by ersatz_cats

Oh, we are back. We are soooooooooo back. You cannot believe how back we are. No people in the documented history of back have ever been as back as we are, right here, right now.
Yes, it is 100% true. Karl Jobst has filed a brand new lawsuit against “Video Game Fraud of the Century” Billy Mitchell, in U.S. federal court in Florida. This is all-time serious shit. Billy’s had lots of fun waging lawfare against a whole range of innocent people, including Jace Hall and Twin Galaxies, his old ally David Race, the moderation team at Donkey Kong Forum, the late YouTuber Apollo Legend, and of course Karl himself. Among them, Karl was the one to make key mistakes allowing Billy to see the case through trial for a victory – a victory Billy and his son have been incessantly gloating over ever since. But as we’re about to see, Team Billy fucked around a bit too much, and as a result, they are about to find the fuck out.
The filing can be downloaded via PACER in two parts – one for the complaint, the other for the lengthy gallery of exhibits. Better yet, since I acquired it, you can just snag it here:
Today, we’ll review all the relevant material, including some evidence new to the public. Note that the court’s greyscale scan of the paperwork is total ass, so where able I’ll substitute fresh screenshots of my own availing. Diverging from the flow of the filing, we’re going to start with an overview of the alleged counts, then look at the evidence supporting those counts, then circle back and assess each count’s viability. Lastly, we’ll discuss what I believe are Karl’s chances of winning this case, while taking a look at the one and only thing I don’t like about this filing.
I intend to spell out my usual thorough detail below, for those who want it. But there’s so much to say about this single legal filing, it was impossible to keep this one brief. (The pun is always intended.) Since this outstanding news deserves a spotlight brighter than many Internet attention spans, I’ve decided to provide a TL;DR in the form of a parallel “skimmer’s edition”, showing off just the key evidence and quick summaries of the legal claims. You can find that here:
https://perfectpacman.com/2026/04/09/karl-is-suing-billy-skim/
Otherwise, grab all the popcorn you can find, and settle in for one epic ride. Oh, and as I’ve said on many occasions, and as I’ll repeat a few times today, I DO NOT SPEAK FOR KARL JOBST. All opinions and analyses are my own. Karl can speak for himself, although for obvious reasons he is unlikely to discuss this case at all for its duration.
ONE, TWO, THREE, COUNT!

Karl Jobst is alleging Billy Mitchell of seven torts against him. In plain English, this means Billy, allegedly, has wrongfully harmed Karl in seven distinct and legally identifiable ways. Spoiler: Some if not all of these allegations are well-founded far beyond the need to qualify them with words like “allegedly”, but for the purposes of strict litigation coverage, they are just allegations at this point.
The first five counts allege “defamation per se”. That “per se” bit is actually very important, but let’s table that for a second. You all know what defamation is – libel, slander, calumny. (Fun with thesauri!) In other words, Billy sed shi’ bout Karl dat wudn’t true. Worse, Billy said it many times, on multiple platforms, in ways that would make any attorney representing Billy reach for their heart medication.
Per Count I, Billy published statements claiming Karl had engaged in “serious illegal activity” during the course of his bankruptcy. The statements were false, and furthermore, Billy either knew they were false, or acted “with reckless disregard for the truth”.
Per Count II, Billy published statements claiming that Karl fraudulently obtained $200,000 through a GoFundMe campaign based on false premises. (This would be the GoFundMe Karl opened in his own defense.) Again, Billy’s statements to these ends were false, and Billy either knew they were false or didn’t care if they were.
Per Count III, Billy published statements claiming Karl misappropriated $50,000 from a GoFundMe he set up to support defendants in Billy’s other cases. (This would be the money used to support David Race in his lawsuit defense.) Once again, as the filing argues, Billy either knew his statements were false or didn’t care. Note that while Karl is wise to use boilerplate catch-all terminology about what Billy did or did not know, Billy definitely for sure knew this one was a lie. But we’ll get to that later.
Per Count IV, Billy published statements alleging that Karl had swindled $300,000 from Markus Persson, better known as “Notch”, as in that Notch, the Minecraft guy. Repeat after me: “These statements were false. Mitchell made these statements with knowledge of their falsity or with reckless disregard for the truth.”
As we’ll see, Count V is kind of an overture of Counts II-IV. Basically, using his other false claims as a basis, Billy has made statements generally to the effect that Karl defrauded over half a million dollars from his supporters. Since these statements were made in a standalone fashion, I guess that means it legally qualifies as a separate tort, which makes sense. Yet again, Billy either knew these claims were false or didn’t care.
Let’s pause there for now, and talk about “defamation per se”. What exactly does that term mean? I myself would be interested in hearing an actual attorney weigh in on Karl’s allegations in particular, but poking around Google does offer some general guidance:
Per se defamation statements are so bad they immediately subject a person or a company to hatred, distrust, ridicule, disgrace or contempt.
For example, let’s say a potential client was considering using Business A or Business B. Business B says to the potential client — in an effort to convince them to not use Business A but to use them instead — “Don’t use Business A, those guys have been charged with bribery and blackmail.”
That is per se defamation. In the context of this type of lawsuit, it’s per se defamation because it’s such an egregious statement that a court will presume that they harmed the plaintiff’s reputation.
So basically, it’s when you accuse someone of something so egregious, so reprehensible and offensive, so obviously damaging to their reputation, you can skip the part where you have to explain to the court or to the jury why such a claim was damaging in this specific instance. And the linked site does include “Accusing someone of a serious criminal offense” as an example of defamation per se. I don’t think you need me to explain why filing these claims in this way is advantageous to Karl. He doesn’t have to show financial losses, or have his close friends testify about how many speaking events they had to “cancel”. Karl just has to show that Billy made these outrageous claims, that the claims were false, and – since Karl is a public figure – Karl must also show that Billy acted with malice (hence all the language about Billy either knowing falsity or acting with reckless disregard).
Oh but wait! There are two more counts. Count VI involves “unauthorized appropriation of name or likeness”. In other words, Billy has been aggressively using Karl’s name and visage to sell hot sauce and other promotional items, such as those red joystick prints which have Karl portrayed as like a lobster clown thing:

I can already hear the frothing Karl haters and the deluded Billy butt-kissers latching onto this count in isolation. “Call the Waaahhhmbulance! Karl’s suing Billy just cuz Billy made fun of him!” These are the dumb fucks who think stanning the guy who pretends he’s the best at Donkey Kong makes them alphas. Again, I do not represent Karl in any way. But speaking strictly from a vantage of personal opinion, I think it’s safe to say: Karl isn’t suing Billy because of likeness rights. If he was, this would be higher than Count VI. Karl is suing Billy because of all the wild defamation and fully actionable slander Billy’s been indulging in. And then, once you start putting together a case, you look at all of the defendant’s other conduct, and you say “Hell, might as well throw that in there as well.” Plus, I would guess the evidence pertaining to Billy’s commercially-motivated mockery of Karl ties into the malice threshold for all the defamation.
Lastly, Count VII titled “Intentional infliction of emotional distress” seems to be in a similar vein:

I’m more than happy to discuss the facts of the Billy Mitchell saga – I am, after all, the expert on the topic. In this case, I’ll leave it to the legal commentators to opine on the relevance or viability of this seventh count. But for those who want to read too much into this passage as a window into Karl’s state of mind, I’ll say – again, strictly of my own accord – even when you’re pursuing “defamation per se” and don’t need to prove damages, judges and juries are still human. Obviously you’re not going to go to all this effort and then roll into court like “Nah bro, I’m doing great, shit hasn’t affected me at all.” Maybe the relentless mockery from Billy has affected Karl. Maybe it hasn’t. I eagerly await further testimony.
With all of that out of the way, let’s get to the thing Billy hates the most.
BILLY MITCHELL HATES EVIDENCE
Reading through this filing, my mind keeps calling back to a line from Karl’s “Final Lawsuit Update” video. Karl meant it as a throwaway line, illustrating why he shouldn’t let himself be provoked by any insane verbal sewage coming out of Billy Mitchell’s mouth. But man, does this line explain so much:
Billy is always going to say stupid shit.
I was never setting out to codify any “Billy Mitchell rules” a la Ashley Judd on Star Trek. If I was, I would’ve done so long ago. But if you were so inclined, you could call this the Third Law of Billy Mitchell, after “Billy Mitchell lies all the time about everything” and “Billy Mitchell hates evidence”. And heck, you could also throw in my old fave, “Billy Mitchell saying something does not make it any more likely to be true than if he had said nothing at all.” These are like jury instructions; sure, some of them overlap thematically, but each has a distinct point to be made. As you’re about to see, each of these four maxims are gonna log some miles today!
Let’s start with the evidence surrounding Count I. Did Karl engage in “serious illegal activity” during the bankruptcy process?
For our purposes, this begins with a tweet from Billy, linking a Reddit post with just the words “The plot thickens”:
When you follow that link, you can read the comments, but the post itself now reads “[deleted by user]”. However, with some finagling, you can bring up the original content on Wayback Machine. The title of the original post characterizes Karl’s actions as “a possible ‘creditor-defeating’ scheme”. Of course, as we’ve discussed here, and as Karl himself outlined in his video, none of that is true; Karl was describing strict bankruptcy procedure in his Discord. While Billy’s remark is generic, the replies from others (as seen in “Exhibit 3”) further characterize Karl’s actions as “illegal”, “bankruptcy fraud”, and “clear and obvious fraud”, indicating (as the filing argues) that Billy intended for his audience to infer criminality.
Okay, let’s be clear. Legally, this does belong on the list, but it’s not the strongest item. If this was the extent of Billy’s commentary, maybe he could pursue a “wink wink” defense in court. “Oh, gosh, golly, I wasn’t trying to impute Karl is a criminal! Not at all! I just thought the discourse around the community’s interpretation of Karl’s Discord comments was an interesting development! That’s all!” Sure, buddy. And maybe the jury would believe it.
However, Billy didn’t stop there.
This, which you can find in the main document, is “Exhibit 5”. (We have 42 more to go.) What exactly is this “serious illegal activity” Billy is accusing Karl of? I guess nobody’s allowed to know. Not even the bankruptcy trustees! And they’re the officials Billy should be reporting any legitimate concerns to.
What’s especially wild is that, less than a month prior to that very tweet, those same trustees had already issued a report to Billy (as one of Karl’s creditors), informing him that as part of their required investigations, they “have not identified any offence” by Karl during the bankruptcy:

UH-OH!!
You should really let the flavor of this one marinate a bit. It’s easy to gloss it over when we’re talking about bankruptcies and trustees, which I’m sure feels a bit abstract for most of us. Billy Mitchell is publicly accusing Karl Jobst of actual crimes. And the authority whose job it is to investigate those crimes is telling him basically “We have found no evidence of any such crimes”… and Billy is continuing to accuse Karl publicly anyway!!
Holy shit!!
Imagine if Billy accused Karl of some ordinary crime, like cattle rustling. He wouldn’t go to the actual police, of course, because there’s no evidence. Instead, he just goes around telling everyone Karl committed a crime. Karl has to be the one to go to the police and ask “You have any idea WTF cattle rustling this guy is talking about?” And the police call Billy in and tell him “We’ve investigated this. There’s no evidence of any crime. There’s no missing cattle. There is no basis for what you’re accusing him of.” And then Billy… continues going around accusing Karl anyway.
As the Third Law of Billy Mitchell states: Billy Mitchell is always going to say stupid shit.
Can you believe it gets worse? As exhibits, Karl attached various communications, including his pre-bankruptcy settlement offer to Billy and Billy’s rejection letter. These are included to demonstrate that Karl engaged in good faith, and did not seek bankruptcy except as a last resort when he was literally unable to pay the judgment debt, which is exactly how bankruptcy works. (If you haven’t seen Karl’s “Final lawsuit update”, he explains it all there.) More importantly, Karl continued directing the trustee’s attention to Billy’s public claims of wrongdoing, for which the trustee sought out clarification from Billy’s attorneys directly:

Finally, as Exhibit 11, Karl includes another email he received from the trustee earlier this year, clarifying that they’ve asked Billy’s solicitor multiple times by email and by phone for any evidence of this alleged wrongdoing, and still have received no response.
But you know what did elicit a response?

So Billy wouldn’t share any evidence of wrongdoing with the trustee (because he doesn’t have any evidence), but the moment Billy learns Karl sought clarification from the trustee, he or his son will jump straight to Twitter to mock Karl’s attempts to pursue official channels. Hey, here’s a free hint: Courts tend to like official channels. You know what courts don’t like? Openly fantasizing about lynching people from trees, using their real likeness and everything.
This is astonishing. For one thing, it’s a straight up admission that they received the trustee’s inquiry and chose to ignore it. So… thanks for that, morons.

But that’s not even half of how dumb this was.
Imagine the audible gasps in the courtroom when they see that tweet. I know, everyone reading this, we’re all among the terminally online. So we’re used to seeing outrageous shit on the Internet – although even this is a bit beyond the typical boundaries of what’s allowed on mainstream social media (hence why Twitter immediately yanked it). But you know who’s gonna be on the jury deciding this case? Not fuckin’ any of us.

