Posted in: Comics, Current News | Tagged: action lab, Ashley Victoria Robinson, Axur Aneas, ben matsuya, Ben Matsuya Rod Espinosa, Brockton McKinney, Chad Perkins, Christopher Mills Anthony Ruttgaizer, colleen douglas, Corey Kalman, David Pepose, David Schrader, DeWayne Feenstra, Dexter Weeks, Dillon Gilbertson, Erica L Schultz, Jackie Crofts, James Wright, Jason Inman, John J. Perez, John Matsuya, John Reilly, Joshua Henaman, Justin Carmien, Ken Marcus, Kristian Horn, Larkin Ford, lawsuit, Mark Stegbauer, Martheus Wade, massimo rosi, Riley Biehl, rylend grant, steve bryant, Susan Bridges, Tilly Bridges, Tom Rogers

Comic Creators Pull Lawsuit Against Action Lab, But Plan To Refile

We have discovered the delayed civil action class lawsuit against comics publisher Action Lab has been dismissed by the Pennsylvania courts.

In September 2021, Bleeding Cool first talked to Action Lab Entertainment CEO Bryan Seaton about complaints from comic book creators regarding payments, rights and publishing. We followed that by detailing a number of such accounts from creators over how Action Lab was handling these complaints, with mixed results. In February 2022, a class action lawsuit was launched, on behalf of comic book creators Jeremy Whitley, Jason Strutz and Emily Martin of Princeless and Raven, The Pirate Princess, Tom Rogers, John Reilly and Dexter Weeks of Herald: Lovecraft & Tesla, John J. Perez of Archon: Battle Of The Dragon, Joshua Henaman of Bigfoot: Sword Of The Earthman, Rylend Grant of Aberrant, David Schrader and Kristian Horn of Baby Badass, Jason Inman, Ashley Victoria Robinson and Ben Matsuya of Jupiter Jet, Dillon Gilbertson of Sweetheart, Ken Marcus, Justin Carmien of Super Human Resources, Corey Kalman, Brockton McKinney, Larkin Ford of AmeriKarate, Tilly Bridges and Susan Bridges of Killswitch, Erica L Schultz of Twelve Devils Dancing, James Wright and Jackie Crofts of Nutmeg, Riley Biehl of Miranda In The Maelstrom, Martheus Wade of Shinobi: Ninja Princess, Massimo Rosi of Cold Blood Samurai, Chad Perkins of Blue Lullaby, David Pepose of Spencer & Locke and Going To The Chapel, Christopher Mills of Gravedigger, Anthony Ruttgaizer of The F1rst Hero and Slayer , DeWayne Feenstra / Axur Aneas of The Adventures Of Aero-Girl , Colleen Douglas of Carmine, John Matsuya and Ben Matsuya of Midnight Massacre, Rod Espinosa of Adventure Finders , Steve Bryant of Athena Voltaire and Mark Stegbauer of Ghoul Scouts.

Now Bleeding Cool has discovered that the delayed civil action class lawsuit against Action Lab has been dismissed by the United States District Court Western District Of Pennsylvania at the request of the involved parties. The dismissal date was the 2nd of August, 2023.

The dismissal sees the claimants agree that they will not assert any claims under the Copyright Act or any other federal cause of action in any other forum, that if they re-file any of the claims asserted in this Federal Action, they will do so only in the Court of Common Pleas of Allegheny County, Pennsylvania. But that Action Lab and Bryan Seaton do not generally consent to that court as an appropriate venue for actions against them. And that the comic creators will not seek class treatment in any state court action for any claims that have not previously been asserted in this federal action.

Bleeding Cool understands, from talking to involved sources, that the creators intend to re-file against Action Lab with a different court in order to expedite proceedings. Comic book industry lawyer Michael S. Katz will continue to represent the creators in this matter, and told us "Plaintiffs voluntarily offered to have the case dismissed from federal court so they could refile in state court. The case has languished in federal court for way too long due to insufficient federal judicial resources. The case will soon be refiled, with streamlined issues and with additional plaintiffs."

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