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 .

AnOminous

Really?
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Retired Staff
kiwifarms.net
On Nick's stream, he briefly mentioned a 5th Circuit case relevant to Meyer v. Waid, and boy it's a doozy.

Here's the case and it is going to make life very difficult for Mark Waid:


It really speaks for itself, right at the beginning:

"Resolving an issue that has brewed for several years in this circuit, we conclude that the TCPA does not apply to diversity cases in federal court and therefore REVERSE and REMAND for further proceedings."

Very simply, Meyer v. Waid is in fact a diversity case in federal court and, therefore, according to the appeals court directly superior to the District Court where it is being heard, NO TCPA FOR YOU MARK.

Boy I bet you feel really fucking dumb blowing off filing that motion until now in order to fuck around with idiotic doomed jurisdictional BULLSHIT.
 

Jub-Jub

kiwifarms.net
NO TCPA FOR YOU MARK
Could this affect the timeline you had posted? I thought they were talking about items due Jan2020+ due to an expected TCPA being filed and eating up 3 months. Or does Waid still file a TCPA and get bitch slapped due to this ruling?

I'm guessing if Waid files TCPA then Meyer could win related fees (and sanctions?) pretty easily.
 

AnOminous

Really?
True & Honest Fan
Retired Staff
kiwifarms.net
Could this affect the timeline you had posted? I thought they were talking about items due Jan2020+ due to an expected TCPA being filed and eating up 3 months. Or does Waid still file a TCPA and get bitch slapped due to this ruling?

I'm guessing if Waid files TCPA then Meyer could win related fees (and sanctions?) pretty easily.
It would be frivolous and probably rapidly denied in the face of a case flat out saying it doesn't apply.

The primary issue is Waid no longer can count on having his costs/fees paid by Meyer, not that he was really looking at that anyway. This doesn't really change the likelihood of him winning on some alternate pre-trial dispositive motion like a 12(b)(6) or a 56, just means there's no automatic fees if he won it, so he's not getting back any of that money, and if his lawyer is blowing smoke up his ass about that, he can just forget it at this point.

Also at this point, Meyer doesn't have to prove shit to win a 12(b)(6). All factual claims in his complaint are to be assumed to be true for the purpose of the motion. No "clear and specific evidence" is needed, nor any evidence at all, nor can Waid file a Rule 56 motion for summary judgment until after the scheduled discovery, nor can Waid get an automatic stay of discovery pending a TCPA ruling.

So all that procedural baggage is no longer available to Waid, nor will he automatically win attorney fees if he wins.

Considering it's seemed his "strategy" has been to drive up costs by filing frivolous nonsense for well over a year now, he can kiss that money goodbye.
 
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Manwithn0n0men

kiwifarms.net
On Nick's stream, he briefly mentioned a 5th Circuit case relevant to Meyer v. Waid, and boy it's a doozy.

Here's the case and it is going to make life very difficult for Mark Waid:


It really speaks for itself, right at the beginning:

"Resolving an issue that has brewed for several years in this circuit, we conclude that the TCPA does not apply to diversity cases in federal court and therefore REVERSE and REMAND for further proceedings."

Very simply, Meyer v. Waid is in fact a diversity case in federal court and, therefore, according to the appeals court directly superior to the District Court where it is being heard, NO TCPA FOR YOU MARK.

Boy I bet you feel really fucking dumb blowing off filing that motion until now in order to fuck around with idiotic doomed jurisdictional BULLSHIT.
Maybe thats why they agreed to a Timeline? Because they realized they screwed themselves?
 

Adamska

Last Gunman
True & Honest Fan
kiwifarms.net
Thats media, Courts realy dont wanna go against freedom of the press.
It is still pretty hard to catch someone in slander or libel. But again, just because Manbaby Waid might be able to get out of that one, it doesn't mean he's going to probably get out of the TI given precedents, especially in Texas.
 

Oh Long Johnson

Muh..muh..muh..muh..my corona
True & Honest Fan
kiwifarms.net
All I can think of is sitting there, shaking my head and asking the lawyer, "How much did I pay you to have a paralegal draw up this motion again?"
 

DragoonSierra

kiwifarms.net
I hope they add Waid calling a black guy a "borderline white supremacist" to the filings, I'm genuinely interested in what the judge/magistrate will have to say about it.
@AnOminous Can to entertain some hypotheticals about how this would be defamitory and cause damage to someones reputation?

I wouldn't hold out hope on the defamation claim. After watching the Washington Post start a crusade against children and get away with it, I'm just gonna assume it's impossible to defame anyone in this country.
That lawsuit merely had a poor argument.

Considering it's seemed his "strategy" has been to drive up costs by filing frivolous nonsense for well over a year now, he can kiss that money goodbye.
How much do you think hes spent?
 

5t3n0g0ph3r

Resident Archivist
Supervisor
True & Honest Fan
kiwifarms.net
I can imagine Waid's legal team sweating bullets now that the TCPA is off the table.
They are really banking on this jurisdictional argument resolving in their favor.
I honestly don't what card they have left to play if the judge strikes down their motion.
Because if they get to trial, Waid better prepare for the full reaming.
 
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AnOminous

Really?
True & Honest Fan
Retired Staff
kiwifarms.net
They are really banking on this jurisdictional argument resolving in their favor.
I doubt that. It's patently frivolous and was DOA the instant that Waid's perjury came to light and he was obviously doing the shit he was being sued for while literally physically in Texas. No court I'm aware of has ever found that someone wasn't under its jurisdiction when they were physically in the jurisdiction committing the specific acts they were being sued for.
 

Manwithn0n0men

kiwifarms.net
I doubt that. It's patently frivolous and was DOA the instant that Waid's perjury came to light and he was obviously doing the shit he was being sued for while literally physically in Texas. No court I'm aware of has ever found that someone wasn't under its jurisdiction when they were physically in the jurisdiction committing the specific acts they were being sued for.
That was literally one of the biggest goofs of all time

Also: "I dont know how I got the number. But I didnt get that from google."
"And I didnt look at the website of this company until after I called"

No Jury on Planet earth will believe that