That jury’s going to consist of grumpy retired Marines, little old church ladies, exhausted single moms, and weekend fishermen. And those nice church ladies are going to see this, and they’re going to look at Angry Mullet Man and say “How the H-E-double-hockey-sticks did you think you were going to take this to trial and win?”
I know, I’ve thought the same thing before, about Billy’s text messages joking about the death of Apollo Legend. Will Billy try to do the whole “Dark humor that I regret” thing again? Will it work a second time? Will he throw his son under the bus? “Nah man, he posted that. I would NEVER, EVER engage in such commentary.” Would that even work, since the Twitter account belongs to and presents as Billy Senior? Would implicating Junior have unintended consequences, including with discovery? Is it even possible to get eight Clueless Ken Barlows on this jury? Given Billy’s body of work to date, I’m seriously doubting this will even get that far.
Count II involves claims of monetary impropriety, but let’s set aside the dollar figures for a moment. As part of this new lawsuit, Karl is choosing to formally litigate the terms of his personal GoFundMe, which Billy and other haters characterized as misleading or fraudulent in the wake of Karl’s court loss in Brisbane. If you’ve seen Billy’s and Karl’s videos on the topic, you already know the story, but I’ll summarize again here. In short, Billy sent Karl multiple “concerns notices”, which are prerequisites for civil litigation in Australia. This was over dumb shit like an Angry Video Game Nerd meme that suggests Billy Mitchell cheats at video games, which Billy objectively does do. One of these threats included a full draft complaint, along with the assertion that Billy had instructed his solicitor to file if a settlement in the main lawsuit could not be reached at their scheduled mediation. Karl opened the GoFundMe on the basis of that explicit legal threat, which was never retracted. Karl even ran the text of this GFM by his own solicitor, who approved it as not making any false claims. The solicitors also rebuffed an inquiry from Billy’s camp, pointing out again that the GoFundMe claims were factual and that the additional legal threat from Billy still had not been withdrawn. If you felt disinclined to take Karl at his word on all this, he provides full documentation of this in the exhibits, which are now part of the court record.

Notably, Billy couldn’t seem to make up his own mind whether there was “one complaint” (as he had emphasized at NERG in 2023) or if there was indeed a second complaint that was sent to the attorneys but not formally filed (as he emphasized in his black background video in June 2025). But he was definitely sure Karl did something nefarious! Here’s Billy in his own words, at about 8:50:
Karl, I do not accept the fact that you generally woke up six months after the last correspondence, and also after your financial support ran out from Notch, and you suddenly felt the need to crowdfund for a potential second lawsuit. You obviously knew the second lawsuit was not coming, or at the very least, you were unsure if it ever was. You created a GoFundMe campaign with the knowledge and intent to fund the existing lawsuit on false premises. Period. End of paragraph.
lol Well, the scenario Billy described did not seem very general, so it’s safe to assume Billy meant to say “genuinely”. But that’s not important. We just encountered another wild admission! So you’re saying it’s possible Karl was “unsure” if the second lawsuit would ever be filed? Thanks, William! I mean, the documentation provided demonstrates resoundingly that Karl had every reason to expect a second lawsuit, but it’s helpful to hear confirmation direct from your own smacking lips. Strange though that you would then still insist, without a moment’s pause, that Karl started the GoFundMe on “false premises” and with “knowledge and intent”. I thought you just said you weren’t sure?
Dude can’t make up his mind if there was one complaint or two. Can’t decide if Karl did or didn’t know the second complaint would be filed. All he is sure is that Karl’s GoFundMe, which raised $200,000, all of which was used for exactly the purpose described, was somehow a scam, in some nebulous way he struggles to articulate. But he is absolutely certain of that conclusion! Karl do thing bad, period, end of paragraph.
Karl responded to that passage in his “Final Lawsuit Update” video. We know that the person running Billy’s Twitter account saw that video, because they promptly responded with the tweet from “Exhibit 14”:
Count that as another genius admission. Notice also how Billy/Junior made a point to tag Karl in the image. If this ever gets to trial, Billy had better have a solid rebuttal for the evidence laid out in Karl’s August 2025 video, because otherwise (as this lawsuit argues), repeating the claims after being made aware of their falsity demonstrates “reckless disregard for the truth”.
All of this is used as a basis to claim Karl scammed $200,000 from his audience. Whether you like Karl or not, whether you think he had a viable defamation defense or not, those funds were used for exactly the purpose described. Billy is allowed to think that purpose is stupid, but he’s lying if he tells you the money was not applied toward that stated use. In fact, Karl spent a whole lot more than that on his legal defense. (See “Exhibit 23”.) And yet in his black-background video, Billy sprinkles in language like “[Karl] stands to gain $200,000 from his audience”, insinuating that Karl stole the money and funded a giant bender or something. Billy doesn’t like that people crowdfund to the defense of those he sues. So he’s using the fact that one of his defendants lost as a basis for saying it was somehow a “scam” all along, which just so happens to discourage participation in any future fundraisers.
WE’LL DO IT LIVE
“Excuse me, mister ersatz. You may think Karl has a case, but I am possessed of a galaxy brain, and can immediately see a glaring flaw. Much of what you’ve laid out relies on a social media account which multiple people have access to. So Mr. Mitchell will simply claim these things were posted by someone else and do not represent him or his beliefs.”
I guess that would be Billy’s only defense at this point, wouldn’t it? I’ll skip the case law research for now, but I’ll surmise that not many people win court cases arguing “I’m not responsible for that social media account I’ve owned for over ten years, which I allow to continue using my name and likeness, and whose offending conduct I’ve allowed to persist for several months without intervention.” That’s already on thin ice to start. And remember, through his attorneys, Billy’s been made directly aware of some of these statements (such as “serious illegal activity”), and he has allowed them to stand on the account he owns. Even the hanging tweet wasn’t removed by Billy – it was taken down by Twitter themselves for violating “the X Rules”. (Yes, I still call it “Twitter”.)
Some of the material we’ve discussed implicates Billy even more directly than that. The trustee emailed Billy’s attorney, who communicates with Mr. Mullet directly. (Unlike in the California case, no attorney privilege for Junior was ever asserted in Australia.) And as a result of this direct communication, Billy’s account declares that Karl “complained about one of my tweets to the bankruptcy officer”. There’s clearly some level of collaboration going on, which can be better established through discovery. And then there’s the black-background video, where Billy makes some of these claims directly in his own voice. lmao Is he gonna try and claim the “That video was AI” defense?
It is true that in Brisbane, Billy Senior testified that his wife and son operate the social media accounts, and that Junior testified that he mainly does the Twitter stuff while Evelyn handles the Instagram. Probably why the Insta comes across as significantly less unhinged. And they may or may not stick to that exact story. Also, as I’ve discussed previously, much of the Twitter content does indeed have Junior’s fingerprints. But Billy clearly still publishes things himself at least some of the time, without Junior present. He also posts links to his live YouTube page when he streams himself playing Donkey Kong, including when he’s streaming alone:

Wait a second…
Did you say streaming!?

This lawsuit includes several quotes from various live streams by Billy. Rather than using reuploads of the streams themselves, these passages seem to be sourced by way of screenshots along with speech-to-text captions, although it’s hard to tell because of the dogshit quality of the scan. Over the years, I’ve shared many quotes plucked from Billy’s various live streams on Twitch and YouTube. But unless Billy keeps the streams up himself, I’m usually not able to link and provide the actual source because… well…

See the Second Law of Billy Mitchell. However, it occurred to me recently, I have this site now, with its own hosting. (Thank you all so much for helping fund this project for the next 10+ years!!) This platform doesn’t enable me to republish whole ass multi-hour streams, but I can upload small video clips, to be used for fair use commentary. I don’t need YouTube for this. And should some kind of DMCA claim come across my desk as site administrator, I’d be happy to tell the sender where to forward it.
I’m not going to list all the Billy streams I have preserved, because I think it would be funnier if the bad guys had to guess. But this filing cites four specific streams – conveniently, one from each of the months of August, October, November, and December of last year. From those, I’ve extracted eleven relevant clips, along with relevant chat commentary in the side panel. Apologies, they’re a bit on the quiet side – that’s because Billy’s streams run quiet, and then me recording them in OBS to capture chat makes them double-quiet. Whatever. You can view or download the clips here:
https://perfectpacman.com/wp-content/uploads/2026/04/Stream-Billy-2025-10-28-Owned-by-his-wife.mp4
https://perfectpacman.com/wp-content/uploads/2026/04/Stream-Billy-2025-11-11-Piss-you-off.mp4
https://perfectpacman.com/wp-content/uploads/2026/04/Stream-Billy-2025-12-03-Id-go-to-jail.mp4
Let’s start with some bits fleshing out what we’ve already discussed. In the August stream, a chatter asked Billy about the “misinterpretation” of the Brisbane lawsuit. Billy responded:
If I could pick on you just for a second… You don’t think your question should be: How do you feel about the fact… How do you feel about how [Karl] misrepresented the “lawsuits” with an “s” to take advantage of his audience? Now, some of them were taken advantage of because they were stupid. Some were taken advantage of just cuz they weren’t familiar with the situation and didn’t really care. But… No… I… I think that’s lousy. I think if I did that, I’d probably be in jail.
Oooh, a reference to criminality on the part of Karl. Okay. Now, you may hear that passage and think “At least Billy is once again confirming there were multiple lawsuits”, as Billy seemed to admit in his black-background video. But in another clip, Billy is adamant that that is not the case:
There were letters back and forth with the attorneys, and if I understand correctly, cuz unfortunately somebody clipped a portion of the video… clipped a portion of the video and sent it to me where [mocking voice] “Well, at least Billy finally acknowledged that there was a second concerns notice and a lawsuit.” No, I didn’t acknowledge that. Look at all the paperwork, not just what is cropped and shown to you on the screen. It’s all available for public consumption in the Australian courts. So no, once again, no I don’t “finally acknowledge that”. Dipshit.
So there was a second concerns notice / lawsuit, but there wasn’t. He uses the classic liar’s trick of “Well, you need to look at all the evidence,” when he doesn’t provide any of his own, and the evidence we’ve seen resoundingly demonstrates the claim he’s disputing. Like, do we really need to see more of the banter between the lawyers to understand that there was indeed a second draft complaint with instructions to file? Is a subsequent letter going to read “Nevermind, that didn’t count, and also it never happened in the first place”?
Also, I won’t call this a “lie”, because Billy may generally be ignorant on this point. (See what I did there?) But he describes the litigation like it’s an American lawsuit, where all the filings and such are “available for public consumption”. Hardly any of the Brisbane shit was public – not unless you hire an attorney and make a special request for certain documents. If it was public, I would’ve been republishing it here all along. And obviously internal attorney communications are never published except perhaps as exhibits, as some were in the TG California case.
Billy’s inferences of criminality on the part of Karl continued in the December stream. At one point, he reads a remark from a chatter named “dmcathis2012”, who I’m going to assume is literally fourteen years old. The remark read as follows:
Karl is lying to the trustee. He says his viewership decreased, so he’ll earn less. The trustee is actively disputing it.
This of course is total insanity. “He says his viewership decreased”? Bro, it’s a public metric. You can go to his channel and see that this is true. I don’t know what to say. And will he “earn less” with decreased viewership? I would assume so!
“The trustee is actively disputing it”?

Funny, when I read the exhibited communications from the trustee, all I see is “We are not aware of the ‘serious illegal activity’ referenced by Mr Mitchell”. They repeatedly ask Billy’s solicitor for any evidence of misconduct, and can’t get any response, as they continued to confirm earlier this calendar year (per Exhibit 11), well after that December stream. But Bozo the fucking Chat Clown here thinks he has all the inside juice.
You might say, that’s not Billy expressing that passage himself, that’s just him reading something from his chat. And that’s certainly what he would try to argue in court. The problem is… not only did Billy choose to read that comment in particular, he promptly followed it up with his monosyllabic seal of approval:
Yeah.
Billy didn’t contest or contradict the remark. Instead, he proceeded to tell a story about Karl’s Brisbane testimony that’s meant to affirm a narrative of deception on the part of Karl. And in the other December clips from that same stream, Billy refers to dmcathis2012 as “know[ing] their stuff”, and says their comments are “always good”.
In another clip from that stream, Billy infers criminality once again:
Just like dmcathis says, you know, he’s claiming that, you know, he’s not getting any money. Of course he’s claiming that. It’s like somebody evading taxes.
Look, I’m just diligently covering what’s in the filing. I’m not a lawyer, so I can’t speak to the legal viability of a defamation case based on a series of vague inferences of criminality. But don’t worry, we’ll get into some hardcore slander here in a moment.
Curiously, in another clip from that December stream, Billy shuts down his friend “ConcertCruizer” (the voice on the phone), when CC tries to suggest Karl improperly transferred assets to his wife. Billy interjected:
That isn’t what happened. You’ve been watching too many YouTube videos. That’s not what happened at all. If he did that, he’d go to jail.
And then Billy explains that Karl’s wife taking ownership of the house is standard under Australian bankruptcy procedure. Okay? Great! I’m not gonna complain if Billy retracts a previous lie. Except… It’s not really a “retraction”, is it? It’s more of a contradiction. He doesn’t say “I had this wrong previously”. And he doesn’t issue any sort of retraction on Twitter, the platform where he linked that lying Reddit post and where he accused Karl of “serious illegal activity before and during the bankruptcy process”. In fact, as I write this, both of those tweets are still live! And they each had way more views than this circlejerk livestream. So… I guess Billy doesn’t care if those were lies, and people continue believing them?
But here’s where we get to the real fireworks. In the August stream, one of Billy’s chatters suggested Karl scammed his viewers out of $200,000, referring to the GoFundMe Karl used to raise money for his own defense. That’s when Billy chose to drop one serious bar:
He actually scammed his viewers out of more than $500,000. So there, I’m telling you something that isn’t reported. More than a half a million dollars.
WHAAAAAAAAAAAATTTT!?!?!?
What does this mean? Half a million dollars?
And he says it again in the October stream. ConcertCruizer attributes a cheating claim to Karl, to which Billy replied:
He said that. Okay. He said that, so you believe him. The guy… The guy who took over half a million dollars fraudulently from his listeners. He said it, so you believe it. Tell me I’m wrong!
Literally every word of what Billy said there was wrong, but I’ll stay on point. In November, we finally got an explanation from Billy as to what he means when he says Karl scammed half a million dollars from his audience. You may want to put on the stupidity goggles for this:
Publicly, that’s publicly, he had $50,000 in one GoFundMe, 55 I think. And $200,000 in another GoFundMe. So publicly, it was $250,000 donated. Now, if you… Now, for the people who donated privately, that money wouldn’t be seen. Okay. He acknowledged that Notch gave him $300,000. So the $250,000 public dollars, okay, from the two different GoFundMes, and 300,000 is 550,000, okay, that he has acknowledged, like Notch, or was public. How much more private money there was, who knows? Okay. And let’s forget “550”. Let’s just say five-hundred. It’s an easier number. Okay. He deceptively took $500,000 from you, each one of you people that say “Oh, I learned about you through that.” Whether you gave him money… I don’t know what to say, I’m sorry that happened to you. Or… If you didn’t give him money… But again, think about it man. He was asking you to give money. That’s just unbelievable to me. And somehow, he wants to explain that it wasn’t his fault, or that you were too dumb to understand. That’s just crazy. If that doesn’t piss you off, I can’t help you. I can’t help you.
So Billy is summing together three sources of money:
– The fundraiser for Karl’s own benefit, which raised $200,000;
– The fundraiser for other defendants facing Billy Mitchell lawsuits, which raised $55,000;
– and $300,000 provided privately by Notch, to assist Karl in defending his lawsuit.
And Billy is claiming Karl “scammed” these given donors out of their money.
This is absolute, unmitigated insanity. It is impossible to overstate how wild and reckless this is. I’m sure some of you can already see where this is going, like watching a tractor trailer begin drifting off the side of a bridge right into a flow of lava filled with hungry alligators.
Let’s start with the Notch stuff. Billy Mitchell doesn’t fucking know what went on between Karl and Notch. They’re grown ass adults, both of sound mind. If Notch believed he’d been taken advantage of, he would be capable of expressing that himself. In fact, Notch has expressed just the opposite! Billy certainly isn’t speaking out of some concern for Notch’s wellbeing, given he was openly mocking Notch for continuing to defend Karl following the judgment loss:
But here’s where it gets even wilder. What we in the public haven’t seen, and what Billy hadn’t seen, are the extent of Karl’s communications with Notch and Notch’s attorneys. And now, courtesy of Exhibits 33 and 34, we got to see for ourselves how it all went down:

