All of the LOLsuits and other legal actions that Brett Kimberlin has filed since the beginning of 2012 have either been dismissed or won outright by defendants. The TKPOTD from four years ago pointed out one of the many instances in that LOLsuit where Kimberlin failed actually allege that he had been damaged by anyone’s tortious act.
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In order to be well-pleaded an allegation needs to specify the who, what, when, where, and how of the act in question. In order to recover for damages, the damages must be specified. Simply alleging John Doe hit me isn’t well-pleaded. That’s only who and what. A proper allegation would be something like this: John Doe hit me in the ribs with a baseball bat in City Park at around 10:15 am last Fourth of July; he broke two of my ribs, causing severe pain; and as a result of that injury, I sustained medical expenses of $2,369.14 and lost $752.00 in wages because I was unable to work.
Oh, and when you get to court, you better have witnesses and/or evidence to back up your story.
Just saying that I falsely called TDPK a “swatter” doesn’t cut it. He needs to say when, where, and how I did it. Of course, he can’t because I have never called him a “swatter.” I have noted that people have been SWATted after run-ins with Brett Kimberlin, but I also have noted that there is no proof of whodunit. Correlation doesn’t prove causation, but I can understand why some folks are suspicious.
It is true that I do try to raise money via this blog. The
Gullible Victim Gentle Reader will find the Tip Jar here.
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Fairly early on in The
Dread Deadbeat Pro-Se Kimberlin’s lawfare campaign, several people expressed their concerns that continually pointing out his errors would “educate the midget,” but those concerns we not well founded. A review of TDPK’s further filings show that he has never learned how to properly alleged a tort claim.
Failing failures gotta fail.