The legal battle between YouTube personality Smash JT and former Kotaku Senior Editor Alyssa Mercante has taken another turn. Mercante’s legal team from the firm Cohen & Green filed a response to Smash JT attorney Ron Coleman’s motion to dismiss her lawsuit.
However, based on the arguments presented, it appears they could be grasping at straws in a desperate attempt to keep the lawsuit alive.
Full disclosure: YouTube personality Smash JT is represented in this case against Alyssa Mercante by Ron Coleman and the Coleman Law Firm. That Park Place, WDW Pro, and Valliant Renegade are likewise legally represented by Mr. Coleman.
Jurisdiction Claims Fall Apart
One of the key arguments in Mercante’s response is an attempt to establish jurisdiction in New York, where the lawsuit is filed.
Her lawyers claim: “Defendant’s statements were broadcast from a location that falls within this Court’s jurisdiction.”
Smash JT via Smash JT YouTube
However, this directly contradicts what Coleman laid out in his motion to dismiss. Coleman previously argued that there are no allegations—and there could be none—that Smash JT conducts business in New York. His motion cited established legal precedent that “placing allegedly defamatory content on the internet and making it accessible to the public does not constitute the transaction of business in New York, even when it’s likely that the material will be read by New Yorkers.”
Despite this, Mercante’s legal team attempts to sidestep the jurisdictional issue by falsely claiming that Hypnocast, a broadcast featuring Smash JT, was conducted from a location under New York jurisdiction. However, Smash JT has confirmed that the claim is untrue, as Hypnotic, the host of Hypnocast, does not reside in New York.
This blatant misrepresentation of facts further weakens Mercante’s already precarious case.
False Claims About Private Information Disclosure
Another significant issue in Mercante’s response is the accusation that Smash JT exposed her private address.
The filing states: “Defendant disclosed Plaintiff’s residential address, placing her at risk.”
An excerpt from the Alyssa Mercante Smash JT Lawsuit in which Mercante conceals her physical address over safety concerns before revealing JT’s address – Gov.UScourts.NYED
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This is a particularly glaring claim given that Mercante herself revealed Smash JT’s home address in the publicly available lawsuit filing while redacting her own. This action has led to accusations that she deliberately exposed his private information while ensuring hers remained protected. Meanwhile, no specific instance has been presented where Smash JT allegedly revealed her residential address.
Without verifiable evidence, this argument appears to be an attempt to paint herself as a victim while shifting scrutiny away from her own actions.
Wix Hosting Argument Misses the Mark
In what may be the most baffling argument, Mercante’s legal team attempts to claim that the court has jurisdiction over the case because Smash JT’s website is hosted by Wix.com, a company with an office in Manhattan.
Their filing states: “Wix.com, which hosts Defendant’s website, has its primary office in New York, giving this Court authority over the matter.”
Ron Coleman via WDW Pro YouTube channel
This reasoning is deeply flawed and ignores Coleman’s arguments from the motion to dismiss. As Coleman previously pointed out, jurisdiction requires that the defendant have actual business ties to the location in question. The idea that using a web-hosting service with an office in New York grants jurisdiction would set a dangerous precedent where any website hosted by a company with multiple office locations could be sued anywhere.
If applied broadly, this would mean that entities using Google, Amazon Web Services, or any other major hosting platform could be sued in whatever jurisdiction their headquarters happen to be in. The attempt to manufacture legal standing here is weak at best.
A Lawsuit in Desperation Mode
The response from Mercante’s legal team appears to be more of a reactionary measure than a structured legal argument.
In what may be the clearest sign of uncertainty, they state: “Plaintiff intends to amend her complaint to address new post-filing conduct.”
Alyssa Mercante in the documentary Gaming While Black – YouTube, Black Sparrow Media
This signals a last-ditch effort to keep the Mercante lawsuit afloat by shifting the focus to newer allegations rather than standing by the original claims. Constantly amending a complaint suggests that the initial filing was not as solid as they initially believed, and now they are scrambling to find something—anything—to hold onto.
The Bigger Picture
This latest filing reinforces the idea that the Mercante Smash JT lawsuit is built on unstable ground. Her legal team is relying on misrepresentations, weak jurisdictional claims, and attempts to reframe the case rather than presenting a strong, fact-based argument. Meanwhile, Ron Coleman’s motion to dismiss remains a formidable challenge, positioning Smash JT in a strong defensive stance.
Smash JT via Smash JT YouTube
As this case unfolds, it becomes increasingly clear that Mercante and her team are struggling to justify the lawsuit’s continuation. With her legal arguments unraveling and Coleman’s expertise in full force, this case may not have much longer to stand.
What do you think of this latest Mercante lawsuit legal response? Is her case falling apart? Let us know in the comments below as we continue to cover this legal battle.
