He sued to shut me up. He just lost..

Miskif taking an epic court fail as

Asmongold gets a giant W. We're going

into it today on The Legal Mindset we

teach you to be your own judge. Of

course, I'm Andrew Esquire, American

attorney.

>> How about that?

>> Now, this is something I've been

following for a while because this is a

fascinating case involving many

streamers, their corporations, and

really it has ramifications for

defamation and also a certain type of

claim out there. And we're already

setting some precedent here in what's

been going down. So, I'm going to get

into today the nitty-gritty of exactly

what went down in the latest filing in

the Miskif case. So, anytime you see the

language that says plaintiff, just put

Miskif's name in there. He's the guy who

has brought this claim against the

plethora of people that he thinks have

wronged him. Now, of course, amongst

those, of course, the prime defendant

here is Emiru, who is not off the hook,

but even with Emiru, her chances of

winning seem to be going up based on the

latest filing and what happened. And of

course, we have the Roach King over here

in his glorious rainbow shirt. He was a

defendant in this case, but now things

have changed in his favor. So, what

exactly happened? What exactly went

down? Well, first we need to get into

this law called the Ending Forced

Arbitration of Assault and Harassment.

>> This is dude, this was so [ __ ]

[ __ ]

>> Act, right? So, uh it is

it is a specific act involving a

specific type of, once again, legally,

right? We're talking about legal

definitions here, of SA or SH. And this

was meant to keep people who signed

pre-dispute arbitration agreements from

being forced into silence. This is meant

to keep victims from being essentially

bullied by these agreements, which they

may have signed without really thinking

about it, or maybe even under duress, or

saying, "Hey, you're not going to get

this job or position, or we're not going

to enter into this agreement with you

unless you sign this." So, essentially,

this is to stop people, victims, from

being bullied and forced into these

secretive agreements that might go down

during an arbitration, because

arbitration has its benefits, but one of

the things is it isn't as transparent.

People don't get to see what goes on in

that arbitration. So, that's one of the

key things here. And in this case,

>> Yeah, and and keep in mind, it's meant

so this law is meant to protect victims.

To protect people that are victims of

bad behavior and uh you know, uh

harassment and stuff like that.

This is for victims.

>> have to focus on, and the judge

specifically focuses on the fact that

this was meant to keep victims,

underlining that, victims, from being

forced into a secretive arbitration. So,

what went down in this latest ruling

from the judge in this case? Well, let's

look at the exact text here, and this is

fascinating. So, they go on to say, the

judge says, "Plaintiff, that's Miss

Gift, claims that the word involving in

an essay dispute definition is so broad

as to make the EFA's treatment of SH and

SA entirely different." He's trying to

break those things out for his own

benefit to make his case. However, both

definitions contain broad language

involving, related to, but neither sweep

so broadly as to mean the person

alleging conduct constituting an SH

dispute or SA dispute.

I.e., the person who may elect to avoid

arbitration is in fact the person

accused of or denying either SA or SH.

Now, this is huge. What this is saying

is is that the perpetrator, right? The

person who may who is being

>> He was the one that was accused of this

bad behavior.

And he's trying to use a law that

protects victims of the bad behavior.

That's the precedent that he was trying

to use.

It's crazy.

>> accused of perpetrating. The person who

is not the victim here, but the person

who is the person who is alleged, right?

There's an allegation here out there.

That person can use it to their benefit.

The law was constructed to help the

victim, not the perpetrator. But the

construction that Mizkif wants, he wants

this arbitration prevention to work for

him as a person who was, once again,

allegedly by Amouranth in her

quote-unquote emotional truth, the

perpetrator.

>> Mhm.

>> And the judge did not buy that at all

whatsoever. In fact, they go out to say

that we're going to reject that argument

and take up the recommendation of the

magistrate judge. The magistrate judge

Susan

>> What a [ __ ] surprise that using a law

that's meant to protect victims, when

you're the one who was being accused,

didn't work.

What a [ __ ] weasel.

What a little rat.

>> Hightower, who gave her recommendations

earlier this month.

>> Uh-huh.

>> Uh so, if you look into this, it says

that they adopt the recommendations. So,

it's ordered that OTK, Mythic, King,

they their motion to compel arbitration

is granted. So, they win. So, Mythic,

OTK, and King, they're getting what they

want, which is arbitration. So, they're

taking a win there. Next, it says

litigation of counts one and three of

their uh complaint is stayed. So, that's

the the accounts that related to OTK,

Mythic, King. So, those are stayed

pending the arbitration. So, now it's

got to go to arbitration as to OTK,

Mythic, and King. Cuz, once again,

MissKif can't use this to get out of

arbitration. It also says, and here's

the catch, that defendant Shonk, that's

Emiru's motion to dismiss is denied. So,

Emiru does take an L here, and MissKif

does get a tiny W, but there's a butt.

