Many of the Gentle Readers have said there have been so many LOLsuits filed by Brett Kimberlin over the past three years that they have trouble keeping up with them. Here’s a brief summary:
Kimberlin v. Walker, et al. was filed in the Circuit Court for Montgomery County on 30 August, 2013. It alleged various nonexistent torts as well as defamation and false light invasion of privacy against Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, and me. The nonexistent torts were dismissed against Aaron, Stacy, Ali, and me on motions for summary judgment on 1 July, 2014, and we beat Kimberlin at trial on 12 August, 2014, when the judge stopped the trial with a directed verdict in our favor because Kimberlin could not show that anything we had written or said about him was false. The persons Kimberlin identified as being Kimberlin Unmasked settled the case separately. Kimberlin appealed his loss to the Maryland Court of Special Appeals, and three-judge panel of the appeals court affirmed the judgment of the Circuit Court in January of this year. Kimberlin asked the whole court to rehear his appeal, but that was denied. He petitioned the Maryland Court of Appeals for a writ of certiorari, and that was denied. He announced that he would petition the U.S. Supreme Court for a writ of certiorari, but did not file in time. This case is finally over. Kimberlin lost. There will be no “exoneration.”
Kimberlin v. National Bloggers Club, et al. (I) was filed on 15 October, 2013, in the U.S. District Court for the District of Maryland, initially against a laundry list of codefendants including me, alleging that we were a racketeering enterprise set up to defame him. My codefendants included Mandy Nagy, Simon & Schuster (the publishing company), Glenn Beck, Michelle Malkin, and Lee Stranahan. Eventually, there were two dozen defendants. A few settled with Kimberlin, but most of us were dismissed with prejudice on 17 March, 2015. One count against one defendant, a civil rights complaint against Patrick Frey is still lingering. Kimberlin filed an untimely appeal with the Fourth Circuit Court of Appeals which was summarily rejected because the case is still pending in the District Court. Kimberlin has sought to use confidential evidence obtained from Patrick Frey during discovery in other cases, and Judge Hazel has refused to modify the protective order to allow it. As a result, Kimberlin has filed a petition with the Fourth Circuit Court of Appeals asking that court to order Judge Hazel to modify the order to suit Kimberlin. The Fourth Circuit has not yet acted on that petition. Discovery has now closed in the case against Patrick Frey.
Kimberlin v. Hunton & Williams LLP, et al. (I) was filed in the U.S. District Court on 16 March, 2015, the day before Judge Hazel threw out the first RICO LOLsuit. My codefendants in this LOLsuit included Hunton & Williams (a law firm with 800 lawyers), the U.S. Chamber of Commerce, and Pacific Northwest National Laboratories. This was another RICO suit alleging a conspiracy to defame Kimberlin. It was dismissed with prejudice last March. Kimberlin has appealed to the Fourth Circuit, informal briefing is complete on the appeal, and we are waiting for the ruling.
Kimberlin v. National Bloggers Club, et al, (II) was filed on 15 April, 2015, in the Circuit Court for Montgomery County. It recycled the state law claims from the dismissed federal suit against most of the defendants. Beginning in September, 2015, the defendants were dismissed piecemeal, and most of us were dismissed with prejudice. Kimberlin is now in the process of filing an appeal with the Maryland Court of Special Appeals.
Kimberlin v. Hunton & Williams LLP, et al. (II) was filed in the Circuit Court for Montgomery County after Judge Hazel dismissed the federal case. Again, Kimberlin did not include all of the federal defendants in the state case. This time he dropped me, perhaps realizing that including me as a codefendant meant that the doctrine of res judicata might shield my codefendants as well. However, he left me in the case as a co-conspirator, so most of the defendants have been dismissed because he should have sued them when he first sued me. I expect that the remaining defendants will be dismissed before Thanksgiving.
Kimberlin v. McConnell, et al. was Kimberlin’s LOLsuit against Senators McConnell and Grassley complaining that they hadn’t moved the Merrick Garland Supreme Court nomination through the Senate and alleging that they had waived the Senate’s right to not advise and consent to the nomination. This was filed in the U.S. District Court, and Judge Hazel dismissed the case sua sponte for lack of standing on Kimberlin’s part. This has also been appealed to the Fourth Circuit Court of Appeals. I have filed a motion to intervene in Kimberlin’s appeal, citing my interest as a party in three of the cases Kimberlin alleges give him standing to appeal.
For the record, I am represented in the Maryland Court of Special Appeals by Patrick Ostronic, and I am represented in the ongoing Fourth Circuit matters by Aaron Walker. Both are assisting me pro bono.