28 thoughts on “Walker v. Kimberlin, et al. News

    • hahaha That would have been a very good idea. I think if the puny pedo knew then what he knows now, he’d have never added the reputation manager who turned out to only be effective in increasing the publicity given to issues he wanted hidden.

  1. And maybe one of you law talking types can educate me, but how was BK’s MSJ any different from his MTD?

    I think I get how a MSJ is different from a MTD, generally (the former argues the facts, the latter argues the law), but BK seems to have argued the law in both. And having lost on the law once, what the hell did he expect?

    And is filing a second MTD under the guise of a MSJ sanctionable conduct?

    • You’re close, but, very simply put: A MSJ says there are no disputed facts, and argues the legal reasons why judgment should be entered. A MTD doesn’t ask for judgment based on the facts of the case, but for the action to be dismissed because it doesn’t meet one or more of a very long list of possible legal standards/requirements.

      • OK, because I am but a humble little thought:

        A MTD argues: Even if you’re facts are true, you still lose.
        A MSJ argues: Given that these particular set of facts are agreed to be true, you lose.

        It would seem that a MSJ (by the defendant) should always argue that some facts alleged have been settled as not true.

        I guess one could argue at MTD “Even if you’re facts are true, you still lose” and then argue at MSJ “I agree all your facts are true, but you still lose”. But if the latter would work at MSJ it would have already worked at MTD. Conversely, if it didn’t work at MTD, not only would it not work at MSJ, but in effect act as a confession of guilt.

        How is this not exactly what BK has done?

        • At the motion to dismiss stage the well-pleaded facts in the complaint are presumed to be true. Well-pleaded in this sense means facts that, if true, would support the case.

          At the motion for summary judgment stage the facts supported by evidence are considered. It may be that after the discovery process, some alleged “facts” are not supported by evidence and can no longer be considered.

          • Well, this certainly shows that should I ever need one, I should definitely hire an attorney.

            I’m still not getting it. If you are asking for summary judgment prior to discovery and/or a determination by the trier of fact (which is where the case is right now), you would not need to argue on the basis of agreed upon facts (if there were a dispute on the facts the case should proceed to discovery and/or the trier of fact, killing the MSJ).

        • So is this right?

          Motion for Summary Judgment – “You tweeted out this, so you’re obviously not butthurt about it.”

          Motion to Dismiss: “Butthurt is not a tort.”

          • You didn’t see the memo? His name is now Brett “Denied” Kimberlin.

        • Hint: Someone‚Äôs doing it wrong.

          Well, it’s more a question of scale on the wrongness.

          Did he:
          A) Just waste everyone’s time
          B) Do something sanctionable by filing multiple Motions to Dismiss under a different name
          C) Screw himself royally by admitting to all AWs facts

  2. I will breathlessly dash over to Bunnyboy Unread to see the update he is sure to post given that Kimberlin has been smacked down in two cases today.

  3. (Just visualizing) So let’s see. I’m a sawed-off little nobody with a sweet non-profit scam going. Someone said something bad, truthful but bad about me. Now I’m mad and I ‘m going to get even. Well gee, he’s a Ivy League lawyer who in his off time runs a blog site under an alias. Even though he is practicing his First Amendment right, I’m going to use the court to rat him out and cause him and his family distress.
    Maybe I can try to take a picture of him in the courthouse so I can have it posted online. That idea didn’t work out but now I can have him arrested on assault charges and really screw him over. Gee, the trumped up charges didn’t work out, but at least I was able to get him fired from his job.
    My motto, lawsuits for the rest of your life. Wait, what went wrong. He’s an unemployed lawyer with extra time on his hands. Why is he coming after me?

    Old Brett never was one to actually think thing through. He keeps throwing sh*t against the wall trying to see what will stick. As my hero Forrest Gump said, “stupid is as stupid does” and boy is that boy S-T-U-P-I-T. Or, as a British naval officer once wrote on another officer’s eval, “this man is depriving a village somewhere of their idiot.” Maybe if he’s lucky, both he and mayo man can share a 8×10 apartment together.

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