Asmongold files motion to dismiss Mizkif lawsuit

The two's ongoing legal battle convulsions The streamer reached a new level when Zack “Asmongold” Hoyt filed a motion to dismiss the defamation lawsuit against Emily Beth “Emiru” Schunk filed by him and Matthew “Mizkif” Rinaudo. As of this writing, the lawsuit between all Twitch content creators and the organizations involved is still an ongoing issue.

Asmongold and Mizkif are both co-founders of One True King (OTK), an Austin-based media organization that includes Emiru, who has served as co-owner since 2023. In October 2025, Emiru revealed on a live stream that he had previously been in a relationship with Mizkif, although the relationship ended several months ago. However, Emiru accused Mizkit of sexual assault and threats at a vulnerable moment and claimed he took advantage of her. Following Emiru's accusations, OTK stated that Mizkif's contract with the organization had been terminated some time ago and over 1 million shares of the company had been withdrawn.

Hasan Piker Purple Background Twitch Logo

Hasan Piker makes a statement after being banned from Twitch.

Controversial streamer Hasan Piker issued a statement after receiving his first Twitch ban of 2026 in late January.

Asmongold wants Mizkif's defamation suit dismissed

twitch-asmongold-lawsuit-dismissal-filed-mizkif-against Image via Court Listener

In response to these claims, Mizkif filed a lawsuit against Emiru and Asmongold in November 2025 for defamation and monetary damages arising from their dismissal from OTK. But according to a motion filed in the U.S. District Court for the Western District of Texas under Federal Rule of Civil Procedure 12(b)(6), Asmongold's legal team wants the court to dismiss Mizkif's lawsuit with prejudice. The defense argued that Mizkif failed to state a valid claim against the defendant. Asmongold's attorney also stated that public comments about Mizkif or his actions are not grounds for the plaintiff's legal action. As an alternative to dismissing the case, Asmongold's legal team said Mizkif and his attorneys could provide a more definitive statement clearly identifying the defamatory comments the defendant made about Mizkif.

Asmongold's lawyers argued that Mizkif had failed to disclose that he was a public figure and that “he cannot be sued for anything that upsets him.” Asmongold stepped down from OTK in 2024, but that hasn't stopped him from sharing commentary on topics regarding current and former members of the organization on his stream. Asmongold's legal defense said Mizkif had admitted to aggressively slamming doors and taking steroids, which had resulted in him having “crazy anger issues”. The defense argued that any comments on Mizkif's public statements did not constitute defamation under Texas law. “Mizkiv cannot sue Hoyt for defamation simply because he repeated and agreed with some of Mizkif’s own statements,” Asmongold’s legal team said.

twitch-mizkif-streaming-controversy-claim

The defense added that all of Mizkiv's challenged statements were opinions protected under the First Amendment. Given Asmongold's reputation as a world leader in content creation, he is also considered a public figure. Asmongold's legal team said Mizkif would have to prove actual malice in the defamation suit rather than relying on comments he made about his admission. However, the dismissal filed by Attorney Asmongold is limited in scope. This only addresses what Mizkif levied against Asmongold and not what was levied against Emiru or OTK. As of this writing, the U.S. District Court in Austin has not ruled in favor of Asmongold or Mizkif. Given that the case is still ongoing, it remains to be seen what the final ruling will lead to.

However, Mizkhiv's legal troubles are unlikely to end anytime soon. Since Emiru's October stream, more women have accused Mizkif of sexual harassment, abuse and a smear campaign. After OTK revealed Mizkif's firing, Mizkif left Twitch and began streaming on Kick, one of its main competitors.

Source: Dexerto

Leave a Comment