Richard Meyer v. Mark Waid (2018)

[KO 864]

Are any Texas kiwis planning on documenting the trial for future generations?

 

[DragoonSierra]

Byrne you to the ground

 

[waffle]

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.

Chris' criminal misadventures and Waid's business torts aren't even in the same ballpark. The system not liking to incarcerate retards on an offense where nobody rely got hurt is not the same thing as a federal judge looking at a dispute between two published authors about a book deal, that's how this issue will be framed to the judge and he will take it seriously. Federal court and state court are different animals, and in a civil case you have a motivated adversary who's out for blood(money), not a prosecutor that doesn't rely give a fuck about throwing a slobbering retard like Chris in jail and can make political hay out of "alternative sentencing" for "special needs offendors" or some other buzz word bull shit.

 

[AprilRains]

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

True. My main point is that one doesn't need to obtain explicit consent. You tell them, and if they stay on the call and you didn't promise to stop recording, it's legal.

 

[RadicalCentrist]

Chris' criminal misadventures and Waid's business torts aren't even in the same ballpark. The system not liking to incarcerate exceptional individuals on an offense where nobody rely got hurt is not the same thing as a federal judge looking at a dispute between two published authors about a book deal, that's how this issue will be framed to the judge and he will take it seriously. Federal court and state court are different animals, and in a civil case you have a motivated adversary who's out for blood(money), not a prosecutor that doesn't rely give a fuck about throwing a slobbering exceptional individual like Chris in jail and can make political hay out of "alternative sentencing" for "special needs offendors" or some other buzz word bull shit.

In other words, reality is about to ensue for Mr Waid and his ilk. It's been a long time coming.

 

[damian]

 

[DragoonSierra]

So when can we expect a response to the lawsuit?

 

[damian]

https://twitter.com/ethanvansciver/status/1047556063514517504

So when can we expect a response to the lawsuit?

IIRC Waid has 21 days (not sure if business days) to respond to the lawsuit.

 

[Goofy Logic]

IIRC Waid has 21 days (not sure if business days) to respond to the lawsuit.

Since Meyer is a massive bigot seeking attention, Waid should take the high road and not respond to the lawsuit.

 

[Triple S Rank]

So when can we expect a response to the lawsuit?

I think i saw that the Rekieta law stream said the 11th but it MIGHT be pushed back to the 15th due to the weekend but it would show Waid poorly to the judge/court. However according to websites ive seen civil suit responses are required by 10am of the following Monday after 20 days including weekends from the date of filing (9-19-18 https://pomf.pyonpyon.moe/mjgljw.png) which would put it on the 15th.

So by both sources, the 15th at the latest.

edit: forgot the source for the 20 days smh https://texaslawhelp.org/checklist/instructions-filing-answer-civil-case-non-family-law

BY THE 12TH.


edit 2: I was wrong. This is why one shouldnt trust the internet and just go and find the documents. Thanks for the correction @AnOminous

 

[The Flawless Gazelles]

Can a lawyer kiwi give us a small overview of what the lawsuit approximately may cost for both sides, and how the cost is made up?

 

[AnOminous]

I think i saw that the Rekieta law stream said the 11th but it MIGHT be pushed back to the 15th due to the weekend but it would show Waid poorly to the judge/court. However according to websites ive seen civil suit responses are required by 10am of the following Monday after 20 days including weekends from the date of filing (9-19-18 https://pomf.pyonpyon.moe/mjgljw.png) which would put it on the 15th.

So by both sources, the 15th at the latest.

edit: forgot the source for the 20 days smh https://texaslawhelp.org/checklist/instructions-filing-answer-civil-case-non-family-law

According to the docket, the 12th.

5
Summons Returned Executed Wed 12:45 PM
SUMMONS Returned Executed by Richard Meyer. Mark Waid served on 9/21/2018, answer due 10/12/2018. (Byrne, Daniel)

I think those are automatically generated, though. I'd expect competent counsel would respond on Friday shortly before the close of business.

 

[RodgerDodger]

View attachment 557968https://twitter.com/ethanvansciver/status/1047556063514517504

View attachment 557967

IIRC Waid has 21 days (not sure if business days) to respond to the lawsuit.

EVS likely has a point here. But not for the reason he thinks. Meyer seems to have selected well for his attorney. A skilled local / regional group that seems meticulous, at least at first look. Not a big money firm. But a hard working and productive one. Not a pack of Prima Donnas. Meyer will get what he pays for from them, and likely get hard work and good value. They look to be a good solid local workhorse firm.

Waid selected an over priced Prima Donna. His case has no possibility of big payout to the “Billion Dollar Lockerbie Lawyer”. So he’s not going to get any attention from them. None whatsoever. He will be lucky if they bother to file a response on time, bother to read the filings, or even bother to show up. Waid is a bug to his lawyer. An unprofitable bug. The lawyer will bill him and put in the minimum to see that his bills must be paid. Nothing more. Why would he? Waid is a nuisance and a bug. Any work on Waid’s case will be farmed off to an intern who doesn’t even have a billing code for the photocopier.