“Everything looks good”, huh? A month prior to that message, Notch’s manager Lisa told Karl “you can make your own decisions with your lawyer regarding this and how you would like to proceed”, but she did ask for all relevant documentation “so that we know what we are financing and for us to know how the case is proceeding”. And as you see, their attorney reviewed and approved it all. The only caveat was, they preferred to pay Karl’s lawyers directly, so Notch and Lisa could more easily declare what their money went toward.
Here’s the thing. Just because you fund a legal defense, and that defense loses at trial, that doesn’t mean the money funding that defense was somehow misapplied or misappropriated. It’s court! Shit happens sometimes! The money was still spent toward exactly the purpose that was intended. The fact Billy personally disapproves of that purpose doesn’t make it a “scam”. And while many people in the public casually assumed the Queensland lawsuit was over video game cheating allegations, here we have a documentary trail evidencing that Notch and his team were advised of exactly what the lawsuit was about. There was no “scam”. There was no “misleading his audience” here. None of the lies Billy has been riding in the wake of his court victory make this claim that Karl “scammed” Notch any more buoyant. And yet Billy’s happy to run his mouth and accuse Karl of a literal crime anyway.
Before we continue, I would like to pause on this point for a little longer. As someone who’s happy to relitigate the Australia defamation case at any time, it turns out this case was reviewed by an independent attorney who deemed the defense worthy of funding. Notch’s attorney didn’t step in and say “Woah, this is insane, we can’t fund this crap, this Karl guy needs to settle with Billy ASAP.” They probably thought what many of us thought: “Holy shit, Billy Mitchell was cracking jokes about how much he wants to see Apollo Legend confirmed dead, and yet he thinks he’s going to succeed because Karl reported some inaccuracies about their settlement?” Granted, the unnamed attorney representing Notch in Sweden may or may not be well versed in Australian defamation law. Look, I get it. Everyone wants to trust the judge. He does have a very big chair. But there was nothing about the Australia case that inherently said “Karl is going to lose and this will be a massive waste of time and money.” Only the lying-lie-liar who finally won a lawsuit wants you to think that.
Getting back to business, passages 54 and 55 of the filing tie Count IV together:

At this point, you might be thinking Billy Mitchell is kinda fucked.
Can you believe it’s about to get worse?

This is David Race, armed and ready to bust a giant hammer through Billy’s bullshit. I swear to you, I will one day find the time to finish my multi-part series on Billy’s failed lawsuit against David in Florida. It remains like 70% completed. In short, Billy sued David over a recorded phone call based on a specious interpretation of Florida law. David prevailed on appeal, and the whole case ultimately got tossed by the state Supreme Court.
So David won! And this victory was thanks in part to Karl, who set up the GoFundMe where you all were able to donate toward David’s successful legal defense. So even any fucking dunderheads who want to say a legal fundraiser retroactively becomes a “scam” the moment the recipient loses their case, not even they can say a damn thing here. The law was correctly applied. Billy’s frivolous lawsuit was tossed. David Race prevailed. And – most importantly for our discussion – the money was spent for exactly the purpose described.
Where the actual motherfucking fuck does Billy Mitchell get off calling this fundraiser a “scam”? Or accusing Karl of “deceptively” and “fraudulently” taking people’s money?
This would be like him saying you got scammed for attending a football game just because he didn’t like the outcome of the game you went to. Sure, you can cry about it Billy, if that helps you through your trauma, but we thought that game was awesome!!
And yet, it somehow gets even worse. And this, Count III, might actually be the strongest of all the counts in Karl’s lawsuit. At least with the Notch stuff, you could maaaybe try to argue Billy was somehow unaware of the interactions between Karl and Notch, and the fact that Notch’s attorneys were directly apprised of the terms of the lawsuit. It was still reckless as hell for Billy to immediately jump to calling their private arrangement a “scam” based seemingly on nothing but his desire to slander both parties. Still, if Billy’s only hope is to claim pathetic ignorance, I guess that’s what he’d try.
But even that doesn’t fly here. During the Brisbane trial, David Race was asked about the money from this GoFundMe. You can read about this in my “Day 5” reporting from the trial, or in a passage from the transcript included as Exhibit 31. David testified that most if not all of the money from that fundraiser was spent on defense in his case, with his only stated reservation being that he was unsure how much may have gone to Jeremy Young and JC Harrist, who were defending a different baseless lawsuit from Billy:

Billy Mitchell
was present
in the courtroom.
I know, because I was there as well.
I noted specifically in my “Day 5” coverage that Billy was reacting to David’s testimony as it was being spoken. Just prior to the GoFundMe testimony, David remarked that trying to defend Billy is “like being in a cult” (or words to that effect), to which I wrote:
As I heard that line, I looked over at Billy. He had a very displeased look on his face, having to sit and listen to David tell the truth.
We don’t need secret Notch correspondence on this one. Billy heard David say, in court testimony, basically “Yeah, the GoFundMe money for my legal defense was spent exactly as declared.” And Billy’s still gonna run his mouth and tell everyone Karl “deceptively” and “fraudulently” “scammed” the entirety of that money from his audience?
Are
you
shitting
me!?
Is Billy Mitchell really this dumb!?
And lest you think “scam” and “fraud” here are somehow meant rhetorically and not as literal accusations of criminality – as if that would be a viable legal defense here – we can once again go to the stream record and show otherwise. In one clip from the December stream, ConcertCruizer refers to Karl as “The guy who lied about the case and e-begged his entire crowd for money for a second lawsuit that was never coming”. Billy then embraces this characterization as “Correct”, before spiraling into yet another rant:
He took over half a million dollars of people’s money, okay, based upon… Let me be kind… based upon the falsehood. Yes, he took over half a million dollars. I mean… some people argue that you should go to jail for doing something like that. There’s just certain things in the world that I laugh at, and one is, if I did that, I’d… I would, I’d go to jail.
The echo chamber among these people is insane. First they allege Karl fraudulently obtained the $200,000 from his personal defense fundraiser, which wasn’t true in the first place. Then they keep adding more. Whatever money they can see, add it to the fraud total. Don’t question it! Meanwhile, you have clowns like “dmcathis2012” making stuff up out of thin air, and that gets promptly added to the “fraud” narrative as well. ConcertCruizer hears claims from chat and he immediately believes those, too. Not for a moment do they seem to think “Wait, these are all statements of fact, alleging someone who doesn’t like us of committing specific crimes, so maybe we should have some idea of how true they are.” Who knows how high their dollar total would’ve eventually gotten?

TIME FOR A RECOUNT

Okay, let’s review those alleged counts again.
Per Count I, did Billy accuse Karl of engaging in “serious illegal activity” during his bankruptcy? And were the statements false? And did Billy either know they were false, or act with reckless disregard for the truth?
Yes to each. He’ll probably try to spin some other alleged wrongdoing out of whole cloth, so that he can say he was technically correct, while peddling a weak excuse as to why he wouldn’t simply share this evidence with the authority tasked with investigating such wrongdoing. Or maybe the dog ate the trustee email along with his homework. But the known facts do not support Billy’s innocence.
Per Count II, did Billy accuse Karl of defrauding $200,000 through his personal defense GoFundMe? And were these statements false, and made with reckless disregard?
While this may not be as strong as some of these other counts, I think these are sufficiently established.
Per Count III, did Billy claim that Karl scammed $50,000 donated for defendants of other Billy Mitchell lawsuits, primarily David Race? And did Billy know these accusations were false?
Emphatically, empirically yes. This is about as open-and-shut as anything gets.
Per Count IV, did Billy accuse Karl of swindling $300,000 from Notch? And were these statements made with either knowledge of their falsity or reckless disregard for the truth?
Yes indeedy! Direct knowledge of falsity may be a stretch on this one (although Billy mocking Notch doesn’t help his defense there), but the whole narrative certainly reeks of reckless disregard.
Per Count V, did Billy declare repeatedly and emphatically that Karl fraudulently took half a million dollars through these combined sources? Yadda yadda falsity?
Well, since this comprises of elements from other counts which are all established, some up to the point of fully confirmed knowledge of falsity, I’d say yes, this one’s pretty covered as well.
As far as the strict legal allegations go, there are a few loose ends to tie up. Count VI is “Unauthorized appropriation of name or likeness”, and Count VII is “Intentional infliction of emotional distress”. Again, I’ll leave it to the law commentators to say whether the evidence meets specific legal hurdles, as opposed to our lay tendencies to gasp in disgust. Also, since Karl is a public figure, there is a threshold Karl has to clear in establishing that these statements from Billy were made with malice. The remaining exhibits from 38 onward are spent fleshing out these points. Here’s some of what the judge will be seeing to those ends:
Again, I couldn’t tell you exactly what legal threshold needs to be met in order for all of this to be qualified as a civil tort. But Billy has clearly and aggressively been using Karl’s name and likeness in his sales campaigns, and continues doing so up to the present month.
Gosh, Billy’s sure not shy about tying his attempts to publicly humiliate Karl directly into his hot sauce sales!
There’s this whole subgenre of Billy tweets bragging about how fun it is to sue everyone. I’m sure those will age like a fine gourmet cheese.
Some galaxy brain will no doubt point out that Karl has produced many, many videos mocking Billy and reporting on his lies and lawsuits. But Karl was reporting on actual news, relevant current events in gaming. Sure, you may see lots of mockery of public figures on social media every day. But will the court see this stuff from Billy as valid journalism? Or will they see it as a dedicated campaign of harassment?
There’s another one for the little old church ladies. I hope they have a couple fainting chairs in that jury box.
You can see many more monochromatic examples in the actual filing – and don’t forget about that hanging tweet from earlier – but I think this is a representative sample. However, there are a couple more Twitter exhibits that have deeper connotations:
This one’s interesting to me. It doesn’t seem anything came of this declaration from “Legal Mindset” blue check guy several months ago. But Billy retweeting it to his timeline seems to indicate an intent, a desire, to “cripple Jobst’s future income”. Wouldn’t that be contrary to Billy’s financial interests, though? On paper, you’d think he’d want Karl to make more money, so more could go to the bankruptcy trustee, and Billy could recoup more of what Karl owes him – at least, within the window before Karl’s debts are wiped. But of course, that’s not what’s going on. Maybe I’m reading too much into it, but it just sorta feels vaguely, faintly, slightly, like perhaps Billy simply wants Karl to suffer, and is even willing to sacrifice personal gains to that end. And Twitter activity like this is, perhaps, an expression of that goal.
Lest you think I’m reading too much into this…
Oh boy! So it’s not enough for Billy to smear and slander and humiliate Karl using his default platform. Billy was considering paying money to amplify this slander to a wider audience.
Okay, dude. Another golden admission. Either way, this stuff is in the lawsuit now. So I guess the judge or jury will have to consider it.
As we wrap up our look at the evidence, let’s turn back to Billy’s streaming fuckwittery. Earlier, I kinda glossed over this remark from his November stream:
That’s just unbelievable to me. And somehow, he wants to explain that it wasn’t his fault, or that you were too dumb to understand. That’s just crazy. If that doesn’t piss you off, I can’t help you. I can’t help you.
You might notice the complaint has a section titled “Mitchell’s malice and pattern of conduct”, which includes the following passage:
Mitchell encouraged his audience to react emotionally to his statements, including by framing his allegations in terms intended to provoke anger rather than to present verifiable facts.
That certainly hits the mark. And elsewhere in the filing, this sentiment is repeated:
Mitchell encouraged his audience to react with anger toward Jobst, evidencing an intent to undermine Jobst’s credibility and relationship with his viewers.
There are three remaining stream clips, which also relate to the questions of malice and intentional emotional harm. First, in the October stream, Billy’s chatters were spouting random rumors they’d heard, leading Billy to compliment them on supposedly being informed. Billy then remarked:
He basically lives in a home… that’s owned by his… wife. So if his wife throws him out, he’s homeless.
It’s funny because you can hear in Billy’s voice the gradual realization that what he’s saying is just as true of himself. In December, Billy decides to have another laugh at the thought of Karl being homeless and out on the street:
So now he lives in his house, the house that is in his wife’s name, she’s the only one with any equity in it, and if she sells the house, she takes the money – I think she’s from Hong Kong – if she sells the house, takes the money, if she gives him a boot in the ass, she leaves with all the money, and he goes to the soup kitchen.
Billy sure thought this was funny! But if you still harbored any doubts about Billy’s intent, he erases those in a clip from his August stream. One chatter named “White Guy” something-or-other said he appreciated Billy allegedly destroying Karl’s career, to which Billy replied:
Mr. White Guy… You ain’t seen nothing yet.
A moment later, another chatter claims Karl’s voice is now shaking, and that he’s “on the ropes badly”. Again, Billy mused:
You ain’t seen nothing yet, Connor.
Does all of this establish malice? If this didn’t, I struggle to imagine what would.
Remember, these aren’t the crux of the complaint. Okay, one of the counts is “Intentional infliction of emotional distress”. But mostly, this is about establishing malice with regard the other counts. Lots of people mock public figures on social media. To a reasonable extent, that’s allowed. What’s not allowed is falsely accusing them of specific crimes you know they didn’t commit. This well-established pattern of conduct demonstrates that the defamation was intentional. And Billy’s frequent tie-ins linking this harassment of the guy he’s slandering to commercial pitches and product sales? I almost feel bad for Billy’s attorney.
IN THE DETAILS
We’ll wrap this up in a moment, but because this is the long version, and because I know my regular folks appreciate all the smaller details, I’d like to go over a few more quick observations. This is for the super-nerds.
First, you may be wondering how Karl can afford to wage a lawsuit when he’s bankrupt. I’m certain that was Billy’s first question! In fact, Billy has probably been operating under the belief he can safely run his mouth all he wants because Karl couldn’t afford to do anything about it. Hey, so much for that “plan”, huh?
However, as you can see, this complaint was filed by Karl himself, without an attorney. Yes, you can do that. Billy’s lawsuits against Twin Galaxies, Donkey Kong Forum, and Apollo Legend were initiated without legal representation. So all Karl needed was to do the work himself, and pay the filing fee. Given how everything played out previously, I personally would say Karl is unlikely to crowdfund this one lol, but he would have every right to do so, and probably a lot of people would still fund it.
This doesn’t mean there has been no lawyerly assistance behind the scenes, though. The filing reads very impressively, and considerate of the required legal hurdles. While I’m not a legal professional, I’ve also read my share of court stuff. It’s certainly much more fleshed out and detailed than Billy’s self-initiated lawsuits, where he complained about such things as Apollo saying he does “stupid stuff”:

