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Will probably have to be able to prove that though
He showed the stories to Kirby McCauley at some point, and he got them published. The first one in F&SF in 1978, which is only shortly after the first issue of the comic in question. I'm sure there's other documentation available.
As usual TMZ reporting is a joke. Who is suing? Is Warren Publishing suing? Where was the suit filed? If TMZ has any actual knowledge of the suit then why don't they provide any details?

Waiting 35 years to sue probably violates a limitations statute. $500 million is also a ridiculous figure. This seems to me to be a frivolous lawsuit.
It's not that uncommon to see these lawsuits before a movie premiere though. The case will likely be thrown out, but if nothing else, it gives the creator of the comic some exposure he wouldn't have gotten otherwise.