction isn't important most of the time.

 

[RodgerDodger]

My prediction is that this will never go to the jury. Meyer will win some slap-on-the-wrist judgement from Waid, like $500 or so, and Waid will spin it as a moral victory for himself.
The one immutable truth of the justice system is that they hate dealing with lolcows.

Bonus sequel: Waid will send his judgement as a check but write something like "Funding for gas chambers" on the memo, and Meyer will refuse to cash it, and on and on.

It’s Federal Court. If it goes to trial, either Judge or Jury, it will not be a slap on the wrist judgement. Federal doesn’t really do that. Either it settles cleanly and quietly, of which Meyer has no real reason to do cheaply, or it goes to trial and Waid gets slapped. Meyer has enough to get it to trial. It won’t be tossed for shallow or odd reasons.. there is a clear quantifiable injury. And the Super Villain monolged it.

Also keep in mind, yes Antarctic Press said in public Waid had nothing to do with them cancelling the contract. That is completely meaningless. It’s what they say under oath at deposition. And nobody is going to Federally Perjure themselves for Mark Waid. Especially when it will not even be a matter or question of Waid convincing them. The overt act of making the call and having the conversation is likely enough.

 

[Kirito]

It’s Federal Court. If it goes to trial, either Judge or Jury, it will not be a slap on the wrist judgement. Federal doesn’t really do that. Either it settles cleanly and quietly, of which Meyer has no real reason to do cheaply, or it goes to trial and Waid gets slapped. Meyer has enough to get it to trial. It won’t be tossed for shallow or odd reasons.. there is a clear quantifiable injury. And the Super Villain monolged it.

Also keep in mind, yes Antarctic Press said in public Waid had nothing to do with them cancelling the contract. That is completely meaningless. It’s what they say under oath at deposition. And nobody is going to Federally Perjure themselves for Mark Waid. Especially when it will not even be a matter or question of Waid convincing them. The overt act of making the call and having the conversation is likely enough.

Does what antarctic press says even matter if he can provide actual proof Waid interfered?

 

[Marvin]

Aren't people selected for jury duty at random? In a jury composed of random Texans, almost anyone opposite a clean cut twice-Sergeant who's somewhat well spoken and has a good demeanor would be in trouble, but someone like Mark Waid?

Where in Texas? Richard Meyer is in Austin which is full of hipster sjws, I think. This is a federal case so where do they farm the jury from? All over the district or what?

@AnOminous What do you think?

(I don't think the jury selection matters all that much though. Everyone seems to be saying it's a pretty slam-dunk case.)

 

[Water-T]

The fuck's a "Superlawyer"?

A guy bitten by a radioactive lawyer.

 

[damian]

https://twitter.com/ekuseru420/status/1047022147946860544 https://archive.fo/RP8NW

 

[Kosher Dill]

Everyone seems to be saying it's a pretty slam-dunk case.

Well sure, just like "Release of Dangerous Gas" was a slam-dunk case in the ongoing State vs. CWC legal saga.
Which is to say, there's the law as written and then there's the law as implemented by a bunch of judges who just don't want to deal with lolcow stuff.

 

[Marvin]

Well sure, just like "Release of Dangerous Gas" was a slam-dunk case in the ongoing State vs. CWC legal saga.
Which is to say, there's the law as written and then there's the law as implemented by a bunch of judges who just don't want to deal with lolcow stuff.

It was a slam dunk case. Chris was found guilty, served a suspended sentence and was fined.

In this case, we're talking about contract law. You show up, show the relevant papers and claims, and the judge rules one way or another.

 

[Kosher Dill]

It was a slam dunk case. Chris was found guilty, served a suspended sentence and was fined.

... and everyone hoping for him to get a felony on his record and do 5 years in the state pen went home with blue balls.

 

[Marvin]

... and everyone hoping for him to get a felony on his record and do 5 years in the state pen went home with blue balls.

Layman, especially alogs, are blinded by what they want to see, regardless of the facts available to them. To the people who were able to step back a little and think about it more critically, Chris' sentence was unsurprising.

I'll be more specific.

In this particular case, from what I've heard from various legal professionals (not alogs), if the facts are correct, this is likely a slam dunk case.