Out of curiosity, I perused the filing for examples of Commonwealth English versus American English. Unsurprisingly, there are some instances of the former, likely indicating some degree of authorship by Jobst. There’s “advertise”, “defence”, and two instances of “offences” (although those refer to the trustee letter where “offences” is used). However, American English was much more prevalent. “Civilized”, “summarized”, “unauthorized”. “Monetisation”/”Monetization” is used both ways, lol. Most of the dates are American style – MM DD YYYY – but some are Australian style – DD MM YYYY:

You may think little of these examples if you’re from Australia or the UK. But you have to remember, here in the United States, our primary exports are media and culture. We get the periodic Bond movie, and the occasional reality show featuring an angry Brit shouting at us, but everything else is catered strictly to American audiences, featuring American characters speaking in American accents and following American customs. So stuff like the King’s English stands out to us like a sore thumb.
Still, the fact these don’t fall exclusively one way or the other is just as apparent. Given how airtight the case reads, if Karl did shop the case around before filing, I would be shocked if an attorney turned it down for any reason other than “Billy Mitchell’s probably broke as a joke, so it’s not worth it for me to take the case on contingency”.
[EDIT: Since people have asked, I would say Karl is unlikely to represent himself through the entire process. At absolute minimum, he would be wise to hire an actual attorney for the trial. Despite what some folks seem to believe, Karl can add an a lawyer any time he wants, or as his financial situation allows.]
The filing is light on statute citations and case law, including only two references justifying jurisdiction. Usually, when covering legal briefs, those citations are what I follow to gauge the validity of legal arguments. In this case, I’ll have to leave it to the professional commentators.
I will say, I like how Karl handles his Queensland court loss:
In September 2021, Mitchell filed a defamation lawsuit against Jobst in Australia relating to a May 2021 video publication.
The litigation resulted in a judgment in Mitchell’s favor.
It’s tricky, because you don’t want to prejudice the new judge against you from the outset. “Oh, I defamed this guy before and that’s why he’s pissed off at me.” But you also can’t dance around it entirely. “I owed Billy Mitchell a bunch of money, but I won’t tell you whyyyyyyyyy.” This is good. Karl is factually acknowledging the circumstances originated from a single video. I would even specify it to say a single statement in a single video. Compare that to this wild campaign of slander from Billy, and there’s no comparison.
There is one and only one thing in this filing I actively dislike. I’m probably the only independent party on this entire planet who would notice this trivial detail – although I guarantee Billy and Junior will catch it immediately. Such is the burden of being the expert on this extremely niche subject. Even if you’ve followed this entire saga intently for years, and read all my coverage on this site, you could have read this filing for yourself, and this item probably would have slipped right by you.
In paragraph 25, Karl is describing Billy’s black-background video, where Billy says Karl “stands to gain $200,000 from his audience” on “false premises” with Karl’s “knowledge and intent”. Those are all lies, which we’ve gone over already. But then at the end of that paragraph, this claim is appended out of nowhere:
In the same video, Mitchell further stated that Jobst had made a “hail Mary attempt to dismiss the lawsuit,” referring to a July 2022 application.
Two paragraphs later, after illustrating the demonstrable falsity of Billy’s other claims, Karl adds:
Mitchell’s assertion that Jobst had made a “hail Mary attempt to dismiss the lawsuit” was also false; the July 2022 application was an application for security for costs, which the Court granted, ordering the provision of additional security to be held in trust and expressly finding that such an order would not be oppressive, and that it was not an application seeking dismissal of the proceeding.
There’s just one minor problem.
It wasn’t a lie from Billy. It wasn’t even particularly a falsehood. It was just like an opinion, man.

Comparatively, do you recall when Tony Nimrod and company filed to disqualify the Mighty Mister Tash in the California case? I certainly had my opinions about that at the time:
The whole exercise was a wild pipe dream, and one that I suspect was more about Billy’s lawyers trying to appease their client by giving the appearance of going on the offensive than it was about any sort of cogent strategy or hope for success.
On the face of it, this disqualification motion was always a fantasy. […] What they wanted was to chill Tash’s zeal and curb his effectiveness. In that regard, this ruling was the best they could have hoped for.
I never thought twice about saying these things, because none of what I described were crimes, and because I never thought people would assume I was an actual mind-reader who literally knew Billy’s and Ellrod’s exact motivations. Sure, Team Billy would say “Gosh golly, we’re just filing this disqualification motion out of deep concern for the sanctity of the jurisprudential process blah blah.” But no, they were doing it because they wanted to win their case, as evidenced by the fact their disqualification motion went nowhere as soon as the case was settled.
It’s like when you say, “He’s just doing that to get attention”, you’re obviously making an informed guess, not a formal psychiatric assessment. Or if you say “That guy’s totally full of shit”, you don’t expect people to think you literally mean the subject of discussion is physically engorged with excrement. You’re just speaking figuratively, about what you think is going on in someone’s noggin. You’re allowed to do that. I’ve done that at least twice in this write-up so far, and you probably didn’t even notice.
Let’s stipulate right here and now that the contested application (which doesn’t seem to have been provided) said nothing about the termination of the case. Fine. There doesn’t seem to be any dispute as to that. They were just trying to get Billy to put up a security deposit. Billy saying basically “Oh, Karl was just desperately trying to get the case dismissed” is nothing. It is a non-thing. Complete and utter nothing burger. I don’t even especially disbelieve it. Like, what would anyone expect to happen if Billy was unable to pay a required security deposit? Wouldn’t Karl’s attorneys have immediately followed up with a motion to dismiss? If Billy’s case was shitcanned for failure to comply with court orders, would Karl’s legal team really have gone “Woah, that’s not what we were asking for!” Yes, it’s true you’re not supposed to file motions under false pretenses. But lawyers file shit like this all the time. They ask for little things, hoping for big things, or big things hoping for little things. And they throw obstructions in the path of their opposition, hoping that one or a combination of these will be what wins their case via technicality or failure to comply or whatever. Allllll the time.
When writing “Fallout roundup” part one, I was aware of this claim from Billy, and I had the opportunity to call it out, but I didn’t, because it was a void sandwich. And while that series hasn’t caught up to Karl’s response video, I also wasn’t intending to criticize Karl for calling it “such a ridiculous lie that I’m shocked even Billy Mitchell would say something this stupid”. Whatever, that’s just YouTube drama beef.
But now it’s in a court filing?
It baffles me. Why is this here? Billy lies all the time about everything. He’s a lying-lie-lie-liar of inexhaustible lie-itude. You can’t include it all, my friends. Was it so important to litigate this one point in court? Did Karl really need everyone to know his lawyers really didn’t file a desperate ploy to scuttle the case, even though literally no one would care if they did? This brief point reads like that bizarre chapter or plotline in a novel which doesn’t connect to anything else, and doesn’t advance the story or develop the worldbuilding in any way, but the author is married to it for whatever reason. You gotta cut out bullshit like this. It is dead weight.
Lest you think I’m overreacting – repeat after me – it gets even worse. Let’s call back to exactly what Billy said about this in his black-background video, starting at about 7:30:
In July of 2022, Mr. Jobst submitted an application to the court of what effectively amounted as a hail Mary attempt to dismiss the lawsuit. That didn’t pan out for him. For the sake of brevity, I’ll continue on, but I’ll leave an explanation of that application in the description of the video.
Wait wait wait…
“effectively amounted”?
That’s what this is about? Huh, why didn’t that get included in the filing? Sure seems like this was strictly couched as a matter of personal belief. You know me, you know I’m no fan of Billy. I’m not looking to defend him on anything. But this one item was an unmitigated non-taco from the start.
You can’t even say Billy “hid” the real details in his video description a la James Somerton. He pointed you directly toward it! I’m not going to copy-paste the entirety of Billy’s text here, but it reads exactly as we stipulated – that Karl’s attorneys sought and received an order for an increased security deposit. And presenting this information in this way was perfectly understandable, as the description was a lengthy mouthful that would have derailed the video Billy was trying to make. Of all the numerous valid things to criticize Billy for, why this?
We’re talking about a court in the United States, where fine print is King. The judge absolutely will not see this as a “lie” or “falsehood” from Billy in any way, shape, or form. And now, Billy has the opportunity to highlight this and say “See? Mr. Plaintiff Jobst didn’t tell you everything, did he?”
I’m not writing any of this to impugn Karl’s sincerity at all. I’m sure when he first saw Billy’s video, he heard the “Hail Mary” line and went “WTF is he talking about? That’s not what happened!” And Karl is also correct, that that is not what happened. This bit obviously stuck in Karl’s craw. You may also notice, Billy did selectively crop the court order shown on screen to hide what it was actually saying. And obviously, Billy may not even sincerely believe whatever opinion or belief he states at any given time. But he is legally entitled to express a conclusion based on facts.
With all of that said, I recognize that you can argue the other way on this. There is the school of thought that says to include as much as possible, throw everything at the wall, etc. Keep Billy defending rather than attacking. I guess this stands out so much for the fact it’s the only item of that sort which doesn’t pull its weight. When the body of evidence is so damning, I’d think the best approach is to maintain that high standard of impact throughout. But that’s just me. This could also maaaybe be part of some big brain 5D chess gambit, where this point somehow becomes relevant down the line, but Karl needs to introduce this line of argument at the complaint stage. I guess we’ll see. It’ll get litigated either way now.
WHAT ARE KARL’S CHANCES?
Let’s be clear: Everything else about this filing reads as completely bulletproof. Ordinarily, Karl may struggle to establish malice and/or knowledge of falsity with regard to some of the specific GoFundMe statements. But the fact these counts are all bundled together benefits Karl greatly. Billy’s knowingly false claims about the David Race fundraiser were surely malicious, and that should increase the likelihood that similar statements about the other fundraisers are viewed as indicative of the same malice. Billy may try to argue that his live streams with small audiences have minimal reach, but again, Karl is alleging “defamation per se”. He doesn’t have to prove damages, but merely that the conduct and claims are so wildly defamatory that harm is legally implied. You can’t just log in on cheapstream.tube, start running your mouth and falsely accusing people you don’t like of major crimes which you know are false, and then expect the court to decide it doesn’t count. And holy smokes, if this stuff gets in front of a jury!?
Karl lost in Australia over a strained interpretation of a single statement in a single video. Billy’s conduct here involves a repeated pattern of false allegations of a disgustingly criminal nature across multiple platforms over the course of several months. While I wouldn’t expect Karl to make any public statements about this case before its completion, I feel like there should be no doubt whatsoever that Karl’s chances of prevailing here are exceptionally high. Any sane person receiving a lawsuit this ironclad would be shitting their walls. And if Billy has any sense left, he should be seeking to settle immediately by any terms necessary.
I recognize in retrospect that I failed you all in my coverage of the Brisbane case by not adequately expressing the possibility – even as minimal as I believed it to be – that Billy could win that case. It’s easy to see my error in hindsight. I intend not to make that same mistake again, which is part of why I chose to be forthright about my misgivings over the “Hail Mary” inclusion. I don’t give a shit if idiots on the Internet don’t like me or my work. But I don’t want to lead you all astray, given the nonzero possibility of the rug being pulled out from under all of us yet again.
That said, when pondering the issue, I run into many of the same complications I did before. Just because I am indeed an independent (unpaid) journalist doing valid gaming journalism – don’t @ me – doesn’t mean I don’t have a strong opinion of who’s in the right, and who’s in the wrong. I never had any interest in giving Billy advice on how to successfully sue innocent people, and that inclination has not changed now that the unrepentant serial liar and con artist is now a defendant.
With all of that said, I see only two ways this could go south for Karl. (Or I guess “north” if you’re Australian?) I think, if Billy’s dumb enough to try spending resources to defend this case, his only nominally-viable line of defense would be to try to turn all of this into a “TAB” case before the judge.
What, you may ask, is a “TAB” case?