 

[AnOminous]

EVS likely has a point here. But not for the reason he thinks. Meyer seems to have selected well for his attorney. A skilled local / regional group that seems meticulous, at least at first look. Not a big money firm. But a hard working and productive one. Not a pack of Prima Donnas. Meyer will get what he pays for from them, and likely get hard work and good value. They look to be a good solid local workhorse firm.

There's no reason for more. This is a pretty simple case. The fact that it's on the Internet and the drama involved could fill a cheap novel doesn't make the case any more complicated. It's pretty much on all fours with the more standard case where, for instance, someone poached a contracting job out from some construction company by slandering them over the phone.

Mark Waid's dumbfuck worshippers seem to think this is going to be some grand case full of Perry Mason bullshit about how evil Richard Meyer is.

It won't be.

It's going to be was there a contract, did Mark Waid make this call, was the contract canceled. That's it. Any claim by Waid that he didn't or that he wasn't trying to get it canceled will just be cross examined with "do you remember making this tweet?" "do you remember giving this interview?" "do you remember saying this other fucking dumbass thing you said?"

And now, of course, "who is Richard Pace?" And "do you remember saying this in your deposition?" If it even gets that far.

Waid's people are like a lot of protesters who break the law for whatever reason and think the trial is going to be about their heroic motivations, when it's going to be about "was the property line here" and "did you cross it?"

 

[damian]

There's no reason for more. This is a pretty simple case. The fact that it's on the Internet and the drama involved could fill a cheap novel doesn't make the case any more complicated. It's pretty much on all fours with the more standard case where, for instance, someone poached a contracting job out from some construction company by slandering them over the phone.

Mark Waid's dumbfuck worshippers seem to think this is going to be some grand case full of Perry Mason bullshit about how evil Richard Meyer is.

It won't be.

It's going to be was there a contract, did Mark Waid make this call, was the contract canceled. That's it. Any claim by Waid that he didn't or that he wasn't trying to get it canceled will just be cross examined with "do you remember making this tweet?" "do you remember giving this interview?" "do you remember saying this other fucking dumbass thing you said?"

And now, of course, "who is Richard Pace?" And "do you remember saying this in your deposition?" If it even gets that far.

Waid's people are like a lot of protesters who break the law for whatever reason and think the trial is going to be about their heroic motivations, when it's going to be about "was the property line here" and "did you cross it?"

But...but...Meyer is EVIL!!! HE SAID MEAN THINGS ON THE INTERNET!!!!!!!

 

[AnOminous]

But...but...Meyer is EVIL!!! HE SAID MEAN THINGS ON THE INTERNET!!!!!!!

Also lol:

"Additional information regarding attempted service, etc: Caucasian | White Male, 50 Years Old, 5 Feet' Six Inches Tall, 220 Lbs, Brown Hair."

Confirmed for manlet.

Let's take a look at this federal judge from Texas, the Honorable Earl Leroy Yeakel III. He goes by Lee Yeakel. It's hard to imagine a more Texan name than that, although he was actually born in Oklahoma.

So does he live up to the image you might have of someone named that?

Let's see.

The Federal Judicial Center has some summary information on him:

Born 1945 in Oklahoma City, OK

Federal Judicial Service:
Judge, U.S. District Court for the Western District of Texas
Nominated by George W. Bush on May 1, 2003, to a seat vacated by James R. Nowlin. Confirmed by the Senate on July 28, 2003, and received commission on July 29, 2003.

Education:
University of Texas, B.A., 1966
University of Texas School of Law, J.D., 1969
University of Virginia School of Law, LL.M., 2001

Professional Career:
U.S. Marine Corps, 1967-1970
Private practice, Austin, Texas, 1969-1998
Justice, Third Court of Appeals of Texas, 1998-2003; chief justice, 1998

Let's just say he doesn't sound like the type of person who will be particularly impressed by a shrieking hyper-liberal manbabby calling people Nazis and trying to destroy their livelihoods for having mainstream centrist views.

He's also a Marine, just like Richard Meyer.

In fact, I imagine the judge seems to people like Mark Waid to be the very kind of person he routinely calls a Nazi himself. I doubt Waid will be able to conceal his sneering contempt for the kind of person he'd consider this judge, and am almost certain that he will claim the judge is politically biased when he does nothing but make decisions in accordance with the law governing the case.

 

[BrigadeLeader]

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.

I do believe Texas still has a death penality.

 

[AprilRains]

I do believe Texas still has a death penality.

Civil versus criminal sperging aside, Texas totally has a death penalty, and they don't let it gather dust in the closet either.

 

[RodgerDodger]

I do believe Texas still has a death penality.

Texas still feels “Yer’ Honor, He Really Really Needed Killin’“ is a valid cause of action. And if anyone would meet that standard in person, it’s Mark Waid.

 

[Done]

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.

One thing I am honestly wondering is why Meyer wants this to be a jury trial? Wouldn't that add to the (very small) likelihood of things going to shit?