Yewneek vs Brendan Schaub – Lawsuit update

INFO: Brendan Schaub didn't lose the case. The judge just denied two motions for summary judgement. Also Schaub's legal team filed a motion to rule Kyle's affidavit inadmissible, because he initially submitted it without a signature and unnotarized (and when he finally got around to resubmitting it with a notarized signature, it was late). The judge denied the motion and is going to allow the affidavit into evidence. She said she's being lenient since Kyle is a pro se defendant (i.e. he's his own lawyer, and he's obviously a redact who has no idea what's going on).

The second motion that was denied was Kyle's motion requesting a summary judgement for dismissal. The judge points out that although the burden of proof to prove infringement is on Schaub, 'fair use' is an affirmative defense, so the burden of proof to claim 'fair use' is on Kyle. She finishes by saying, 'it cannot fairly be said that the defendant has dispelled any possible factual dispute to warrant dismissal based on affirmative defense.' In other words: YewNeek hasn't proven his case, so she's denying the motion to dismiss the lawsuit and it's moving forward.