Alyssa Mercante’s Lawsuit Just Got Nuked!
- Smash JT
- 2 hours ago
- 3 min read
We've Filed a Motion to Dismiss Alyssa Mercante’s Frivolous Lawsuit—Citing Her Own Tweets as Self-Defeating Evidence...
My attorney Ron Coleman has formally submitted a motion to dismiss the lawsuit filed against me by former Kotaku editor, now turned-waitress Alyssa Mercante. The 18-page filing lays out, in some seriously meticulous detail, just how Mercante’s 'case'—spanning five counts all rooted in defamation—isn't only legally baseless, but fatally flawed by many of her own public admissions.
NOTE: While we have covered the initial fees for Ron Coleman, if you wish to contribute additional assistance to the ongoing battle against Alyssa Mercante to fight back against her frivolous claims, please consider donating to the ongoing GiveSendGo I have set up to assist throughout all of this madness.
At the core, the lawsuit is alleging that I called Mercante a “whore” and a “former sex worker” online, claims which she argues have now led to harassment, emotional distress, and her apparent resignation from Kotaku. The problem? Mercante has proudly and publicly described herself using these SAME exact terms multiple times on social media. Here is our request for dismissal, but this below article will parse through all that legal mumbo jumbo and get down to what matters specifically:
Screenshots of her own tweets—praising sex work, joking about performing sex acts for money, and labeling herself a “feminist whore”— and all of these things are clearly featured prominently in the filing. That, according to Coleman, makes her “libel-proof” on this issue. You can’t be defamed by statements that she herself openly embraced.
He didn't stop there though. The motion then further argues that the court lacks personal jurisdiction over me, as I live and operate in California... while Mercante is over residing in New York. Simply accessing content on the internet in New York doesn’t meet the threshold for “minimum contacts” under New York law—especially in defamation cases, where the state explicitly carves out such claims from long-arm jurisdiction.
While Mercante and her lawyers have since attempted to dox other YouTubers in an effort to establish jurisdiction, the reality is, all this boils down to is some embarrassing keystone cop litigation.
Additionally, Coleman's filing continues to systematically dismantle the other claims, including the ridiculous “stochastic terrorism” one - a made-up tort with no previous legal precedent, and “intentional infliction of emotional distress,” which courts have repeatedly ruled cannot be used to circumvent defamation standards.
As for the claim that my videos caused her to lose her job? Ron Coleman's filing accurately points out that Mercante is a public figure, well-known for engaging in inflammatory online discourse, and as such, it bears the burden of proving “actual malice”—a bar she fails to meet. In fact, one could argue, the more she tries, the more she's actually attempting to slander and libel ME.
And last but definitely not least, Coleman’s motion invokes New York’s anti-SLAPP law, and is seeking dismissal on the grounds that this case was filed without a “substantial basis in fact and law” - which would be entitling me to full recovery of attorney fees from Alyssa herself. I wonder if she understands how this all works...?
It’s my understanding that now since Mercante’s legal team has submitted an amended complaint, our next step here will be to submit an updated request for dismissal—unless the judge directs us all otherwise. But based on how flimsy this case already is, the writing may already be on the wall. While I ultimately deep down feel like this is all one gigantic waste of time, every lawsuit needs to be taken very seriously, no matter how frivolous, as the actions taken by Mercante here have set her up for some serious potential legal repercussions. As I've said many times before, while nothing is ever guaranteed when it comes to the court system, I sure hope her team of lawyers have accurately warned her about the potential consequences of this pursuit.
~Smash