 

[AprilRains]

Exactly. Waid and those siding with him keep sperging out over how this will go nowhere, as if saying that on social media will change anything.

Mindless groupthink in lockstep has worked for them before, in their shitty little echo chamber. Hell, fear of shunning is probably what keeps them in the fold. They're too stupid to learn the rules of any other world.

... and everyone hoping for him to get a felony on his record and do 5 years in the state pen went home with blue balls.

Well, if anyone thinks that Waid is going to jail over this, I've explained as best I can why that won't happen as a direct result of this suit.

 

[damian]

Live:

 

[RodgerDodger]

Layman, especially alogs, are blinded by what they want to see, regardless of the facts available to them. To the people who were able to step back a little and think about it more critically, Chris' sentence was unsurprising.

I'll be more specific.

In this particular case, from what I've heard from various legal professionals (not alogs), if the facts are correct, this is likely a slam dunk case.

The facts quite literally played out in public in front of everyone. There isn't much dispute here regarding facts. There is a clear chronology of public statements and disturbingly public actions. One way or another Waid is going to get hit for damages. The only real dispute will be over the amount of those, which is where the battle will be waged. Meyer likely proved up front the $75k requirement, simply by the sales levels of his direct to consumer campaign. At least as a need to get the case in the door. The property is valued at $xxx,xxx as seen by the direct sales. So the argument becomes how much it could have made if it had shelf presence? It all comes down to how the parties are able to value things before the judge.

And here's the hilarious part. Mark Waid, one of Marvel's most prominent writers. A man who for 30 years makes his living writing comic books, will be arguing in Federal Court that comic sales suck, nobody buys comic books, and comic books don't make that much money. Won't that be delicious?

As god is my witness I could not even begin to guess how a Judge will value this shitshow? Some inner voice says it will settle for $50k per issue or $150,000 total. But I'm no expert.

 

[AnOminous]

Where in Texas? Richard Meyer is in Austin which is full of hipster sjws, I think. This is a federal case so where do they farm the jury from? All over the district or what?

@AnOminous What do you think?

(I don't think the jury selection matters all that much though. Everyone seems to be saying it's a pretty slam-dunk case.)

The Western District of Texas. That's a lot of territory. It's also randomly selected from a bunch of names compiled from various records kept by the state, so it's somewhat biased toward responsible adults since these are things like voter registrations. So I wouldn't expect 12 jurors whose only public record of existence is weed and shoplifting busts and a tumblr account.

As god is my witness I could not even begin to guess how a Judge will value this shitshow? Some inner voice says it will settle for $50k per issue or $150,000 total. But I'm no expert.

This is totally off the cuff bullshit, but I'd guess if it settles, it will be in the low-to-mid 5 figures and if it goes to trial, it will be in the low 6 figures for actual damages and might double or even triple from punitives, depending on whether Waid chooses to go full Gawker in front of a Texas jury.

Legal sperging: It's notification, not consent. All you have to do is tell them. Of course, they can then hang up, so this distinction isn't important most of the time.

They're still called "one party consent" laws. Staying on the line after being notified is consent.

 

[RodgerDodger]

The Western District of Texas. That's a lot of territory. It's also randomly selected from a bunch of names compiled from various records kept by the state, so it's somewhat biased toward responsible adults since these are things like voter registrations. So I wouldn't expect 12 jurors whose only public record of existence is weed and shoplifting busts and a tumblr account.



This is totally off the cuff bullshit, but I'd guess if it settles, it will be in the low-to-mid 5 figures and if it goes to trial, it will be in the low 6 figures for actual damages and might double or even triple from punitives, depending on whether Waid chooses to go full Gawker in front of a Texas jury.



They're still called "one party consent" laws. Staying on the line after being notified is consent.

A lot of the Damages will depend on whether or not MArk Waid actually has to get in front of the Judge or a Jury. There's no way he doesn't melt down or come across as an arrogant douchenozzle in person. It's Texas. Even a Civil Jury might just vote to hang him as a matter of public decency.

 

[Kosher Dill]

There's no way he doesn't melt down or come across as an arrogant douchenozzle in person.

He's going to set a new record for the most quotation marks ever verbally stacked onto Your """"""""""""Honor"""""""""""".