I would love to pretend “TAB” is some fancy Latin court acronym, but no, it’s just something I made up. “TAB” stands for “Two Assholes Bickering”. Judges see TAB cases alllllll the time. They’re not going to be impressed. They’re not going to take either side. They know they’re paid caretakers – surrogate parents for two dysfunctional adults whose fathers didn’t spank them properly or whatever. Sure, one of the parties has to prevail, but neither TAB party is likely to get much cooperation from the judge along the way.
As a defendant in a case like this, you’re dying for the judge to see this as a TAB case. After all, you’re not the one who brought it to court. Fuck it, fling shit at the wall! If you can get the other party to lose their composure in the process, that’s good for you. Just ride it out, try and exhaust the other party’s resources and spirit, or worst case scenario, hope you can schmooze the jury into thinking this TAB case was a waste of their time.
On the other hand, this is the last thing you want as a plaintiff. Your goal is for the judge and jury to see you as a sincere and serious party, with a fully legitimate grievance, against a wholly unreasonable agent, which you have pursued through non-court means to the full extent available. You are there, respectful of the fact you are compelling everyone’s time, as a final resort, exercising your right to seek deserved restitution.
I’ve never been a judge, but judges are human, and I have been one of those. They’re going to have respect for one side, or the other, or neither. Even if the judge is not the “finder of fact”, they can obviously have a major influence on how the terms of the battle play out. But if you won’t take my word for why this is important because I’m not an attorney, by happenstance I recently heard an actual lawyer – LegalBytes on YouTube – discussing the same idea in the introduction to a video on the Logal Paul / Coffeezilla case:
I’ve talked about this before on this channel. It is totally possible to run litigation tactics that bring you into, let’s just say disfavor with the judge. And personally, I’m starting to see signs here that the judge is probably getting annoyed “A-F” with Paul’s side for precisely that reason. And the signs may be a little bit subtle, but I think that it can still lead to some consequences for Paul, because those kind of annoyances can impact a judge’s decision on smaller matters, and smaller decisions can add up to much bigger ones in the end.
I’d like to think Billy’s many lies and his outrageous conduct would be what puts him in disfavor with the court. But let’s be honest, that suit must be lined with Teflon. We’ve seen him escape accountability so many times. It seems everyone else has to play to a different standard in life, which is how it is sometimes. But you can’t just assume you can indulge in the same comportment. I’d say Karl and his attorney will need to be on guard for the TAB approach.
However – and I hate to bring this up, but I must be frank with you all – there is another way Karl could lose this otherwise unassailable lawsuit.

I think it’s fair to say Karl was overly confident in his chances of winning the Queensland case, and that led to some stupid decisions along the way. That failure to take the vulnerabilities of one’s case seriously contributed to an outcome where Karl spent years of his life giving Billy Mitchell the only legitimate win he has ever earned.
As usual, I never speak for Karl. But I think we can stipulate that he learned a lot from that experience. So I’m not worried at all about him making the same mistakes. And I’m assuming Karl’s not going to all this trouble, putting his reputation back under scrutiny, without the intention of seeing this case through to trial if necessary. But – as crazy as it may sound – you can’t assume you are certain to win just because the letter and intent of the law and the full weight of the evidence are all on your side. You’ve gotta put in the work, and you have to keep your shit on point. Because you will be shocked at how quickly things can unravel if you take them for granted.
I guess this is why the “Hail Mary” argument bothers me as much as it does. I see it as contributing, even minimally, to both of these potential avenues to defeat. First, it’s a TAB argument, which won’t stick to Billy, and which Billy will use to cast doubt on the rest of Karl’s framing. But it also reads like an indication of a mindset of “I can throw this in, and it won’t matter.” The issue for me is not that there’s anything but a miniscule chance that addition could materially damage Karl’s case. The issue is that any such damage would be 100% self-inflicted. If Billy somehow wins this, it’ll be in part because of an accumulation of tiny own-goals along the way.
Maybe I’m overemphasizing a microscopic detail. This is all just my personal take on the complaint as filed. But like I said, I failed you all last time. I treated the case as something the good guys would surely, obviously, undoubtedly win… and the good guys lost. This time around, I would much rather be candid and objective about the flaws of the protagonist’s posture in exchange for a more favorable outcome. And once Karl formally adds a real attorney to the case, we’ll likely see an amended complaint, which will be more polished.
Aside from all that, I guess you could say my only remaining concern is that this case is so exceptionally damning for Billy, so outrageous and unwinnable as a defendant, that he could decide his only option is to go full nuclear. After all his bravado, I can’t imagine him agreeing to produce a video retraction written by Karl (lmao). Billy’s far too narcissistic to admit fault the way Karl has. Is it even possible for them to reach a settlement without a public retraction from Billy? Would Billy piss away what remains of his family’s future in yet another losing legal war because he sees no alternative?
Generally – and I do mean “generally” this time – I believe most matters such as these should be handled outside of court, and that individuals who are too eager to sue their critics rather than publish rebuttals are awful people. But this is clearly a situation where litigation is warranted. Cases like this are what the court system is here for. Billy Mitchell has 1000% illegally defamed Karl Jobst, repeatedly, and intentionally. Karl has already published many rebuttals, and shameless Billy has only gotten more aggressive in his malicious defamation. I’m also a firm, unwavering believer in the “Asshole Tax”. If this was some ordinary knucklehead on YouTube, I’d feel differently about Karl initiating a court battle. But we’re talking about the guy who revelled in suing almost everyone he could over the mountain of evidence that he cheated at a fucking video game. Fuck this guy. Fuck him in his stupid ear. Billy Mitchell is the one who wanted to play the courtroom game. I do not feel the least bit sorry for him now.
Yes, if this goes all the way to trial, I will absolutely cover it in Florida in person, like I did in Brisbane. I couldn’t guarantee the ability to fly across the entire globe again, but I can surely find my way to the Sunshine State one more time. I may have no material stake in who wins or loses, but I sure as heck care who wins. But before then, we’re gonna have the full suite of motions and procedures, most likely beginning with an anti-SLAPP motion from Billy, all of which should be publicly available via the American court system. I will continue to be here, covering it all throughout. And don’t worry, there’s still gonna be a “Fallout roundup” part three soon-ish, although I may have to expand that series once the eventual aftermath of this litigation is appreciated.
To any Florida attorneys reading this, contemplating taking on this case: I am a fair man. I know first-hand that law is complicated. If I understand why an action or a decision is made, even if it’s unpopular, I will defend it. But I’m also not a dummy. If you’re just going to fuck around, draw a paycheck, and lose, I don’t want you anywhere near this case (unless you’re representing Billy lol). But if you want to become famous as the attorney who finally took down the infamous “King of Kong” cheater guy, here’s your opportunity.
To date, Billy has sued a bunch of innocent people, he has fully and eternally cemented his reputation as a lying narcissist who cheated at the very video games he wants you to think he’s a champion at, he has lost nearly every lawsuit he initiated, and after lucking into a single litigation win, he celebrated by running his dumb mouth so badly he’s getting dragged back into court, to face one of the most damning lawsuits you’re ever going to see in print.
I think from this, we can add a Fifth Law of Billy Mitchell:
“Billy Mitchell says he always has a plan, but he never said it was a good one.”
Thank you all for reading as always! Enjoy your weekend. And stay tuned!






















