Team Kimberlin Post of the Day

Some days, Team Kimberlin provided multiple opportunities for pointage, laugher, and mockification. Five years ago today, I posted this Bonus Legal LULZ Du Jour.

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The Dreadful Pro-Se Freeloader Schmalfeldt has a post up on one of his myriad wastes of bandwidth (No, I won’t link to it.) in which he claims that he is within his rights to deep six potential evidence related to his LOLsuit VII: Degenerations. To “prove” his point he cites a bit of Illinois case law from this case: Martin, et al. v. Keeley & Sons, Inc., 979 NE 2d 22 (Ill. 2012). The Cabin Boy™ seems to have forgotten that he filed his suit in a federal court, so the Federal Rues of Civil Procedure and Federal Rules of Evidence govern his case.

popcorn4bkIANAL, but FRCP 37 seems to allow the following sanctions for spoliation of evidence: dismissal of the wrongdoers claim, entering judgment against the wrongdoer, or applying the adverse inference rule.

The unfortunate lawyer “recruited” to represent The Dreadful Pro-Se Freeloader Schmalfeldt is in for an interesting time.

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Indeed, the lawyer who the court appointed to screen Schmalfeldt’s LOLsuit immediately file a motion to dismiss it.

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