And you've always got to read the butt.

But, plaintiff Misriah that's MissKif,

shall submit a more definite statement

on or before August 10th. So, we're

going to have, in just a week or two or

two weeks route at this point, we're

going to have

him coming forward with this.

Identifying each statement that Emiru

said, which alleges to be defamatory.

So, he's going to have to go and pick

out every single specific statement,

including exact quotes from her live

stream. So, before MissKif was being

vague, saying that oh, I've been

defamed, etc. But, he wasn't saying this

exactly is the thing. And the judge is

agreeing with what we actually said

previously on this stream, what others

have said, what Asmon said as well,

which is what exactly did you these

people say, Asmon, Emiru, etc. What did

they say that is defamatory? Now, Asmon,

as we're going to see, is out of this,

but even as to Emiru, do they need the

judge needs more than what MissKif has

given so far. Then he

>> That's right.

That's right.

Vindicated, let's go. I know.

>> It's got to say how is it

>> too bad, right?

>> Because if a statement is true, then

well, it can't be defamatory. And the

last part is how it harms him. So, even

if he's able to say, okay, here's a

quote.

This is not true,

but if it has no harm, then it's not

>> prove I'm lying.

>> actionable, right? So, now he's got to

jump through all of these hurdles even

with Emery. So, while he gets that W,

he's got to put in work, him and his

lawyers, to go through with each

statement and say exactly how that harms

him. And that's going to be a little bit

of a challenge for him, and let's see

how his lawyers and him come up with

that response. The other thing here is

that Asmongold gets the win. It's

finally ordered that defendant Hoit's

amended motion to dismiss count is

granted. So, boom. Asmongold gets the W.

However, uh it's dismissed without

prejudice. And that's signed July 10th

by Robert Pitman, US District Judge. So,

just a

>> Aw, jeez, guys.

Aw, man.

It looks like suing somebody after that

person comes out and says that there are

other people that want to accuse you of

something, and I'd be willing to fund

their legal bills so they'd be able to

do it with a degree of security,

it turns out that suing a person so they

can't do that,

aw, man.

Maybe it didn't work out too well.

That's too bad.

How about that?

>> In case you guys don't know, and this is

very important for you guys to

understand with any legal case, there's

with prejudice and without prejudice.

>> Mhm.

>> In the legal context, without prejudice

really means without loss or waiver or

any of any right or privileges.

>> Yeah.

>> So, in this case, that means that it is

possible,

>> Mhm.

>> theoretically,

theoretically,

>> Mhm.

>> hypothetically, it is possible that Miss

Kiff could refile later against

Asmongold. So, while Asmongold's

>> He can lose twice.

>> is is dismissed. It is possible if there

were some new facts or something else

came out or there was some disco-

>> the way, like

the fact that like you like getting the

[ __ ] dismissed is like that's it it

didn't even get past the first stage.

>> that came out. It is possible

that he could come back and try to swing

against Asmongold again. Now, I don't

think that's a wise choice. I don't

think that's going to be a winning

strategy, but of course we don't know

yet. There may be more discovery. We're

all trying to find a fact and come

against Asmongold again. So, let's turn

over to my judgment here. So, in

judgment, Asmongold has been completely

cleared at this point, right? Until we

get until and unless there's more secret

facts out there. There's something we

don't know. Asmongold's off the hook.

OTK, Mizkif, King, they get a W with

compelling arbitration. And then Mizkif

now needs to specifically go through, do

the work with his lawyers, and explain

how each statement was defamatory, how

it was false, and how it harms him.

That's going to be a significant hurdle

for Mizkif. And then Mizkif still has a

chance. So, I don't want to say at this

point, once again, you never know with

cases. They can take wild and crazy

turns. So, I want to be conservative

here in my in my assessment saying, yes,

it is possible that Mizkif could find

some facts and come against Asmongold

again. It's possible he could prevail

against Amouranth. But at this point,

his window for vic-

>> It's not what I would bet on.

So far.

It's not what I would bet on.

>> tory is narrowing. It's becoming harder

and harder for Mizkif. And this is the

point at which I would say to Mizkif,

are you really committed to taking this

all the way or would a settlement really

make you happy, bro? Would you be okay

with some form of settlement? Maybe

maybe an Emiru apology saying, "Hey, I

framed this in a bad way. I

>> It's not going to happen.

>> shouldn't have said this this way. Maybe

I should have framed this in a different

way, right? Maybe it shouldn't have been

my emotional truth. Maybe I should have

framed this in a more objective and

neutral way. Maybe something like that,

a settlement, maybe a payment, who

knows? Is that an option that might be

better for you or better for all

parties? I would say, "Look, Miss Keff,

your your window is closing. Asmongold

has already gotten that W over you. How

far are you willing to take this?" But,

I want to know what you guys think in

the comments below, and I will catch you

on the next one.