$300,000? Wasn’t it $3k Jobber? From “My Final Lawsuit Update” at 28:40.
“I pay Billy $3,000. I never repeat the statements he has a problem with, and we both walk away.”
https://storage.courtlistener.com/recap/gov.uscourts.flsd.711378/gov.uscourts.flsd.711378.1.0.pdf
“Furthermore, prior to bankruptcy, Jobst provided M tchell w th a detailed
disclosure of his financial position and offered to resolve the judgment for $300,000, an
amount far exceeding the value ultimately recoverable through bankruptcy”
lolololol
You’re confusing two different offers.
At the start of litigation, Karl offered to settle for $3,000, as well as agreeing never to repeat the statement. As Karl said in his video, this would’ve been a great deal for Billy, considering if he followed through with litigation, his best case scenario would be to lose a few hundred thousand dollars obtaining a judgment Karl couldn’t pay.
After judgment, Karl offered $300,000 to settle all the debt, including judgment and court costs. That’s what’s referred to in the filing on page 4, paragraph 13. That’s the money Karl would’ve sourced through family, which would have cost them more, and would have resulted in Karl’s unrelated personal debt being retained. It would’ve put Karl out more money, but would have avoided the inconvenience of bankruptcy.
Where does Jobber say that he offered $300k after judgment? Prove it because the offer he bragged about was $3k in LUS’s comments and in his video.
“offered to resolve the judgment for $300,000”
28:39
28 minutes, 39 seconds
which just shows how good faith and generous my offer really was. On the topic of generous offers, I was the only
28:46
28 minutes, 46 seconds
party to ever make a formal settlement offer during the lawsuit. On the 23rd of May, 2022, I offer to settle the lawsuit
28:54
28 minutes, 54 seconds
with the following terms. I pay Billy $3,000. I never repeat the statements he has a problem with, and we both walk
29:02
29 minutes, 2 seconds
away. Now, you might look at this offer and think that $3,000 is not a lot of money.
27:25
27 minutes, 25 seconds
I told him what they were worth. I advised Billy that I could not pay the judgment and thus I would be declaring bankruptcy. However, I first gave Billy
27:34
27 minutes, 34 seconds
the option to accept an immediate cash payment of $300,000 in order to release me from the judgment. Of course, that
27:42
27 minutes, 42 seconds
money wasn’t coming from me. This was sourced from family members. This was a very generous offer. If Billy accepted this offer, he would have received
27:50
27 minutes, 50 seconds
double the amount of money he will receive now through the bankruptcy process. And on top of that, because I would be avoiding bankruptcy, all of my
27:58
27 minutes, 58 seconds
personal debts would still need to have been paid, which total over $100,000.
> Where does Jobber say that he offered $300k after judgment?
Looks like you found it without my help.
Uhhh, did you read your own quotes?
“told him what they were worth. I advised Billy that I could not pay the judgment and thus I would be declaring bankruptcy. However, I first gave Billy the option to accept an immediate cash payment of $300,000 in order to release me from the judgment.”
It helps if you read.
Nice work. I might have missed it on your writing so I looked it up from the court papers. Jobst did not specify the number how much money he is demanding. Just the max. that law allows in punitive damages + interest and lawyer fees, to be determined by jury. Or something like that.
That’s a good point! I forgot to mention that. This may have come with a cover sheet that specifies dollar amount, which wasn’t included in the downloads. Some of Billy’s pro se suits were vague on dollar figure except where specified on the cover sheet.
Good to see a credible source cover this. I noticed people were talking about this in Karl’s comments and assumed it was probably bullshit. Even LUS who suspiciously stopped talking about Karl after he responded to Jirard and Dexerto reported on it but we all know how reliable their lawsuit coverage is. I was just about to ask you about this before I saw this post. Glad to see an asshole get a taste of his own lawsuit medicine. I just hope that Karl probably won’t be a dumbass again and lose another slam dunk case. Unlike the other lawsuits about mullet guy who hates funny series like AVGN and Regular Show, I am conflicted on the predicted outcome. On one hand, representing yourself is a bit risky but on the other hand Billy is fucked regarding the actual facts of the case since he did obviously lie.
Thank you for the kind words. Self-representation is definitely a risk. I have done it successfully multiple times, but only on defense. One nice thing about it is, it’s very cheap. It turns your “lawyer fees” into a trip to Kinkos. And with the Internet, there are many resources to help you. Trial itself is the biggest problem, because you can’t stop the action and search up “Should I object to this? And what objection to make?”
Makes sense he would look up the details about filing and the laws since incorrect filing was an important topic for the Todd Rogers and CryptoZoo lawsuits.
LUS’s reading was hilariously bad. He whined that Karl’s complaint ‘didn’t look right’ and compared it to a lawsuit filed in California with an entirely different set of filing rules. Yeah moron, it doesn’t look like the California one because Florida and California were different.
He likewise whined that it didn’t ‘include case law’ even though you are not supposed to cite to case law in a complaint, since the entire point of a complaint is to be simple and to the point.
Just utter idiocy.
That’s not a good response; the complaint was filed in the FEDERAL district court in Florida. Was the California case referenced filed in federal court or California state court? There should be no significant differences between federal district courts in Florida and California — both are bound by the federal rules of civil procedure. There will be local rules relevant to the specific court, real administrative nuts and bolts stuff, but substantively the federal courts are all the same, theoretically, at least procedurally.
Ersatz Carts – maybe you need to serve as Karl’s lawyer here…
Ersatz, you and Karl are making a big mistake by interpreting ‘malice’ in a common language way, rather than the legal definition. The supreme court defined ‘actual malice’ in the context of libel against a public figure as stating a defamatory falsehood “with knowledge that it was false or with reckless disregard of whether it was false or not.”
All the stuff in the lawsuit about Billy gloating and/or being mean to Karl in no way proves this and is probably just going to make the pre-trial judge upset over their time being wasted. I think that there is a decent chance that the case will not even make it to court, and be dismissed in pre-trial based on the complaint not even attempting to address the legal requirement of proving actual malice.
Self-representation plus misunderstanding the law is also not at all a good look, especially as the claimant. And it’s not the job of the pre-trial judge to salvage a case from a complaint that doesn’t address the actual law in an appropriate manner.
Even if the case would proceed, I think that most of the claims will be dismissed as merely being opinions, rather than objective falsehoods. The statement that Karl defrauded his donors does not have to be interpreted as a claim that he could be convicted in court on that charge. People are allowed to have their own definitions of words, especially for things that are inherently rather vague, like what constitutes fraud. Since no actual court case has happened on the fraud issue, the court is also likely to not classify fraud claims as being a clear falsehood if there is even a whiff of evidence that can be interpreted as potential fraud, even if they would use the legal definition of fraud as the standard. And apparently there are plenty of people that did feel misled by how Karl reported on the previous case, so it won’t be hard for Billy to provide evidence to that effect.
Finally, we have the accusation about the illegal activity during and around the bankruptcy. The issue here is that nearly all of the evidence consists of Billy referring to publications by others and the logical response by a judge or the defense is going to be to ask why Karl didn’t sue those other people. Billy didn’t say that the other people’s statements were correct, so his defense can be that he was just signal-boosting that stuff to get the opinion of others, encourage more research into these allegations, etc.
Only one tweet consists of an actually accusation by Billy himself, but because of how vague it is, it’s going to be hard to pin Billy down on a clear falsehood. If he had claimed something specific like Karl moving assets to his wife, then Karl would have the opportunity to prove that this specific allegation cannot be believed in good faith by a reasonable person in Billy’s position, but now Billy can just throw out vague reasons for his statement that can sound believable to a reasonable person, but that cannot be proven or disproven.
Don’t KiwiFarmers ever get bored of pretending to understand law? Y’all are gonna have to accept Billy partied a lil too hard.
I’m not sure that hallucinating in a worse way than LLMs is doing your argument any favors. I’ve never been part of Kiwi Farms.
But I guess that if you are stuck in a black and white mindset, then anyone who doesn’t agree with you, must be part of whatever boogieman you happen to be obsessed with.
Howdy! So you do make a good point, “actual malice” is a legally definable thing, and I was taking it casually. Like “Woah! This looks pretty malicious if you ask me!” I’m gonna leave what I wrote, but you’re right, that I need to do better in that regard.
That said, you seem to immediatley forget your own advice:
> based on the complaint not even attempting to address the legal requirement of proving actual malice.
Like you say, the “actual malice” standard for a public figure comes down to known falsity, or reckless disregard for the truth.
From Count I:
> Mitchell made these statements with knowledge of their falsity or with reckless disregard for the truth.
From Count II:
> Mitchell made these statements with knowledge of their falsity or with reckless disregard for the truth.
From Count III:
> Mitchell made these statements…
Okay, do I really need to go on? The filing very much addresses it. And so much of the evidence is centered around demonstrating knowledge of falsity and/or reckless disregard for the truth.
Like, there’s just no way you could either read the filing itself or my write-up and not be immediately faced with how much of it is attempting to establish this actual malice standard.
This also addresses your question, “Why didn’t Karl sue these other people alleging illegal bankruptcy activity?” Well, because he couldn’t really establish knowledge of falsity with randos on the Internet, could he? Karl can with Billy, because Billy’s in a position of authority, and receives direct updates with the trustee and has an open line of communication.
I don’t buy the argument that Billy’s talk is figurative, especially given how he emphasizes that people should go to jail for the conduct he describes. But hey, I guess we’ll see.
> Like, there’s just no way you could either read the filing itself or my write-up and not be immediately faced with how much of it is attempting to establish this actual malice standard.
Literally all but one of the references to malice in your write-up use the incorrect definition of malice, while the other reference is a statement that malice has to be proven in court. But you never state that this legal requirement is different from how you use the word elsewhere, which is extremely deceptive. I think that a reasonable reader with no legal knowledge will assume that you have proven or at least attempted to prove that the legal requirement is met, when you did nothing of the sort.
I also think that it is strange to deflect criticism of your writing by telling someone to read the source document instead. Especially since you claim to be a journalist. Don’t you consider it your duty to accurately inform the audience without requiring them to investigate for themselves?
But I went to read the complaint and a problem that I notice is that it keeps making extremely questionable assumptions, and the claim of actual malice often evaporates if the assumption is not considered to be true.
For example, for point 41, the words “He deceptively took $500,000 from you” are interpreted to be a claim that Karl received money from people, but did not pass it on. However, Billy’s statement can just as easily be interpreted as a claim merely about the communication for the initial fundraising, not about the destination of the money. BTW, this kind of stuff is why you pay a lawyer, to have an unbiased view at the evidence.
So all Billy then has to do is argue that he found the communication around the fundraiser to be deceptive in a way that is not obviously false. For example, the Gofundme claims that Billy “continues to use the legal system as a weapon against those who speak out against him.” So if he merely argues that this sentence is false, since none of his cases were dismissed under anti-SLAPP laws, he will most likely already defeat a claim of actual malice, by arguing that he honestly believes that people were encouraged to donate based on a falsehood and thus deceived.
> This also addresses your question, “Why didn’t Karl sue these other people alleging illegal bankruptcy activity?” Well, because he couldn’t really establish knowledge of falsity with randos on the Internet, could he?
But then why include it in the complaint and try to use it against Billy, when it was a rando that is not part of the case? There is simply no way that a judge or jury in the US are going to hold someone accountable for linking to the words of someone else, with a vague statement about it.
> I don’t buy the argument that Billy’s talk is figurative, especially given how he emphasizes that people should go to jail for the conduct he describes.
I never made that argument. My point was that Billy never actually described the exact conduct that he thinks that Karl should go to jail for, so Billy has leeway to pick a reason that is the hardest for Karl to prove actual malice for.
You are massively overstating things. What people need to understand is that Karl needs to demonstrate either knowledge of falsity or reckless disregard for the truth. I emphasized that exact thing many times.
Nowhere did I say “It’s your fault if you didn’t read the filing.” Not even close. I did point out that, if your arguments were taken with a modicum of good faith, it would seem you didn’t read EITHER the filing or my overview of it. But given you’re standing in a field full of strawmen, I don’t assume good faith.
EDIT: And before you misrepresent my words again, when I said “The filing very much addresses it”, that’s me countering your claim that the filing is somehow deficient in that regard, not me saying “Well, you shoulda read the filing and not just my write-up”. Filing covers it. Write-up covers it. Non-issue.
What you’re saying about the $500,000 claim neglects the other money sources that refers to. But even limiting to Karl’s personal GoFundMe, and the communication around it, I think you’ll find Billy will have a hard time proving Karl was deceptive with that fundraiser, because Karl was not.
> I think you’ll find Billy will have a hard time proving Karl was deceptive with that fundraiser, because Karl was not.
The standard of libel requires that the statement be a factual claim, not an opinion, which this is, so actual malice probably never even comes to play for this point.
It will probably also fail the damages component, because this doesn’t appear to be a statement that falls under the ‘defamation per se’ exceptions, so damages will have to be proven.
But my point was not so much about the chance of victory on this count, but about the bad reasoning for actual malice in the complaint and your write-up.
In the complaint, Karl argues that Billy’s statements are malicious because it is factually incorrect that Karl kept the money for himself and that Billy knew that this was incorrect. The problem with this reasoning is that the statements of Billy that are quoted in point 42 don’t actually include a claim that Karl did keep the money for himself. Karl seems to assume that this was meant, but cannot seem to prove this. So all that Billy’s lawyer has to argue is that ‘actual malice’ was at most proven for a statement that Billy never made, but not for the statement that he did make.
The complaint does the same thing for point 52 where Billy’s tweet is interpreted way beyond what is actually written.
This suggests that Karl is not so much trying to litigate specific statements by Billy, but rather, that Karl has formed a belief about what Billy thinks and is trying to litigate those views. However, this is not at all how libel laws are applied. Even if they were, Karl would still be doing a bad job, since Karl seems to believe that retweeting statements by others somehow means that these statements can be attributed to the person who retweets.
At the end of the day, it all boils down to Karl having to prove actual malice for specific statements made by Billy, not imaginary statements that consist of reading between the lines.
I don’t think EC is making that mistake at all they call out the high standard more or less from the get go.
Likewise I don’t know why on earth you don’t think it is addressed. Karl goes into detail on each count:
1. Billy made accusations that Karl committed Bankruptcy fraud. The Trustee for that bankruptcy told him “there is no fraud we are aware of” and asked for him to provide evidence. Rather than do so, he just repeated the claim. That’s evidence of either knowing falsity or reckless disregard, because he’d been told by the person best equipped to know that it was false and he had no other reason to think it was true.
2. This is the weakest of the bunch, but in summary Billy knew that he’d sent a second lawsuit threat to Karl, making what Karl posted on the gofundme strictly true. Calling it a scam when you know it was true is dishonest. This one I personally expect to get tossed, but I see the argument and could be wrong.
3. Billy was *sitting in court* when David Race said under oath that he received the full amount from the 2021 gofundme. Despite this, he went on to claim that Karl ‘scammed’ people in taking that money. Billy knows with certainty that this is false. Easy win for Karl.
4. Billy claims that Notch got scammed. He did this *while Notch was publicly supporting Karl even though everyone was dogpiling him after the loss*. Billy knows this isn’t true or should know it isn’t true. Easy win.
5. All of the above.
As to your latter points:
1. They aren’t opinions. “I think so and so is an asshole” is an opinion. “Karl Jobst has engaged in serious illegal activity before and during this bankruptcy process” is defamation. That isn’t an opinion, it is a statement of fact that Karl knows is incorrect.
“If I did that I’d be in jail” is not an opinion, it is a statement that Karl committed a crime.
“He actually scammed his viewers out of more than $500,000.” is not an opinion, it is a false statement of fact.
2. As I posted above, Billy unequivocally stated that Karl committed bankruptcy fraud. The fact that others echoed his words or made similar accusations doesn’t matter. You are not required to sue everyone who lies about you, particularly when Billy is by far the worst offender.
