It’s fitting in a twisted kind of way – Spawn is an undead character, and the Tony Twist v. Todd McFarlane case will not stay dead either. The Missouri Supreme Court has sided with Twist’s lawyers and ruled yesterday that faulty instructions were given to the jurors prior to beginning their deliberations.

As such, it’s back to court for Twist and McFarlane.

The Supreme Court sided with McFarlane’s successful appeal which overturned the original verdict in the case (Which granted Twist $24.5 million in damages) on virtually all counts, but found that when the jury was instructed in what they should and should not consider in their deliberations:

The verdict director given by the court erroneously, though harmlessly, failed to include a requirement that the jury find that the defendants used Twist's identity as well as his name. The fatal flaw in the verdict director was its failure to instruct the jury properly on the commercial advantage element. It erroneously permitted the jury to render a verdict that could have found commercial advantage based on the mere incidental use of Twist's name rather than the intentional use of his name and identity to obtain a commercial advantage. Accordingly, the verdict must be set aside.

According to CNN: “Twist's attorney, John Bardgett Sr., said he was pleased his client will get another day in court.”