Team Kimberlin Post of the Day

As I mentioned earlier, more motions to dismiss have been filed in the Kimberlin v. The Universe, et al. RICO Madness. Here is the motion from Erick Erickson, RedState, James O’Keefe, and Simon & Schuster. I was particularly impressed by its use of the Maryland Anti-SLAPP statute.

22 thoughts on “Team Kimberlin Post of the Day

  1. A direct, workmanlike motion to dismiss that is simply irrefutable. Kimberlin is going to looooove Baker&Hostetler’s billed fees affidavit when the judge invites it for the order entering judgment against him.

  2. “O’Keefe was entitled to rely on the well-documented pattern of conservative bloggers falling victim to swatting attacks shortly after writing about Kimberlin, and he was further entitled to express his fair commentary about a loose link between Kimberlin and the idea of swatting.” (pg. 19-20)


    The amount of time and money spent swatting this fly is crime. I hope this comes to an end soon for all of you and you all should be compensated by the Plaintiff for your troubles.

  3. This was a pleasure to read. It made clear the utter worthlessness of Kimberlin’s accusations and the baselessness of his entire lawsuit. I dearly hope that he will be held liable for attorney fees and costs, though it is doubtful that he will ever be able to pay them.

  4. Kimberlin hoped to win either by winning outright, or by seeing the defendants “walk back” their words. That hasn’t happened, and, isn’t going to happen.

  5. From page 29: “This lawsuit is an obvious attempt to bully commentators and “inhibit the exercise” of First Amendment rights. It is a classic SLAPP.”

    Okay, after reading this, I now understand SLAPP. I thought it was just a reaction to a lawsuit that caused a polite man to want to slap somebody. Clearly we need a “DOPE SLAP” law for that.

    (I’m not encouraging violence in any way.)

  6. The last page of the document is a proposed order to dismiss referencing O’Keefe, Simon and Schuster, Erik Erikson and Redstate, all set for Judge Grimm’s signature. Of course, Kimberlin would be liable for attorney fees. Let’s hope he adds everybody’s name and signs it.

  7. Pingback: So what is happening with Brett #Kimberlin vs. the Universe? | Batshit Crazy News

  8. I’ve always been bewildered at Kimberlin’s claim Erikson implicated him and didn’t “push back” against reporter’s hints, since I remembered him very definately saying quite flatly that he didn’t think the SWAT caller was Kimberlin (I don’t either, for that matter – but it’s hard to believe that writing about Kimberlin has nothing to do with it)

  9. Professional question for lawyers who practice in states with Anti-SLAPP claims:

    Do you always file such a short motion to dismiss with a memorandum in support of your Anti-SLAPP suit, as opposed to (for example), the detailed Motion to Dismiss from The Blaze?

    Seems like an unusual procedure. Or maybe it’s just a B&H practice.

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