18 thoughts on “And In Further Legal News …

  1. Okay, so I I broke out my crystal ball and saw Kimberlin’s not yet filed response to this. In it, he falsely claims that the Judge in the Federal court said that he(Kimberlin), in fact, plead valid state claims, but that the Court elected not to proceed on them. He cites his letter to the Judge in the federal court, in which he wrongly stated the Court’s ruling, as his proof regarding the court’s ruling. He also, wrongly, claims that it is binding precedent. Then he moves for sanctions against the attorney who filed this, because ACME law requires this in nearly every reply to a motion. Oh, and he pleads dozens of facts not in the actual complaint to prove that his complaint, as written, is sufficient.

    • I also looked into that crystal ball and had to turn away because it involved K. in a permanent slumber party in prison where he will be frequently bought and sold for cigarettes.

    • I’ll guess that Brett Kimberlin will claim that since only a conspiracy can reasonably explain twenty parties repeating the same false statement it must be the case that all her statements were false and that she entered into a conspiracy. Kimberlin will then argue that if a somewhat innocuous statement directed by one party towards another causes some minor offense, the same statement posted on the internet could be read potentially by millions making the same statement millions of times more offensive! Thus, due to the large readership of Twitchy, any false statement by them is automatically outrageous. Kimberlin will go on to argue that political liberalism is the Truth and the Light. As a liberal, it must be the case that he has been cleansed of all his past sins. Twitchy’s failing to mention his liberalism– outside of the context of his bombing spree–places him in a highly false light. Kimberlin will go on to argue that the lack of any music business is proof positive of how badly his career was damaged by Twitchy’s statements.

      • LOL, I would too if I were you guys. This lawyer writes technical like a good lawyer but then BAM, he’ll throw in a zinger that catches you off guard and makes you smile at his genius, and will undoubtedly catch the Judge’s attention.

    • Having had serious exposure to attorneys as a criminal defendant, I was of the understanding that most legal briefs contain up to 90% stolen content, that every good lawyer, in the interest of economy, steals effective language, files off theserial numbers (so to speak), repaints and uses them in their own documents. Particulalrly effective language will be re-purposed so many times by so many attorneys that it is entirely possible for an attorney to use a bit that actually was used by the judge they are before back when that judge was in practice.

  2. Btw, let’s notice something.

    the personal jurisdiction stuff. totally stolen from me, specifically my Motion to dismiss my criminal charges.

    but that part? totally stolen from Patrick Grady.

    The giveaway is the fact that Smith doesn’t mention the long arm statute. Grady talked about it, and i don’t see how Smith wouldn’t unless he was just looking at mine, which didn’t mention it (because the long arm statute doesn’t apply to criminal law–in maryland, the equivalent is common law).

    So a slow clap for Grady getting ripped off by an actual lawyer. I wonder if Schmalballs still thinks the argument is meritless?

      • Bill obviously is as strong a believer in magical thinking as is his “excellent friend”. He believes if he says Aaron is a lousy lawyer often enough a miracle will occur and it will become true.

        Since neither he nor BK have won against Aaron yet, he must feel that he didnt repeat the incantation enough times before.

    • Aaron, I honestly thought about saying your last filed MTD was the second best motion I’ve read. I’m not a lawyer and the legal argument tell tales like you would catch I can’t catch.

      The reason his is my favorite is his zingers like:

      “Yesterday’s weapon was a bomb in a gym bag; today’s is a lawsuit filed at the local courthouse in an effort to silence internet commentators.” and describing the case as being legal jihad.

      Also Edgran’s motions have had a few of those moments (most likely because of the Plaintiff’s material he works from) that make me laugh. My suspicion is if I was a judge carefully crafted zingers reading the voluminous amounts of motions they do, they probably like them if professionally made and it grabs their attention.

    • “the personal jurisdiction stuff. totally stolen from me, ”

      Yeah, yeah, yeah. We all know you wrote Twitchy’s filing. Why don’t you just admit it?

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