3. None of this is ‘vague’. Directly accusing someone of fraud when you know you’re lying is textbook defamation.
@Adam
I do think that the bankruptcy fraud claim is the strongest one that Karl has. The relevant tweet is written in a legalese manner and seems intended to be perceived as reliable, not just banter. Billy apparently was notified of the status of the bankruptcy proceedings and could ask things from the trustee. The claim also is likely to be considered defamation per se.
Note that I never denied any of these. What I said was that Karl’s case on this point is entirely dependent on Billy not being able to make a somewhat decent case for a form of bankruptcy fraud that Karl cannot prove actual malice for, because Billy was vague in what his accusation of bankruptcy fraud entails, so he has leeway. For example, Billy could make the case that he believes that Karl structured his finances from the get-go to put assets in his wife’s name and that the trustee would only be looking for bankruptcy fraud that happens in response to the court case being filed, but not for pro-active bankruptcy fraud. Or he could claim that Karl was hiding assets from the trustee, who then would be unaware of these assets and thus the fraud. Or some better argument that an actual fraud expert could come up with. If the trustee could not dispel these beliefs that are held by Billy, he might not be considered guilty of actual malice, since he did not have reliable evidence that this belief was false.
My point was that Karl is basically gambling on Billy not being able to have an argument like that being believed by the court, under standards of ‘actual malice’ that are probably quite lenient with regards to the quality of the argument and/or evidence. I would personally not be inclined to sue for libel with this kind of uncertainty and think that the perception by some that it will be a slam-dunk victory on this count is overly optimistic.
Note that I’m also not saying that Karl will lose on this point either.
> Despite this, he went on to claim that Karl ‘scammed’ people in taking that money. Billy knows with certainty that this is false. Easy win for Karl.
As I said to Ersatz, the interpretation that Billy meant ‘you scammed people by permanently keeping the money for yourself’ is not actually the only interpretation of what Billy said. It can also be interpreted as: ‘you scammed people by deceiving them on why they should donate, so you took money from people under false pretenses and whatever you did with that money is not actually relevant to whether a scam happened.’ Or Billy can claim that Karl was using the money temporarily for his own benefit, like as collateral for a loan or a scheme like that.
Under either of these interpretations of Billy’s words, it doesn’t matter whether David Race received the money.
> Billy claims that Notch got scammed. He did this *while Notch was publicly supporting Karl even though everyone was dogpiling him after the loss*.
Yet Billy never claimed that Notch felt that he was scammed, but that he was scammed. This distinction is very important and means that Billy can simply claim that Notch is in denial. He can refer to the psychological mechanism of choice-supportive bias aka post-purchase rationalization. You are probably more familiar with the sunken cost fallacy, which is one possible consequence of this mechanism, where people keep investing because they refuse to accept that their earlier decision was wrong.
> They aren’t opinions.
Karl accuses Billy of libel for calling him deceptive, but there is no objective standard for when that word is applicable, so it is an opinion.
Similarly, what is considered scam or not is also very subjective and thus an opinion. Is it a scam when McDonalds advertises with pictures of a burger that look very different from what you get in the store? Legally they stay close enough to reality to avoid being sued successfully, but you are free to have your own opinion on whether it is a scam or not.
It is generally very easy to find something that can be used as an argument for why something is deceptive. Information being left out, extremely debatable/subjective claims being used, etc. I already gave one example where the gofundme used a claim that Billy can argue is false and thus deceptive, due to Billy never having been SLAPPed down.
Note that you are making it seem that I am referring to the bankruptcy claim as an opinion, but I never said that.
> None of this is ‘vague’. Directly accusing someone of fraud when you know you’re lying is textbook defamation.
The vagueness is in the lack of specificity of what this alleged fraud actually consisted of and when it happened. Can you agree that this statement: ‘You committed fraud’ is way more vague than this statement: ‘You committed fraud by refusing to disclosed to the trustee during a meeting on date D that you own a collectors item worth $100k’?
It is that kind of vagueness that gives Billy room to try to wiggle out of a libel conviction, by creating a narrative that works best for him, where a lawyer helps his craft that narrative. Why are you so confident that this is not possible?
It took me some time, but after reading the complaint (again) and doing some research, I believe your arguments are fundamentally flawed.
Just like you, I originally shared the belief that Karl had to cite legal theory on his complaint. But then I came through a US Supreme Court decision (Jonson v. City of Shelby. Here’s the link: https://supreme.justia.com/cases/federal/us/574/13-1318/case.pdf) that a plaintiff “must plead facts sufficient to show that [the plaintiff’s] claim has substantive plausibility”, and by just stating “factual basis for their complaint”, a plaintiff is “required to do no more to stave off threshold dismissal for want of an adequate statement of their claim”. If you search online about this case, like I originally did, most legal firms would make the conclusion that “What matters is not the legal theory, but the underlying facts and providing defendants with the factual basis for plaintiff’s complaint”. I took this last excerpt from a blog by “antitrust boutique” legal firm BONALAW – ANTITRUST & COMPETITION (link: https://www.bonalaw.com/insights/legal-resources/us-supreme-court-issues-plaintiff-friendly-pleading-decision-in-johnson-v-city-of-shelby). I can understand your argument that ersatz_cats is being a bit too loose with the legal definion of “malice” (this is a similar argument that “Moon Channel” made to Karl when he made his embezzlement claims about Jirad and the Open Hand Foundation), but Karl is ironically not hold to that standard at least when writing his own complaint.
With that out of the way, I also believe you’re misinterpreting most of the “defamation per se” claims by omitting the many instances that Karl communicated with Billy through official (legal) channels, which Billy then seemed to have disregarded when making his statements at the end of last year:
– Karl’s lawyers shared the factual reasoning behind the GoFundMe. Billy was still within the statute of limitation to file a new defamation lawsuit against Karl and, fearing that the ordeal could burden his family (as stated on the GoFundMe and the video that compound “the communication for the initial fundraising”), created a GoFundMe to pay for his “Legal Defence Fund”. Even with this response by Karl’s lawyers, he essentially ignored them and made the claim that Karl had “the knowledge and intent to fund the lawsuit on false premises” and then claim that Karl “SCAMMED $200,000” out of his audience. I find it weird that although you do cite specific points from the complaint, here you are trying to argue that this had something to do with Karl “deceiving his audience” (by his own admission) on the contents of the Apollo lawsuit that Billy filled to the Queensland court, when Billy wasn’t even referencing this when he made his first claim in particular.
– The bankruptcy trustee investigated Karl when Billy claimed that Karl “engaged in serious illegal activity” and couldn’t find anything that proved Karl’s was engaging in “serious ilegal activity”. Billy’s hasn’t clarified to the bankruptcy trustee why he made this claim and yet to this day, he makes public comparisons that Karl “claming that he’s not getting any money” is like “somebody evading taxes”. What factual argument can you give to explain that what Billy said wasn’t defamatory in nature?
– Talking about Point 42 in particular, Exhibit 30 shows the GoFundMe description, which states that “Any money raised will be used to support David Race”. Exibit 31 shows a “proceeding transcription” from the Apollo court trial (in which Billy Mitchell was physically present), in which David Race stated that Jobst indeed gave him “most of the money” from the $50,000 GoFundMe. Yet Billy then stated on a livestream that Karl “deceptively took” the money. If the money went to it’s stated purpose and Billy was aware of this, what factual argument can you give to explain that what Billy said wasn’t defamatory in nature?
– Speaking about Notch, although I can understand your argument about Point 52, if you don’t personally believe that Notch wasn’t being deceived by Karl based on the correspondence shared on Exhibit 33 and 34 and the tweet shown in Exhibit 35, as mentioned on Points 48, 49 and 51, wouldn’t you find it likely that Notch be asked to testify as a witness and clarify that no, Karl didn’t “deceptively took” $300,000 from him, as Mitchell publicly claims. He was in fact the one who first offered to help Karl, unprompted, back before the Apollo lawsuit was even filled, as described on Point 47.
– And although you didn’t made any comments on this, I find the last claims of “unauthorized appropiaton of name or likeness” and the “intentiona infliction of emotional distress” to be factual in nature, from what the complaint has described, even if I have my own personal opinions about the last claim as seen on the comments in this post.
Without properly elaborating on your claims, I can only treat your comments as opinions, which includes your comments that the first five claims “doesn’t appear to be a statement that falls under the ‘defamation per se’ exceptions”, that there’s “bad reasoning for actual malice in the complaint”, that “Karl has formed a belief about what Billy thinks and is trying to litigate those views.”, among others. Also, I find your argument hilarious that Billy can argue that he can’t be accused of defamation because “none of his cases were dismissed under anti-SLAPP laws” or that his comments on the GoFundMe fundraisers are not defamatory because “no actual court case has happened on the fraud issue”. If Karl’s lawyers tried to use a similar strategy in court to defend him from the statements he made about the settlement between Apollo and Billy, I’m pretty sure any judge would have laughed them all out of court lmfao.
I’m going to ignore some points that I already addressed in responses to others.
> Karl’s lawyers shared the factual reasoning behind the GoFundMe.
Why should Billy automatically believe his enemy? Why should a judge believe Karl or his lawyers over Billy and his lawyers?
> Even with this response by Karl’s lawyers, he essentially ignored them and made the claim that Karl had “the knowledge and intent to fund the lawsuit on false premises” and then claim that Karl “SCAMMED $200,000” out of his audience.
Nowhere in the complain is there an actual quote by Billy of what these “false premises” consists of or how people were “SCAMMED.”
This is an issue I have with most of the complaint. Karl keeps stating that Billy made certain claims, but in many cases there is not actually a quote attributed to Billy actually stating those things. Instead, Billy is quoted as writing or saying something far more generic, and then Karl seems to interpret that in a very specific way and then tries to prove actual malice for that specific interpretation.
But then Billy can claim that this reasoning and evidence for actual malice is irrelevant, by saying that he meant his words differently, and that Karl is interpreting his words in a biased way.
> I find it weird that although you do cite specific points from the complaint, here you are trying to argue that this had something to do with Karl “deceiving his audience” (by his own admission) on the contents of the Apollo lawsuit that Billy filled to the Queensland court, when Billy wasn’t even referencing this when he made his first claim in particular.
I have no idea why you think that I made any specific claims whatsoever about the Apollo lawsuit. He was not part of the GoFundMe that I talked about.
I decided to address the details of just one of the GoFundMe accusations in my comment(s), both to prevent confusion and limit the scope of my comment.
> Talking about Point 42 in particular, Exhibit 30 shows the GoFundMe description, which states that “Any money raised will be used to support David Race”.
And the complaint shows no evidence that Billy was referring to that (part of the) description when he made the claim that the GoFundMe was deceptive. Again, the very same pattern where Karl attributes statements to Billy, but never actually gives any evidence that Billy made those statements.
> And although you didn’t made any comments on this, I find the last claims of “unauthorized appropriation of name or likeness” and the “intentiona infliction of emotional distress” to be factual in nature
My understanding is that the “unauthorized appropriation of name or likeness” laws are fairly limited in scope and essentially require one to use the name or likeness on the product itself or directly claim or imply that the person approves of the product. Disparaging discount codes and advertising won’t satisfy either of those requirements. In fact, the more disparaging, the stronger the case that there won’t be any confusion about the person approving the product.
> Also, I find your argument hilarious that Billy can argue that he can’t be accused of defamation because “none of his cases were dismissed under anti-SLAPP laws”
I understand that you find it hilarious, because you appear to completely misunderstand my claim. I never said that Billy can’t be accused for defamation in general due to this, I said that a strong case can be made that a statement in the earlier GoFundMe lacks strong evidence and that a reasonable person can consider it a lie and therefor consider that GoFundMe to be deceptive.
It’s very convenient from you that you don’t acknowledge what I told you about legal theory and the redaction of a plaintiff’s complaint based on a Supreme Cout decision I shared with you (seeing that you brought the Supreme Court right on the 1st paragraph of your original post), under the excuse that you have “already addressed” those points “in response to others”. Let me remind you, what I shared to you directly refutes the 2nd, 3rd and part of the 4th paragraph of your original post, as well as many of the arguments that you have already made through this comment section. Even then, that clearly didn’t limit you trying to now make an argument about the “fairly limited” scope of the unauthorized appropriation of name or likeness “law” or continue your whole shtick with the “proper definition”, “legal definitions” or “[legal] standard” of “actual malice”, “deceptive”, “fraud”, etc.
It’s especially funny when Karl has to be held under your extremely strict definition of words to directly undermine the validity of the facts explained (especially when discussing a bloody complaint of all things), but then you act vague / play dumb with whatever Billy Mitchell meant on his communication that’s directly mentioned on this complaint, no matter if it’s his Twitter Account, the YouTube videos published on his channel, his statements made on livestreams (of which there’s many clips on this same blog that you’re clearly ignoring), his personal emails, his legal communication with Karl’s lawyers, etc.
Just to make it clear before I disengage with this pointless discussion, unlike you, I’m not pretending to be a lawyer and discussing what the best strategy to win the lawsuit is going to be for Karl or Billy’s lawyers as if this is a soccer match (especially seeing that you love to move the goalpoast every chance you can!). I’m only focusing on the validity of the complaint. Yes, there’s always a chance that the clerk can dismiss this complaint for any valid reason. With that said, considering the facts (and ignoring your warped sense of reality), I believe there’s a good argument that this complaint may go through.
I would love to say that whatever future word salad that comes out of your account could be compared with the hallucinations of an LLM. But an LLM would have apologized or at least acknowledge the very same Supreme Court decision that I shared with you. You instead ignored what I told you, so I’m more inclined to believe that you’re just acting dense at this point.
I ignored the reference to the supreme court ruling, because it didn’t seem relevant, not because it is ‘convenient’. My claim is that Karl can probably not meet the legal requirements for proving actual malice for most of his points. That is very different from the supreme court ruling, where they argued that if the legal requirements are met, but the plaintiff(s) did not appeal to the law correctly, the judge should still apply the law because the legal requirements are met.
But that last part is exactly what I am questioning, not whether Karl wrote it down correctly. So the supreme court ruling is not applicable to my reasoning.
> Even then, that clearly didn’t limit you trying to now make an argument about the “fairly limited” scope of the unauthorized appropriation of name or likeness “law”
Frankly, I am now questioning whether you are capable of being argued with in any capacity, because you seem to think that this supreme court ruling that you apparently fell in love with, proves anything you want it to prove.
Whether the law disallows the use of someone’s name as a discount code without permission is again not a matter of appealing to the correct legal theory, but rather me questioning whether there is any legal theory that disallows such a thing.
> but then you act vague / play dumb with whatever Billy Mitchell meant on his communication that’s directly mentioned on this complaint, no matter if it’s his Twitter Account, the YouTube videos published on his channel, his statements made on livestreams (of which there’s many clips on this same blog that you’re clearly ignoring), his personal emails, his legal communication with Karl’s lawyers
So if I understand you correctly, you are admitting that the actual evidence is missing from the complaint itself, but are claiming that this evidence is available somewhere else, yet Karl nor you are somehow actually capable of quoting that actual evidence.
I should just ‘trust you, bro’?
And do you really think that the pre-trial lawyer will make the anti-SLAPP judgement based on a wild goose chase?
> I’m only focusing on the validity of the complaint.
So am I, but when I do it, you accuse me of pretending to be a lawyer. Very hypocritical. Clearly, you claim rights for yourself that you want to deny to others.
@Aapje Yeah dude, keep attributing me words and statements that I never said, keep attributing new meaning to a supreme court decision with an argument taken straight out of your ass just so you can continue with your parroting, and keep acting like a deceiving cunt with your “legal requirements”, “legal theory” and that the complaint has no “actual evidence”, as if you don’t understand what you’re reading. At least your mask is now full off and people can realize that you’re just a troll wasting people’s time off. Fuck off.
