Richard Meyer v. Mark Waid (2018)

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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"The tape is coming tomorrow, I believe it's coming tomorrow"
I don't think it's coming tomorrow. I'm not confident the tape still exists.

That likely means “he is expecting a response to his FOI request for the tape tomorrow”. Which makes sense. It’s likely submit a request and it will take 48 hours to process. The fact that he got an incident log so fast actually makes me a little more hopeful that something more may exist. Whether it is a digital recording of the 911 call remains to be seen. But it’s under 5 years, so it has a chance.
 
No, but if delays things and makes it more expensive. This is how douche canoes abuse the system and give it the well deserved reputation of favoring rich people. You find any legal justification you have to bury the opposition in motions. Each filings costs court fees, a lawyer bills hours to make the filings, and the costs pile up.
Wouldnt most judges see through that?

Alright so the more i look at this the more i'm convinced that Waid's strategy is to win the defamation argument(which should be doable), and settle the tort and just pretend he won
Maybe? I mean yes he would do that for his own ego and so he wont be tarred and feathered by the lefty crowd, but could his own ego take having to pay Meyer $75,000 as well as his own massive lawyer fees?
 
Alright so the more i look at this the more i'm convinced that Waid's strategy is to win the defamation argument(which should be doable), and settle the tort and just pretend he won
I am kinda curious at how solid the Defamation thing is. People here and elsewhere have more or less explained why the tortious interference is in the bag for Meyer. The anti-CG side is obsessing over the defamation part because it seems like the most guaranteed part for Waid. Is it really that in the bag?
 
I am kinda curious at how solid the Defamation thing is. People here and elsewhere have more or less explained why the tortious interference is in the bag for Meyer. The anti-CG side is obsessing over the defamation part because it seems like the most guaranteed part for Waid. Is it really that in the bag?

It's harder for a couple of reasons. First and foremost is that Ya Boi might be considered what's called a "limited purpose public figure," which makes it a lot harder to prove defamation -- if someone is a public figure you basically have to prove either the person who made the statements acted with a reckless disregard for the truth, or acted with "actual malice," i.e., they set out to lie in order to damage the plaintiff. Waid's assertions Zack is a white supremacist or a bigot or what have you might be deemed non-actionable as they're simply opinions, or mistakes of fact. I don't really know how courts are looking at YouTubers for the purpose of being public figures, but the test involves one's ability to have one's voice heard in the public square, so with a following in the tens of thousands Meyer pretty arguably qualifies.

Where it gets difficult is the much less sexy stuff about claiming Zack released the contact info for various comics shops employees and encouraged his followers to go after them. That seems pretty provably false, and not something you could chalk up to a mistake, and pretty clearly something done with the specific purpose of harming Meyer. and if Waid is found liable for defamation it'll likely be for those statements, not the more inflammatory muh rayciss stuff.
 
One of the requirements of defamation is a provable loss, and the tortious interference ties into that.

It seems tacked on, but at the same time, if Waid is found to have interfered with a contract by calling them up and saying "The guy's a fucking Nazi!", then the defamation part isn't that far a stretch.
 
Not a lawyer and too lazy to go look up the original complaint, but my memory says that the defamation isn't "Waa-waa, Waid said mean things about me," it's much more tightly focused and integrated into the tortious interference claim. Something like, "Waid made these specific claims when he called AP, and the untrue things he said will make it less likely any other publisher will want to deal with me, either."

That's qualitatively different than the usual 'suing the internet' thing we're used to seeing. It's still, from what I understand, a much weaker claim.
 
I am kinda curious at how solid the Defamation thing is. People here and elsewhere have more or less explained why the tortious interference is in the bag for Meyer. The anti-CG side is obsessing over the defamation part because it seems like the most guaranteed part for Waid. Is it really that in the bag?
The anti-CG side will be dead certain regardless of the merits.
 
It's harder for a couple of reasons. First and foremost is that Ya Boi might be considered what's called a "limited purpose public figure," which makes it a lot harder to prove defamation -- if someone is a public figure you basically have to prove either the person who made the statements acted with a reckless disregard for the truth, or acted with "actual malice," i.e., they set out to lie in order to damage the plaintiff.

Actual malice doesn't refer to a malicious state of mind or desire to harm, but to making statements with actual knowledge of their falsity or reckless disregard as to their truth or falsity. A desire to harm is neither necessary nor sufficient to establish it. You could openly intend to destroy the target of your statements utterly, but if you made sure what you were saying was true, or at least made appropriate efforts to ensure it was true, there is no "actual malice," a misleading term of art.

That seems pretty provably false, and not something you could chalk up to a mistake, and pretty clearly something done with the specific purpose of harming Meyer.

It is provably false, and what is more, the events Waid lied about transpired entirely in public and the evidence of it was readily available. Waid either knew what he was saying was false, or acted with reckless disregard as to its truth or falsity, doing nothing to verify whether his statements were truthful, which is an inevitable inference from the fact that even the most cursory examination of what happened would have shown that the claims were outright false.

The anti-CG side is obsessing over the defamation part because it seems like the most guaranteed part for Waid. Is it really that in the bag?

If it consisted solely of the typical infantile "Nazi Nazi" name-calling, it probably would be. People generally don't take accusations like that seriously, although in the current time of screeching low-information hate mobs, even such vapid accusations carry some weight among the extremely stupid and imo can still be damaging.

However, Waid made some pretty specific and pretty clearly false factual allegations that would tend to be harmful, and the judge could view whether they actually did cause the claimed harm as a question for the jury.

