Mark Waid released an update of the ongoing lawsuit between Richard Meyer, writer of the comic book Jawbreakers and a key figure in the ComicsGate movement through his YouTube account, "Diversity and Comics," and Waid over whether Waid tortuously interfered in a contract between Meyer and Antarctic Press to release Meyer's Jawbreakers comic book series (with artists Jon Malin and Brett Smith).
A key figure in the lawsuit is Joe Dunn, publisher of Antarctic Press, and last month, he was deposed. Waid shared the results of that deposition along with his lawyer's motion to dismiss the case in an update on his Facebook account.
Naturally, since the claim at the heart of this case is whether Waid interfered with a deal between Antarctic Press and Meyer, hearing from Dunn was a significant piece of the puzzle and Dunn's deposition appeared to help Waid's side of the case.
Quoting from the deposition:
Q: And so, again, there were factors that led to Antarctic Press’s decision that had no relationship to Mark Waid; correct?
Q: And those factors were concern that your staff and freelancers had expressed; correct?
Q: And including Mr. Meyer’s own conduct; correct?
Q: And those factors that led to AP’s decision are factors unrelated to Mark Waid; correct?
Q: Did – you made the decision for Antarctic Press; correct?
Q: And that was your decision; correct?
A: 100 percent.
Q: And you made that decision voluntarily?
Q: And Mark Waid, did he do anything to prevent AP from publishing Mr. Meyer’s book?
Another one of the key aspects of the lawsuit has been whether the case should be tried in Texas, which has theoretically more plaintiff-friendly law when it comes to contract disputes. Waid's lawyer, Mark Zaid, has consistently held that the case should be dismissed from the Texas court and, if Meyer wished to continue to pursue the lawsuit, re-filed in California, where Waid resides. Zaid's argument, buoyed by Dunn's deposition, is that Waid did not know that both Meyer and Antarctic Press were based in Texas at the time of the alleged interference (Meyer conceded that he appeared on social media to make it seem like he was based in New York and Dunn noted in the deposition that it was not widely known that Antarctic Press was based in Texas and that Dunn had no reason to believe that Waid knew otherwise).
Meyer's legal team has not yet responded to Zaid's latest motion.