>> How's it narrowing if the judge approved

it to the next step? Isn't that the

opposite?

>> Um it's because he basically didn't

define it correctly, and the judge wants

to have a more definitive like that's

part of Emmy's case and not mine. So,

like I'm not going to really make a lot

of comments on that. I'm only really

going to talk about like my my

situation. And my situation was actually

really really simple. And to the extent

that anything else comes out, I think

that it will only further

entrench this problem. Like there's a

lot of things like right now, um you

know, again, I have respect for other

people's privacy. There are a lot of

things that are not uh public, but when

they are made public, I think they'll be

very revealing.

I think they will be just like the other

things have been revealing. Like for

example, the Discord DMs were revealing.

Um

you know, things like for example, like

some of the stuff in the other court

filings were also revealing.

And so, there's been a a whole lot of

this.

And uh that's really about it.

And so, uh checking the claims now since

it'll be worse if the judge caught the

silence attempt. Yeah, tried and failed,

exactly. So, [snorts] uh let me look at

here. Wrath of the Roach King, the

thumbnail goes hard. Exactly, right? And

uh yeah, there it is here. So, I'm going

illegal video can't use the word sexual

harassment and sexual assault. I mean, I

that's for YouTube, right? That's the

reason why.

And, uh step one, do [ __ ] up [ __ ]

Step two, attempt to punish anyone who

mentions it. Yeah, and it's not going to

work out, and it already hasn't. I think

that's very clearly what's happened. So,

uh the judge uh wants clear evidence. I

think that the in order to file a

lawsuit, you have to have a very

definitive and a defined mode of like

problematic behavior, right? And so, you

can't just go off of a vibe. You have to

like whenever you're talking about

something like defamation, for example,

you have to have a bunch of different

standards to meet. Like the actual like

cuz again, not getting the case

dismissed is like a super super early

like that's like if you don't if you get

the case dismissed, it's like it's

basically just [ __ ] right? So,

there are multiple other levels that a

case has to go through in order to reach

a trial, and then actually then winning

the trial is another one. So, it's like

kind of you have a lot more to go

through than just like one specific

thing. Um there's a long Yeah, it's a

very very long process, and something

not getting thrown out immediately is

like not really that big of a deal. What

do you think will happen in the Amaru

case? Uh I'm not going to I mean, out of

respect for her and everything, and I'm

not going to make comments on that. So,

yeah, that's it.

And, uh does Mizkif have to pay your

lawyer fees or nope? No, he doesn't. Uh

and uh well, he like he might be able to

or might have to, but at the current

point in time, according to like my

legal counsel, they said that um uh I

was I was not going to be able to uh

recoup the fees, and so I'm going to

have to pay those myself.

And so, that's really about it. I mean,

like and and to me, like it's not

something that I he has to I don't know

about that.

And, uh do not say. Um so,

And, uh judge will sentence him to the

same world server. Yeah, I guess so. You

might get reimbursement in 5 or 10

years. I have no idea if I will. I'm not

expecting to and I don't regret anything

that I did. I think that I acted and I

did the right thing at the right time

and this might be something that people

would be confused about because it's not

something that you'd expect to hear from

me, but I do genuinely try to do the

right thing.

I do. Like in a lot of cases, I try to

actually do the right thing even if it's

something that is unpopular, even if

it's something that is not that you

know, beneficial to me. And you know,

just for I mean total transparency sake,

the case cost me over under a you know,

I think it was over $100,000. I I still

need to pay I think one or two of the

bills. So like you know, cuz there's a

finalization of it very recently. So I I

really I do that with no

with no reservation. I don't even I

don't even think about it, right? That's

a lot. Yeah, it's a lot of money. Like

that's the way it is. But the reality is

that that is the price of doing

business. I

I'm you know, I obviously have a big

channel and I talk about a lot of

current events and

you know, this is just what happens. And

so I don't really look at it as like a

horrible thing that happened to me or

anything like that. I think to myself

how how lucky I am, the fact that I'm

able to pay for something like that and

it's no big deal. And I think also like

it just doesn't really matter at all

about any of this. Like I mean

at the end of the day, I am going to

always do what I think the right thing

to do is. And whether that is something

that's not beneficial to somebody else

or whatever,

it doesn't really matter. What really

matters is doing what I think is the

right thing to do.

Does that make sense?

Does Mizkif pay same amount in fees? I

think he's probably making he's probably

spending more than that because there's

like multiple cases that he's fighting,

right?

It's money well spent. Yeah, and so I

have no like and there's no reason to

for me

>> [snorts]

>> to act like a victim of of any of this

or anything like that. I I have no issue

and no problem at all with any of this.

And that's just the way it is.