MARK WAID Asks Court to Dismiss RICHARD MEYER Lawsuit over Jurisdiction

Mark Waid
Mark Waid
Credit: Humanoids
Jawbreakers: Lost Souls cover
Jawbreakers: Lost Souls cover
Credit: Jon Malin

The lawyer retained by Mark Waid has filed a motion to dismiss the lawsuit filed against him by Richard C. Meyer in October 2018 in the U.S. District Court for the Western district of Texas. Waid's counsel, Mark Zaid, has filed for a motion of dismissal, arguing that the Texas court has a lack of personal jurisdiction over Waid, a resident of California with no expressed ties to Texas.

"[Meyer] asserts claims against Mr. Waid for tortious interference with contract and defamation. These claims are completely meritless. But the problem at the outset, and which is proper to address, is that this Court lacks personal jurisdiction over Mr. Waid," reads the motion. " Plaintiff’s Complaint fails to identify any allegations or facts establishing any connection between Mr. Waid and Texas. Instead, Plaintiff merely alleges a single phone call between Mr. Waid, who was in California at the time, and a San Antonio publishing company. That is far short of the necessary substantial connection with Texas to justify personal jurisdiction."

Mark Zaid has provided the Defendant's Motion to Dismiss for Lack of Personal Jurisdiction, and a Declaration of Mark Waid in Support of that motion, which you can read here.

"If Meyer wants to properly file his lawsuit, he should go to the correct jurisdiction and we'll be waiting," Zaid told Newsarama.

Meyer's lawsuit alleges Waid interfered in a publishing agreement Meyer had with Antarctic Comics to publish and distribute his comic book Jawbreakers. Waid contacted Antarctic following the announcement of their intent to publish Jawbreakers, resulting in a conversation both parties allege was civil and in which Waid and Antarctic say Waid expressed concern over Meyer's online presence.

Operating under the ID "Diversity And Comics," Meyer produces videos and writing that he characterizes as "criticism," but which have caused controversy through language and content that has been perceived by many as targeting minority creators and critics with harassment. 

However, Meyer alleges Waid made unspecified threats to Antarctic resulting in a Meyer being "blacklisted" from the mainstream comic book industry, blaming Waid directly for interfering with his efforts to publish his comic book, which was financed through a successful crowdfunding campaign.

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