> At least your mask is now full off
Yes, the mask is off in that I keep using arguments while you resort to name-calling.
I saw a LegalBytes video in my recommanded section on YT (I think I watched one video from him and didn’t like it at all) about Karl sueing Billy and immediately came here to see if that was correct. Because, you know, clickbait.
Looks like we are.
Ugh. I wish Karl good luck. I really hope he wins this time around and teach Billy a lesson and make him shut the fuck up once and for all.
Good coverage, Cats!
So, in a way, Billy made the same mistake Karl had done before — not knowing when to shut up.
Good luck, Karl. Please don’t fumble this time.
The parallels between GBF and Trump and mounting…
They BOTH…
-> “hate evidence”
-> create and employ MEMEs to ridicule their opponent(s)
-> tell the media AND the courts lies as naturally and frequently as everyone else breathes air
-> view themselves as being above the law
-> live in Florida
-> have a current wife and multiple kids across multiple marriages
-> immediately sue anyone who they perceived either wronged or slighted them for the slightest reason
-> LIE (yes, LIE) about one or more of their claimed accomplishments
-> have a son which assists in spreading their BS claims across social media and in other venues
Anxious to see how this new legal entanglement plays itself out.
With all due respect, Cats, this is a terrible idea. I hope it turns out okay.
I hate, hate, hate this
I really hope karl decides to just drop the lawsuit. I do not want to see him lose again. he couldn’t even win with a lawyer and he’s representing himself here. is he out of his goddamn mind? what does he THINK he will happen? billy’s laywer will clap his ass like bongos. Oh this is so sad… why…
I feel like you’re being extremely presumptuous here. Just because he lost before doesn’t guarantee a lose here. I think the case is quite strong and Karl has learned his lesson from his previous mistakes. I really don’t see how Billy is going to “clap his ass like bongos.” I feel like people like you should stop making blind assumptions and look at the facts.
I just read the entire complaint as well as your article. I get the impression the first 5 complaints are pretty strong on their own. I agree with you that there should be more case law examples not only for the last 2 claims, but even for all the “defamation per se” claims as well, if he wants to have a better chance at getting a favourable outcome from all of this.
It just feels so weird that, after years of Karl running his mouth with claims along the lines of “people who pursue legal litigation are the worst” and all the Billy Mitchell videos he made over the years, its pretty jarring to see that he filed a lawsuit against Mitchell and having one of his claims being about all the “emotional distress” he suffered from him (I know he’s making the claim in relation to the first six claims, but in isolation and/or out of context, the claim is kinda baffling). It’s especially ironic when I see point 75 about Mitchell’s “statements attacking Jobst’s character and personal circumstances, and portraying him in a humiliating and demeaning manner before a public audience” even though you can say the same thing about Karl comments on Billy’s “mistress”, Karl’s comments about Billy’s current wife owning the house Billy lives in (in response to Billy’s mocking Karl about the same thing), and just the sheer quantity of Billy Mitchell related videos from Karl Jobst, especially after the start of the Apollo Legend lawsuit.
I do have to wonder what’s Karl end goal with all of this. What kind of settlement and/or monetary compensation would Karl want to get from this? Even if he somehow gets what he wants, how does Karl expect this lawsuit to help fix his reputation, when he already admitted to things that also had a pronounced negative effect on his reputation, like him admitting on video (twice!) that he “deceived his audience about the contents of [the Apollo Legend defamation lawsuit]” or that he indeed defamed Billy by speculating about his settlement with Apollo Legend? Also, why ask for a jury trial when there’s a real possibility that he gets a mistrial (a.k.a. Billy wins) because of a hung jury outcome (pretty ironic coming from the state that allows the death sentence on non-unanimous decisions for criminal cases), especially when there’s a real chance that Karl will represent himself after he declared bankruptcy? Also, now that Karl set precedent by filling a lawsuit against Mitchell, does that mean that he may file a lawsuit against The Completionist if Jirard once again spread lies about Karl instead of making yet another 4 hour video trying to debunk his lies?
Still, I wish the best for Karl in his lawsuit, even if there’s a real chance that his YouTube video output and his audience numbers will almost certainly dwindle from this.
I’ll also post this reply to clarify that, from what Karl posted on his Discord, he will “seek counsel when possible” for this new lawsuit (but from what I understood, he will not do so at the time). That’s at least somewhat assuring. ersatz_cats definitely gave me the impression that Karl would have represented himself all the way to trial. It might be a good idea to add an update to this article!
I’m seeing a lot of people ask about that, so I did add an edit remark as you suggested. Thank you!
So just a small heads up. You say:
“The filing is light on statute citations and case law, including only two references justifying jurisdiction. Usually, when covering legal briefs, those citations are what I follow to gauge the validity of legal arguments. In this case, I’ll have to leave it to the professional commentators.”
In SD Florida, its actually extremely unusual to include any case law in the complaint. A complaint is meant to be short, sweet and to the point and ideally be written in a way that even a layman can understand it. It is essentially a way for you to tell the court “Hey, this guy screwed me over, here is why you should listen, here are the facts, here are the violations and here is what I’m asking for.
A lot of people (not necessarily you) seem to think that because this isn’t stuffed with legal jargon that it is a screw up on Karl’s part, but it is completely normal. For example, the recent Trump v. Murdoch, filed in the same jurisdiction, has zero case law citations and looks functionally identical to Karl’s complaint.
Thank you! That’s good to know. I certainly wasn’t assuming the filing was deficient. Karl’s obviously done his research. I just prefer to follow citations so I’m not guessing what law applies.
This discussion seems a little light on lawyers, so let me just clear up one thing: there is nothing unusual about a COMPLAINT not including case law lol. The U.S. is a “notice pleading” system — the documents that form the basis for a lawsuit (the complaint and the defendant’s answer) need only include such details as to give the other party notice of the claims (or defenses) upon which you intend to rely at trial. General statements of facts are included to establish jurisdiction and the essential elements of the stated claim(s). So if you allege negligence, say, you need to allege the existence of facts upon which you could be granted relief (that is, if the fact finder agrees with you). It is NOT a document that argues a legal claim or seeks to prove any facts. Billy’s first move will be to move to dismiss the case — and there the question is “does the complaint allege facts that, IF PROVEN TO BE TRUE, would be legally sufficient to make out the legal claim of relief?
Other jurisdictions do things differently — Continental systems require that the complaint allege all facts you will seek to establish, a much higher burden for that stage of the case. Jobst is on extremely solid ground for the initial stage of the case — Mitchell is very unlikely to succeed in getting the case dismissed in motion practice. Which raises the value of the case substantially, which Mitchell’s insurer is well aware of.
I don’t think its really a problem in this case. What is good for the goose is good for the gander.
If we’re being real, the Australia suit wasn’t about Apollo, it was about shutting Karl up for humiliating Billy. They used the Apollo comments as a way to make the attack, but the underlying behavior was the same thing Billy does time and time again. Sue someone for pissing him off.
You see the same thing when Billy sued David Race. Billy wasn’t hurt because David recorded him, he was pissed off that he’d been ‘betrayed’ and he looked for a way to attack David, and thought he found one when he spotted the call issue.
If Karl were suing him out of the blue I think that would be bad. But Billy has spent his entire adult life weaponizing the legal system against people the moment he thinks he has a justification to do so. He *severely* fucked up Karl’s life with the lawsuit and he got away with it. Until now.
This lawsuit is Karl hitting Billy with his own bad behavior. Billy *absolutely* screwed up by making accusations of fraud, just like Karl screwed up with his statements about Apollo, and this gives Karl the opportunity to return the favor.
To be quite honest, I’m sort of baffled about your comments regarding the motional distress though. Of all the claims, I think that one is honestly pretty legitimate. Billy put Karl’s life through hell and has spent the better part of the last year publicly humiliating him while ruining his finances and calling him a fraud. I imagine this is *incredibly* stressful for Karl. He can’t sue over the lost lawsuit directly, but doing it by proxy is the exact sort of shit Billy pulled in the first place. I’m happy to see him hitting back.
Were you supposed to actually answer to my comment? Kinda reads like it. Anyways, I’m totally aware about the whole Silly Bitchell saga. I’m already aware of all of his legal ordeals.
Let me be honest with you. To this day, I still like Karl videos. I donated to his own GoFundMe and I never bought that BS claim that Karl “mislead” me about the contents of the fundraiser. I can also understand why Karl filed this lawsuit in the first place and I hope the best for him.
But even though you’re free to have your own opinion about this, I cannot understand why Karl, who made public comments that he wanted to finally move on from the Apollo lawsuit and get back into making videos full-time (which I would have prefered), went back and got himself into yet another lengthy legal battle against Mitchell. I really believe that him engaging with this lawsuit will bring more harm than good (I would love to be proven wrong!), seeing that Mitchell is a litigious and lying bitch who can’t shut his mouth and I’m pretty sure Billy will find something to “hit back” Karl.
But most importantly, if Karl’s intent to sue was just focused on “hitting back” Billy “with his own behavior” like you claim, then in that instance, not only would I think that Karl is not that different from Billy (at least in regards to how the latter always get himself into stupid legal ordeals), but (I hate to say this) it would also drive me to believe that Karl would be a bit of an asshole for thinking of himself as some sort of a “knight in a shining armor”, like the clueless judge Ken Barlow once said. By that point, I might just follow this less as a follower and sympathiser of Karl Jobst and more out of morbid curiosity and/or as way to keep procrastinating instead of focusing on more important things in my life.
From reading the complaint though, I really like to believe that’s not the case, seeing also that Karl stated that he won’t publicly comment on this until the case is over. Let’s hope he actually follows through on that, seeing that he said a similar thing back when the Apollo case started!
I am conflicted on this.
Initially I thought it was a hoax, then came here to see if it was being talked about and kinda surprised you’d already smashed out an article.
On the one hand, what you’ve said makes sense, certainly as it relates to GBF’s accusations of criminality, but on the other the smug cheating lying bastard doesn’t need another W, and nobody can be certain of how this is going to play out. Especially in Florida of all places!
I hope Karl gets something out of this. It would be amusing if he got the hot sauce.
I feel like the notch stuff is very weak, even if Billy knows why Notch wanted to donate to Karl, he can still have the opinion that Notch was deceived by Karl, that is not enough for defamation, heck that is not even necessarily a bad thing for Karl.
For the name and likeness, I’m pretty sure that is just also dead in the water. Maybe the picture went too far? but Ive seen worse for other public figures so I would guess not. And the name as discount code is just a nothing burger.
The bankruptcy might be the strongest one, as billy being one of the guys who needed money from that, should probably have more knowledge about what Karl was doing, though that depends when billy knew that information, if he learned about it later then I don’t think the claim is enough for defamation (I’m not blindly believing karl on when billy knew things).
Of the other counts:
II – maybe if the word fraudulently was too strong? I mean a lot of people felt deceived by karl after the judgment so I don’t think its bad to say that at least one person who donated to that felt betrayed.
III – I don’t think billy ever said directly that the first gofund was fraud/scam, even when he was adding up all the money Karl gained through the gofunds and notch he did remove 50k (for rounding, but still) so I think this is also weak. I don’t think calling someone deceptive is enough for defamation.
V – just falls cause I don’t think IV has any merit, and III seems weak.
VII – From what I heard from lawyers commenting on this, it is just way too hard for Karl to prove it in florida.
Also, what loss did Karl get from any of those statements? pretty sure his views didn’t drop, and his reputation took damage from people not knowing the lawsuit was about stuff other than cheating and because he lost the lawsuit. I really doubt Billy’s victory lap did any damage, and that Karl can even prove that.
I think people are overestimating how much weight “A lot of people feel misled by Karl” will have with regard to the GoFundMe claim in court. First, that’s not really how courts work. Also, people are never able to point to an untrue statement Karl ever made to that end. They just didn’t follow the case at all, which is fine, but of course folks didn’t know what was happening when they didn’t follow the case. Those of us who did follow, or who read my updates, knew all along, so the information wasn’t exactly hidden.
Billy was definitely including the David fundraiser in the total, even if the figure from that GFM happens to match the amount he rounded off in the end. Remember, he cites Notch as $300k and Karl’s GFM as $200k, then emphasizes repeatedly that Karl took “over half a million dollars” through some sort of deception. I don’t think Billy will get away claiming the David amount constituted the rounding error.
As I outlined in the write-up, “defamation per se” means Karl will not have to prove damages.
My main concern with “A lot of people feel misled by Karl” is that this started before Billy’s victory lap, so it should mean Karls reputation (around the gofundme) is bad before Billy’s comment? but I guess that might not matter as much as Im thinking of it, so fair enough it probably wont affect much.
As for david I was mostly talking about the quote on your post:
“Publicly, that’s publicly, he had $50,000 in one GoFundMe, 55 I think. And $200,000 in another GoFundMe. […]”
Which seems to be the only time he talked about those 50k directly in public and he only used “deceptivly” as a possible defamation statement, but he should have known better I guess.
Also, always thought that any defamation needed to show damages (even if only reputational ones).
Good write up
Thank you! Yeah, “defamation per se” is a new one to me as well.
I think a lot of people are sleeping on Karl’s chances here. I wouldn’t expect every count to get past anti-SLAPP, just because a clean sweep is a high bar. But I think most will. And then following depositions (which we know Billy is not good at), it’ll become a question for the jury, and we know what they’ll see.
I would Absolutely love for you to do another full breakdown vid on YouTube Ersatz! Watching your other Mitchell scandal breakdowns is very therapeutic!
Haha, thank you! Every so often I rewatch Music City Con again myself. I would love to make a couple more videos on this stuff, after I catch up on writing (when I’m not busy with unrelated life stuff, or heaven forbid, actual gaming).
There’s almost enough for another update – that didn’t take long lol! No immediate hurry on it, but for folks checking this blog, I felt it worth clarifying one thing. Karl moved for the court to allow him to submit subsequent filings electronically, and the court denied this motion. This is being spun by some Billy butt-kissers as though Karl’s lawsuit has been totally defeated. Here in the real world, the lawsuit is still alive and well. Karl just has to continue having local folks print and submit stuff for him, like he has thus far. I’ll get into more detail on that in the next update.
Thanks Sir, Mitchell’s new found fan club sure do seem confident though.
Ersatz Cats maybe you should serve as the lawyer…and you can call it spin but don’t assume everyone’s butt kissing BM. They don’t like Karl either. Also you’re butt kissing Karl like mad.
https://x.com/Leigha_Sapienti/status/2049206027006984267
Hmmm… Me mocking at length what I thought was a poor inclusion in the filing doesn’t seem very butt-kissy to me. But whatever. Either way, you are fair to read my write-ups as biased toward Karl, and come to your own conclusions.
Karl.Jobsts accuses people of fraud, embezzlement, causing a suicide, and a whole host of other things with zero evidence amd evidence directly refuted his accusations, but yall supported him anyway.
Billy Mitchell states opinions based on what a whole lot of former Karl Jobst supporters have said, but that is defamation.
Even better is you arguing his case is so airtight that Karl didn’t need actual lawyers, just chat gtp and his own genius brain. But if Mitchell’s lawyers or Mitchell makes a mistake, it is because they are idiots using chat gtp.
The glazing is strong on this site.
Bro thinks AI was used and defends Jirard lmao
Oh look, guy who’s wrong about literally everything disagrees with me lmao
Well, it’s been several weeks. Has he won yet?/s
Jokes aside, I really do think that this will end up a “TAB” as you call it, and the judge will end up giving BM a slap on the wrists. But it’s always fun to imagine Karl being successful.
Karl Jobst has a humiliation fetish
It’s going to be very interesting to see the outcome in Karl’s lawsuit against Garrett Bobby Ferguson. Hopefully THIS lawsuit won’t be met with delay after delay after delay as was the case with the last one…and we all know who was the driving force behind those delays.
I am hoping that Karl has learned something from the last lawsuit and will refrain from posting further GBF material on his YouTube channel.
Hopefully Karl’s choice of legal counsel…even if the same as before…does not make any procedural or strategic gaffes.