This would preclude disposing of the claim on a motion to dismiss or, subsequently, a motion for summary judgment.

The tortious interference claim could conceivably actually be decided in favor of the plaintiff on summary judgment, especially if the actual content of the phone call itself gets established conclusively in discovery.

I think it probably won't, because whether or not it actually caused the decision to breach the contract is a fact question for the jury.
 
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Meyer truly is a military man, he chose the battlefield (Texas) that better suited his cases.

So far from my understanding YaBoi could win the defamation case if the judge doesn’t consider him a public figure, right? Or would it still be an uphill battle?
 
Meyer truly is a military man, he chose the battlefield (Texas) that better suited his cases.

So far from my understanding YaBoi could win the defamation case if the judge doesn’t consider him a public figure, right? Or would it still be an uphill battle?
Reading the initial filing YaBoi pretty much set himself up to be a public figure and represented himself as such, in support of the tort claims, so he's likely to be considered one for the case
 
Meyer truly is a military man, he chose the battlefield (Texas) that better suited his cases.

So far from my understanding YaBoi could win the defamation case if the judge doesn’t consider him a public figure, right? Or would it still be an uphill battle?

It's not at all impossible he'd prevail even if he is a public figure. By way of example, Jesse Ventura recently won a defamation suit against the estate of Chris Kyle, and there you were talking about a much more public figure who was way more odious than Meyer, and a defendant who was way more sympathetic than Mark Waid. But it will be an uphill battle.
 
It's not at all impossible he'd prevail even if he is a public figure. By way of example, Jesse Ventura recently won a defamation suit against the estate of Chris Kyle, and there you were talking about a much more public figure who was way more odious than Meyer, and a defendant who was way more sympathetic than Mark Waid. But it will be an uphill battle.

so likely just wait and see until the trial actually happens
 
Meyer truly is a military man, he chose the battlefield (Texas) that better suited his cases.

So far from my understanding YaBoi could win the defamation case if the judge doesn’t consider him a public figure, right? Or would it still be an uphill battle?

From here:

Reasons for a Defamation Lawsuit

You may be able to sue for defamation if:
  • False statements were made as if they were true.
  • The defamation caused damages.
In cases of defamation “per se,” damage does not have to be proven. Defamation per say may occur when the party being sued states that the defamation victim:
  • Had a sexually transmitted disease.
  • Was guilty of sexual misconduct.
  • Committed a crime.
  • Was not fit to run a business.
This is why I think the defamation ties into the tortious interference. Hes not saying Waid screaming about it on Twitter caused him a loss, he's saying Waid caused him loss by going out of his way to defame Meyer to a business partner.
 
It's not at all impossible he'd prevail even if he is a public figure. By way of example, Jesse Ventura recently won a defamation suit against the estate of Chris Kyle, and there you were talking about a much more public figure who was way more odious than Meyer, and a defendant who was way more sympathetic than Mark Waid. But it will be an uphill battle.
Nope. Tara Kyle (Chris's widow) appealed, and got the verdict overturned.

Eventually, Ventura settled, but not without showing his usual class.

At the time this was rolling, I remember hearing that a lot of the Special Operations Command guys (Delta, SEALS, Green Berets, etc) did not approve of Ventura persisting in his lawsuit after Chris Kyle died. The SOCOM community is pretty small compared to the greater whole of the military; they almost always know each other (which is why it's really fucking stupid to go Stolen Valor and try to fake being a spec-ops type; great way to have a 'quiet professional' politely asking you what the hell you think you're doing. Yikes...).
 
Nope. Tara Kyle (Chris's widow) appealed, and got the verdict overturned.

Eventually, Ventura settled, but not without showing his usual class.

At the time this was rolling, I remember hearing that a lot of the Special Operations Command guys (Delta, SEALS, Green Berets, etc) did not approve of Ventura persisting in his lawsuit after Chris Kyle died. The SOCOM community is pretty small compared to the greater whole of the military; they almost always know each other (which is why it's really fucking stupid to go Stolen Valor and try to fake being a spec-ops type; great way to have a 'quiet professional' politely asking you what the hell you think you're doing. Yikes...).

Holy shit, I had no idea. That's great news! Still, it does show that anything can happen at the trial level ... although the idea of watching Marks Waid 'n' Zaid trying to behave themselves in an appellate court is pretty funny.
 
Nope. Tara Kyle (Chris's widow) appealed, and got the verdict overturned.

Eventually, Ventura settled, but not without showing his usual class.

At the time this was rolling, I remember hearing that a lot of the Special Operations Command guys (Delta, SEALS, Green Berets, etc) did not approve of Ventura persisting in his lawsuit after Chris Kyle died. The SOCOM community is pretty small compared to the greater whole of the military; they almost always know each other (which is why it's really fucking stupid to go Stolen Valor and try to fake being a spec-ops type; great way to have a 'quiet professional' politely asking you what the hell you think you're doing. Yikes...).

true but this does prove the defamation part can be won in theory so that's something
 
Holy shit, I had no idea. That's great news! Still, it does show that anything can happen at the trial level ... although the idea of watching Marks Waid 'n' Zaid trying to behave themselves in an appellate court is pretty funny.

true but this does prove the defamation part can be won in theory so that's something

Yeah. Don't get me wrong, I really would like to see a defamation charge stick to Waid, if only because it might start discouraging the spergs from throwing 'Nazi' around willy-nilly.

(I know, I know. :optimistic: )
 
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