Dread Pirate #BrettKimberlin’s Unsuccessful Success

Let me provide some background for those Gentle Readers who have not been following the Saga of The Dread Pirate Kimberlin for as many months as I have. The current series of episodes began with a lawsuit TDPK filed against a blogger named Seth Allen. I won’t go through all the details, but because of a series of technical mistakes Mr. Allen made, TDPK Kimberlin secured a default judgment against him. TDPK sought an injunction against Mr. Allen requiring him to stop blogging about TDPK and a total of $2,250,000 in monetary damages. At the damages hearing in November, 2011, the judge issued an injunction requiring that Mr. Allen not defame TDPK but that allowed him to continue with non-defamatory blogging. He also awarded $100 in “nominal damages.”

Almost immediately, TDPK accused Seth Allen of violating the court order and moved that he be held in contempt. He also filed a motion to compel third parties to identify “Aaron Worthing,” a lawyer/blogger who had provided assistance to Mr. Allen. The interaction between TDPK and Aaron Walker (Worthing) at a January, 2012, hearing on the contempt motion is what has spun up into the Virginia and federal Walker v. Kimberlin, et al. civil suits.

The other result of the January hearing was that the judge ruled that Mr. Allen was not in contempt of the court order as a result of his further blogging. Of course, TDPK appealed with the following result:

<mockery>That’s a lot of effort for a $100 judgment and a lot of follow-on consequences for attempting lawfare against a lawyer.</mockery>

I expect to see a similar level of legal performance from Brett Kimberlin as a pro se defendant. He has bitten off more than he can possibly chew.

Gentle Reader, let that be a lesson to you. Enjoy the popcorn, but take it slowly.

And stay tuned.

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