Richard Meyer v. Mark Waid (2018)

[AnOminous]

But as a correction, the only veterans allowed to wear it ANY time they want are MoH awardees.

And even they would probably not be allowed by a judge to dress that way in court.

Why they're allowed to do that is they are seen as able to be trusted not to make a shameful display of themselves.

I'm frankly amazed that Marvel or Disney legal hasn't sent a company wide memo to their artists and writers (and frankly, Bill Sinkiewicz is such a geezer he should already know this) to tell them to keep their fucking mouths shut about this case, because it is quite the opposite of frivolous or "baseless" and might well end up implicating them in widespread illegal industry practices.

I doubt they can really control an oldster like that anyway. He doesn't give a shit. He looks like a fool, but it's not going to make any difference.

 

[Ponderous Pillock]

I'm frankly amazed that Marvel or Disney legal hasn't sent a company wide memo to their artists and writers (and frankly, Bill Sinkiewicz is such a geezer he should already know this) to tell them to keep their fucking mouths shut about this case, because it is quite the opposite of frivolous or "baseless" and might well end up implicating them in widespread illegal industry practices.

The Haus still isn't looking too closely at marvel and doesn't really care right now. The movies are still making them plenty of cash and the brand to most normies isn't tainted because they don't buy the comics anyway.

If this fucks up and waid is very fucking stupid by saying he can't be guilty because others do the same or worse then the dismissals at Marvel will be so fast and final there will be Hiroshima style shadows in the Marvel offices.

 

[The Flawless Gazelles]

He looks like a fool, but it's not going to make any difference.

he is going to make a difference in meyers wallet

 

[Least Concern]

GFM update:

Congrats to Waid for finally reaching his goal.

But what's this? Ya Boi is under $100k again. The "Tu es la Raison" donation seems to have been removed, and he's back to only having three five-digit donations. Hmm.

 

[damian]

Meh who cares anymore tbh. Today’s the day that we should be hearing something more about the case iirc.

 

[andr0id psycho sho(ker]

and we still haven't heard anything yet. Really makes you think

 

[break these cuffs]

and we still haven't heard anything yet. Really makes you think

It's been explained by law knowledgeable people that lawyers generally file on the deadline. It isn't seen as disrespectful like you waited until the last minute or anything. You have a bunch of clients and work to do, so you use all the time you are given. That's at least my understanding.

 

[1Tonka_Truck]

It's been explained by law knowledgeable people that lawyers generally file on the deadline

I think the filling deadline is 6pm CDT. Shouldn't be much longer now.

 

[andr0id psycho sho(ker]

It's been explained by law knowledgeable people that lawyers generally file on the deadline. It isn't seen as disrespectful like you waited until the last minute or anything. You have a bunch of clients and work to do, so you use all the time you are given. That's at least my understanding.

yeah, I know but with how much Waid and Zaid sperg on social media, I'd expect them to let it slip, they had done the work for the response and we're preparing to send it. Unless it's the other firm Zaid hired that's doing all the work for that. Do we know anything about them?

 

[Iwasamwillbe]

But what's this? Ya Boi is under $100k again. The "Tu es la Raison" donation seems to have been removed, and he's back to only having three five-digit donations. Hmm.

Yeah something is going on here.

Both times Zack reached his goal, the donation that caused the event gets removed.

 

[AnOminous]

It's filed.

https://mega.nz/#!qZxwUYgb!icAdkk7e3AXNEKzhjj_Nn8x7Cnu9JQKkmf0vY9RXCDw

 

[Iwasamwillbe]

It's filed.

And here we go.

 

[AnOminous]

Just at the outset after skimming this, it is an extremely silly argument which stands very little chance of success and I am looking forward to Nicky Rackets eviscerating it.

The claim is essentially that a single phone call to a Texas publisher does not establish personal jurisdiction. This might make sense and tracks the language of some case law which generally refers to a single phone call not remotely directed to influencing events in Texas.

It also appears to try to conflate general personal jurisdiction with specific personal jurisdiction.

Mark Waid knew or had reason to know he was calling a Texas publisher and inducing a Texas publisher to breach a contract, and that this would have results in Texas if he achieved his goals. He purposefully directed his conduct toward that Texas domestic corporation and has no reasonable claim he wasn't aware he was calling a Texas area code.

This wouldn't establish jurisdiction for general purposes but it certainly does for a lawsuit specifically about that phone call.

This is probably just stalling tactics to delay actually addressing the suit. I can't imagine a Super Lawyer would believe this had much chance of success. Since after all I wouldn't suggest a Super Lawyer would be just churning billable hours.

 

[1Tonka_Truck]

While I became generally aware of the Plaintiff’s existence and role with regard to D&C, I did not know that he apparently lives in Texas. Whenever I made statements (including any social media posts or tweets) regarding Plaintiff, I did not know he was in Texas or had any connection with Texas. I did not know where Plaintiff was located or where he lived. I did not give thought to where he lived or was located. I only learned Plaintiff apparently lives in Texas when I received a copy of this lawsuit.

Am I correct in thinking this has 0 bearing on anything?

 

[MysteriousStranger]

Typo in the first paragraph of the Introduction -- Daredeveil. This gon' be good.

edit: so their stance is that AP is in Texas and Zack is in Texas but Waid is not, so it's not the proper court...? And if that's his argument, why go into the particulars of the D&C channel at all?

 

[AnOminous]

Am I correct in thinking this has 0 bearing on anything?

Waid playing dumb isn't going to help him. He knew what phone number he was calling. He knew he was trying to get the people on the other end to breach a contract. If he got sued over that, he has no reasonable argument that he couldn't have expected to get haled into court wherever the recipient of his call was, and a reasonable person would have known who he was calling and why he was doing it.

Yes, a reasonable person would have taken a minute to realize maybe he shouldn't break the law, but Mark Waid is not a reasonable person.

That won't help him either. A civil defendant is generally held to the standards of a reasonable person, not to the standards of an infantile, tantrum throwing man baby.

 

[AprilRains]

Am I correct in thinking this has 0 bearing on anything?

I'm not sure. International Shoe Co. v. State of Washington imposed a minimum contacts requirement, and this may apply, but I think Waid's conduct meets it. If he didn't know where the victim of his tortious interference lived, perhaps he should have ascertained that God damned fact first!

Edit: Wait, Atlantic is in Texas?

 

[break these cuffs]

Edit: Wait, Atlantic is in Texas?

Yes, Antarctic Press is in San Antonio.

 

[AnOminous]

I'm not sure. International Shoe Co. v. State of Washington imposed a minimum contacts requirement, and this may apply, but I think Waid's conduct meets it. If he didn't know where the victim of his tortious interference lived, perhaps he should have ascertained that God damned fact first!

Edit: Wait, Atlantic is in Texas?

There's a difference between general personal jurisdiction, where the defendant can be sued in the forum state for any and all purposes, and specific personal jurisdiction, where the defendant can be sued over a specific act committed in the forum state. In this case, Waid purposefully availed himself of the Texas jurisdiction when deliberately reaching out to threaten someone in that state with retaliation if they didn't break the law according to his direction.

While it might be more convenient to Waid to be sued back where he lives instead of where he broke the law, the plaintiff isn't there, the person he threatened isn't there, and it certainly wouldn't be fair to Antarctic to drag them into court back where Waid lives just because he happens to live there. The only connection to the case California has is Waid's presence there, and he should have thought of all this before he started making threats against Texas residents to harm another Texas resident.

 

[AprilRains]

Waid's conduct was directed at Texas. That establishes jurisdiction. End of story.

Sorry I hadn't realized this. I had not expected a company named Atlantic to be headquartered in Texas.